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Common Causes of Malpractice Litigation<br><br>Malpractice litigation is a tense process. If a patient is able to prove four elements, it will determine whether or not the error is a case of malpractice. These are the following: a professional obligation in breach of this obligation; a repercussion from the breach; and quantifiable damage.<br><br>Plaintiffs must be able to prove the elements using evidence such as expert testimony and depositions.<br><br>The wrong diagnosis or the inability to diagnose<br><br>The inability of a doctor to accurately diagnose a disease or injury can result in grave complications, or even death. Many medical malpractice cases involve mistaken diagnosis. To prove negligence, a person or their lawyer needs to prove that a seasoned doctor in similar circumstances would not have misdiagnosed the condition.<br><br>A misdiagnosis is not always malpractice. Even highly skilled and experienced doctors are not immune to mistakes. Therefore, any claim of malpractice has to be supported with other elements such as breach, proximate causes and actual injury. If a physician fails to sterilize his equipment prior the time he administers anesthesia and the patient develops an infection as a result of this, the doctor might be held accountable.<br><br>In the majority of cases, lawsuits alleging [http://gpnmall.gp114.net/bbs/board.php?bo_table=qa&wr_id=156339 malpractice] will be filed in the state trial court in which the alleged error occurred. Federal courts may however have jurisdiction in certain instances. A claim can be brought before a federal court in certain circumstances. For instance it could be a dispute about a statute of limitation or if the parties are of different nationalities. Additionally, some cases are settled through voluntary binding arbitration. This is a non-formal procedure which involves professionals who make the decisions. It is designed to cut costs, speed up legal process, and reduce the risks associated with large juries. However, arbitration isn't accessible for all malpractice claims.<br><br>Dosage for a drug that is not correct<br><br>Medication errors are one of the main causes of medical malpractice lawsuits. They can be the result of a doctor writing a prescription that is not correct or administering the wrong dosage to the patient. These errors are usually preventable. In the event of an incident the situation, a pharmacist, a hospital or other health care providers could be held accountable for the injuries caused by a patient who received the wrong dosage of a medication.<br><br>A doctor could prescribe wrong medication to a patient as a result of an inaccurate diagnosis or simply because he/she misreads the prescription. A health professional could also prescribe the wrong dosage due to a breakdown in communication, such as when the nurse reads the doctor's handwritten prescription incorrectly or the pharmacist makes an error in filling out the prescription. In other cases the doctor could delay the administration of the correct medication, which can result in the patient's health getting worse.<br><br>A person who suffers from a medical malpractice claim must prove, for the sake of winning a malpractice lawsuit, that the medical professional breached their standards of practice and that their injuries were directly caused by the negligence. This requires medical expert testimony. A medical malpractice claim also must prove the extent and severity of the victim's injuries. This includes the cost of treatment as well as any lost wages. The more loss you suffer is, the more valuable of the claim.<br><br>The wrong procedure<br><br>This type of incident is not uncommon. It may seem impossible for medical professionals to perform the incorrect procedure on patients, but it does happen. A surgeon who makes this mistake could be held accountable for malpractice. A patient who is injured due to an error during surgery may be held accountable for any errors that occured during the procedure.<br><br>Any health care professional who is alleged to be negligent must prove that the patient was harmed by a specific act or inaction. To establish this the legal team representing the patient must prove: (1) that the doctor was legally obligated to provide care or treat the patient; (2) that he did not fulfill that duty; (3) that a causal link exists between the breach and injury; and (4) the injury causes damages that the legal system could address.<br><br>A breach of duty of care has no meaning unless it results in injury. This is why medical malpractice cases are usually based on the legal doctrine "res ipsa locquitur" which states that certain injuries are so obvious they can be explained only through negligence.<br><br>Based on the circumstances depending on the facts, the plaintiff (the person who filed the claim or their legal representative) or their lawyer could decide to file a lawsuit either in state or federal court. The majority of malpractice cases are filed in state courts, but in certain situations, a medical negligence lawsuit could be filed with a federal district court.<br><br>Wrong Surgery<br><br>The wrong-site surgery is rare however, it could be a case of medical [http://shinhwaspodium.com/bbs/board.php?bo_table=free&wr_id=1988709 malpractice lawyers] if the procedure is performed in the wrong area of your body. This kind of error is typically caused by miscommunication between members of a surgical team or production pressure that results in the surgeon being assigned multiple surgeries at one time. In these cases, a surgeon is not solely responsible for a misplaced procedure because of a legal rule known as "res ipsa locquitur" which says that the outcome speaks for itself and cannot be blamed on negligence.<br><br>If an individual is injured in an incorrect procedure the patient may require additional procedures in order to correct problems that were made worse by the mistake. Patients and their families are left with costly medical bills. These costs should be taken into consideration when calculating the financial impact of medical malpractice claims.<br><br>The majority of times surgeons are accountable for surgical mistakes. They are responsible in preparing the patient prior to the procedure, checking the medical records and charts of the patient, coordinating with the medical staff, and ensuring that the incision was made in the correct place. In some instances, a hospital or anesthesiologist could also be held accountable. Medical malpractice lawsuits are typically filed in state court, however, they can be transferred under certain circumstances to federal court.