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Common Causes of Malpractice Litigation Malpractice litigation involves a complex procedure. Whether or not an error is considered to be malpractice is dependent on whether the patient can prove four legal elements such as a professional duty breach of this duty; harm caused by the breach and tangible damages. Plaintiffs must also prove the elements using evidence like expert testimony and depositions. Incorrect diagnosis or failure to diagnose Inability to recognize an injury or illness accurately can result in serious complications, or even death. It is a typical reason for medical malpractice. To prove negligence, a person or their lawyer must demonstrate that a seasoned doctor in similar circumstances would not have misdiagnosed a condition. The misdiagnosis of a patient does not always mean malpractice. Even highly trained and experienced doctors make mistakes, therefore a claim of malpractice attorneys must be supported by other factors like breach, proximate cause and actual injury. For instance, if a physician is not careful to clean their equipment prior the time they administer anesthesia, and the patient develops an infection because of it, the doctor could be liable for 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 error occurred. However, federal courts might be able to handle cases in certain circumstances. For instance, a case may be brought in federal court if it is a dispute over the statute of limitations or in the event of a significant variety of citizenship among those involved in the dispute. Certain claims are settled through arbitration that is binding and voluntary. This is a less-formal process which involves professionals who make the decisions. It is designed to minimize costs, speed up legal process, and remove the risk that comes with large juries. Arbitration is not always available in cases of malpractice Lawyers; moden126.Mireene.com,. The wrong dosage of medication Medication errors are one of the main causes of medical malpractice lawsuits. These errors can be caused by a physician who writes prescriptions in the wrong format or giving the patient the incorrect dosage. These mistakes are often avoidable. Based on the circumstances, a hospital or its staff, a pharmacist or other health care provider could be held accountable for the injuries of a patient who was prescribed the wrong dosage of medication. A doctor may prescribe the wrong medicine because of a misdiagnosis or simply not understanding the prescription correctly. A health professional could also administer the wrong dosage because of a breakdown in communication for example, when nurses read a doctor's handwritten script incorrectly or the pharmacist is mistaken in filling the prescription. In other instances doctors may delay in administering the correct medication to the patient, resulting in their condition worsening. A plaintiff must prove for the sake of winning a malpractice claim, that the medical professional breached their standards of practice and that their injuries were directly attributed to the negligence. This requires the testimony of a medical expert. Moreover, a medical malpractice claim must establish the extent of a victim's injuries and the damages they suffered as a result of the negligence. This includes the cost of treatment for the victim as well as any lost wages. The more money you lose, the higher the value of the claim. The wrong procedure It might seem absurd that medical professionals would perform the incorrect procedure on a patient, however, this kind of thing does occur. The surgeon who makes this mistake could be held liable for negligence. However those who are injured by a surgical mistake can also be held accountable for any negligence that occurred the way to the procedure. Any health professional who is accused of negligence must show that the patient was injured by a specific act or failure to act. To prove this the legal team of the patient must prove that: (1) the doctor was in an obligation to provide care or treatment; (2) that the doctor violated that duty; (3) that there is a direct and causal connection between the breach and the injury and (4) that the injury causes damages which the legal system has the power to resolve. A breach of the duty of care is insignificant unless it causes injury, which is why medical malpractice law firms lawsuits are generally based on a legal doctrine known as "res ipsa loquitur." This law states that, in many instances certain injuries are obvious and recognizable that they can only be explained by negligent actions. Depending on the facts of the case, the plaintiff (the patient or their legally appointed representative) or their lawyer may make the claim in a state or federal court. The majority of malpractice cases are filed in state court, but in certain situations, a medical malpractice case could be filed in federal district court. Wrong Surgery The wrong-site surgery is a common error, but it can be considered medical negligence if the procedure is carried out on the wrong portion of the body. This type of mistake is often caused by miscommunications between the surgical team, or production pressures that lead to a surgeon having multiple surgeries assigned at once. In these instances the surgeon is not solely responsible for an incorrect-site operation due to the legal principle of "res ipsa locquitur", which states that the outcome is a matter of fact and cannot be blamed on negligence. If a patient gets injured due to surgery performed on the wrong site and is injured, they may require additional procedures to correct issues that were caused by the surgical mistake. Patients and their families are left with expensive medical bills. These costs should be considered when calculating the financial impact of medical malpractice lawsuits. Surgeons are often held liable for surgical errors as they are the ones who are responsible for properly prepping for the operation as well as double-checking the patient's charts and medical records, communicating effectively with the other members of the medical team, and making sure the incision is placed at the right place. However, in certain instances an anesthesiologist or hospital may also be liable. Medical malpractice cases are typically filed in state courts. However, in certain situations they may be transferred to federal courts.