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Common Causes of Malpractice Litigation malpractice lawyer litigation is a complicated procedure. If a patient can demonstrate four elements, it will be able to determine whether or not the error is malpractice. These are: a professional obligation or breach of that obligation; an injury that results from this breach; and quantifiable damages. Plaintiffs must also prove the elements by using evidence, such as expert testimony and depositions. The wrong diagnosis and the inability to recognize The failure of a physician to accurately diagnose an illness or injury could result in serious complications or even death. Misdiagnosis is a common reason for medical negligence. To prove negligence, a person or their lawyer needs to prove that a qualified doctor in similar circumstances would not have misdiagnosed a problem. There are many misdiagnosis that could be considered malpractice, however. Even highly skilled and experienced doctors make mistakes. Therefore, any claim of malpractice must be backed by other elements, such as breach, proximate cause or actual injury. For example, if a physician does not properly sterilize their equipment prior to giving anesthesia and the patient suffers an infection in the process the doctor could be guilty of malpractice. Legal actions claiming malpractice are usually filed in state trial courts where the alleged misconduct occurred. However, federal courts could be able to handle cases in certain circumstances. For example, a claim could be filed in federal court if there is the interpretation of a statute of limitations or in the event of a significant difference in citizenship among the parties in the case. Additionally, some cases are settled through voluntary binding arbitration. This is a less formal process which involves professional decision makers and is designed to cut costs, expedite legal proceedings and reduce the possibility of excessively generous juries. However, arbitration isn't accessible for all claims of malpractice. The wrong dosage of medication Medication errors, also referred to as medication mistakes are among the leading causes of medical malpractice lawsuits suits. They can be caused by a physician writing a prescription incorrectly or administering the wrong dosage to patients. These mistakes are usually avoidable. In the event of an incident an individual pharmacy, hospital or other health care providers could be held accountable for the injuries caused by a patient who was given the wrong dosage of a drug. A doctor could prescribe the wrong medication to a patient because of an inaccurate diagnosis or simply due to a misreading of the prescription. A health professional may also prescribe the wrong dosage due to an issue with communication for instance, when nurses read the doctor's handwritten prescription incorrectly or the pharmacist makes a mistake in filling the prescription. In other instances the doctor may delay the proper medication, which could cause the patient's condition to getting worse. In order to be successful in a malpractice case, the victim must show that the medical professional did not meet their standard of care, and that the negligence directly caused their injuries. This requires testimony from a medical expert. Moreover, a medical malpractice case must prove the extent of a victim's injuries and the damages they suffered because of the negligence. This includes the costs of treatment as well as any wages lost. The more money you lose of the claim, the greater the value of the claim. Unskillful Procedure It might seem absurd for medical professionals to perform the incorrect procedure on a patient, but this type of mishap occurs. A surgeon who commits this error may be held responsible for malpractice. However those who are injured due to a surgical error may also be held liable for any negligence that occurred the process. A health care professional accused of malpractice has to prove that the patient was injured because of the specific act or inability to perform the act. To prove this, the patient's legal team must show that: (1) the doctor was in a duty to provide care or treatment; (2) that the doctor breached this duty; (3) that there is a direct causal link between the breach and the injury and (4) that the injury results in damages which the legal system has the power to be able to address. A breach of the duty of care is insignificant unless it causes injury this is why medical malpractice claims are typically built on a legal concept called "res ipsa loquitur." This law says that, in many instances certain injuries are so obvious and evident that they are only explained by negligent acts. Based on the facts of the case, the plaintiff (the patient or their legally designated representative) or their attorney can make the claim in a federal or state court. The majority of malpractice cases are filed in state courts, but in certain situations, a medical negligence lawsuit can be filed in federal district court. Wrong Surgery A wrong-site procedure is a rare mistake, but it could be considered medical negligence if the procedure is performed on the wrong area of the body. This kind of error usually occurs as caused by a lack of communication between the members of a surgical team or production pressure that leads to the surgeon being tasked with multiple surgeries at one time. In these situations, a surgeon is not solely responsible for an incorrect-site operation because of a legal rule known as "res ipsa locquitur", which states that the outcome speaks for itself and cannot be blamed on negligence. If a patient is injured during an incorrect procedure the patient may require additional procedures to rectify problems that were made worse due to the error. Patients and their families are left with expensive medical bills. It is essential to take these costs into consideration when calculating the financial burden of medical Malpractice lawyer claims. Surgeons are most often held accountable for surgical errors as they are the ones who are responsible for preparing for the operation by double-checking patient's chart and medical records, communicating effectively with the other members of the medical team and making sure that the incision has been placed at the right place. However, in some instances an anesthesiologist or a hospital could be held accountable. Medical malpractice claims are typically filed in state court but may be transferred in certain circumstances to federal court.