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Common Causes of Malpractice Litigation

Malpractice litigation is a complicated procedure. The question of whether or not an error is malpractice based on whether the patient is able to prove four legal elements: a professional duty; breach of this duty; harm resulted from the breach and the possibility of quantifiable damages.

Plaintiffs must also prove the facts using evidence such as expert testimony and depositions.

Undiagnosed or Incorrectly Diagnosed

Inability to recognize an injury or illness correctly can lead to serious complications, or even death. A large number of medical malpractice cases involve incorrect diagnosis. To prove negligence the patient or their attorney must prove that a competent doctor in similar circumstances and working in the same specialty would not have missed the diagnosis.

Not every misdiagnosis is malpractice, however. Even highly skilled and experienced doctors can make mistakes. Therefore, a claim of malpractice has to be backed by other elements, such as breach, proximate cause or actual injury. For instance when a doctor does not take the time to sterilize their equipment prior to giving anesthesia and the patient suffers an infection because of it the doctor could be guilty of malpractice.

In the majority of instances, lawsuits claiming that there was a mistake will be filed in the state trial court in which the alleged misconduct occurred. However, federal courts could be able to handle cases in certain circumstances. A claim can be brought before a federal court in specific circumstances. For example it could involve the issue of the statute of limitations or when the parties have different nationalities. Certain claims are settled through binding arbitration. This is a less-formal process that involves professional decision makers. It is designed to minimize costs, expedite the legal process, and remove the risk associated with overly large juries. Arbitration is not always available in cases of misconduct.

Dosage of a drug that is incorrect

Medication errors, also referred to as medication errors, are one of the main causes of medical preston malpractice lawyer suits. They can be the result of a doctor writing a prescription that is not correct or giving the wrong dosage to the patient. These mistakes are usually avoidable. Depending on the circumstances the hospital or its staff, a pharmacist or other health care professionals may be held liable for the harms suffered by patients who were given the wrong drug dosage.

A doctor might prescribe the wrong medicine because of a misdiagnosis or simply failing to read the prescription. A health professional could also administer the incorrect dosage due to a lapse in communication. For example the nurse might not read a doctor’s prescription correctly or a pharmacist could have a mistake while filling the prescription. In other instances the doctor may delay the proper medication, which can lead to the patient’s condition getting worse.

To be successful in an action for malpractice, a victim must establish that the medical professional did not meet their standard of care, and that the negligence directly contributed to their injuries. This requires the testimony of a medical expert. Medical malpractice cases also must prove the severity and severity of the victim’s injuries. This includes the cost of treatment as well as any wage loss. The more the loss of the claim, the greater the value of the claim.

Incorrect Procedure

It may seem impossible that medical professionals would perform the incorrect procedure on a patient but this type of mishap is quite common. A surgeon who makes the mistake could be held liable for negligence. However those who are injured as a result of a surgical error can also be held accountable for any negligence that occurred along the way to the procedure.

Any health professional who is alleged to be negligent must prove that the patient was hurt through a specific act or inaction. To establish this, the legal team of the patient must prove: (1) that the doctor was obligated to care for or treat the patient; (2) that he did not fulfill that duty; (3) that a causal connection exists between the breach and injury; and (4) the injuries result in damages that the legal system could address.

A breach of duty of care has no meaning unless it result in injury. This is why medical malpractice cases are typically built on the legal principle “res ipsa locquitur,” which states that certain injuries are so obvious that they can be explained only through negligence.

Based on the facts of the case, the plaintiff (the patient or their legally appointed representative) or their attorney may present the claim to state or federal court. The majority of malpractice cases are filed in state courts, however in certain situations the case of medical negligence may be filed in federal district court.

Wrong Surgery

Wrong-site surgery is a rare error, but it may be considered medical speedway malpractice lawsuit if the procedure is performed on the wrong area of the body. This type of error usually occurs as due to miscommunication between members of a surgical team or production pressure that results in the surgeon being tasked with multiple surgeries at one time. In these instances the surgeon isn’t alone in his or her liability for a wrong-site surgery due to the legal principle known as “res ipsa loquitur” which means that the effect of the error is evident and cannot be attributed to negligence.

If the patient is injured during an operation that was performed on the wrong site and is injured, they may need additional procedures to correct problems that were aggravated by the error. This could result in expensive medical expenses for the patient and their families. This expense should be taken into consideration when calculating the financial consequences of medical malpractice claims.

Surgeons are often accountable for surgical errors because they are the ones who are responsible for getting ready for the procedure and double-checking the patient’s medical chart and medical records, communicating effectively with other members of the medical team, and making sure that the incision is made on the correct site. In some cases hospitals or anesthesiologists may also be held responsible. Medical Grosse Pointe Farms Malpractice Law Firm claims are generally filed in state courts, however, they can be transferred under certain circumstances to federal court.