Malpractice Litigation

Malpractice litigation is often a long and complex procedure. It is necessary for the patient or a legally appointed representative to prove that the doctor did not fulfill the obligation of care owed to them and that an injury resulted.

Many proposals were put forward to change the legal rules governing medical malpractice claims. The trial and jury system was replaced with an alternative that would lower costs, speed up settlements, remove juries that are too generous, and screen out fraudulent claims.

Undiagnosed

Medical malpractice is often caused by incorrect diagnosis. It occurs in a multitude of instances every year, resulting in devastating results, including unnecessary surgical procedures, prolonged hospital stays, or even aggressive treatment. A misdiagnosis can even cause death, as in some cases that involve serious illness or injury.

In order to prove malpractice attorneys, a doctor must have breached his duty to the patient by not diagnosing an illness or injury correctly. In most cases, the failure of the physician to meet the standard of care is demonstrated through an expert opinion. This can be an expert in medicine who has extensive knowledge of the type of illness in question. The expert must also prove that the physician failed to adequately add the disease to his or her list of differential diagnoses by using methods like asking further questions, observing further or requesting further tests in the diagnostic process.

A plaintiff must also demonstrate that the injuries resulting from an error in diagnosis are a direct result of the breach of duty. This usually means proving actual damages like past or future medical expenses, lost income as well as pain and discomfort, reduced life span and other losses. In addition, the victim must bring the lawsuit within the statute of limitation which typically is two or three years after when the damage occurred.

Unskillful Procedure

It may shock you to learn that surgeons execute the incorrect procedure on a patient around 20 times a week. These surgical errors could lead to unexpected medical expenses and further discomfort for patients. An experienced medical malpractice lawyer could help you obtain the compensation you deserve for your losses.

A successful malpractice law firm suit demands a strong claim that the physician is negligent. A claim of malpractice caused by a surgical mistake must prove that the defendant's actions differed from the standard of care that would have been offered by physicians with similar training in similar situations. This can be accomplished through expert testimony and a thorough examination of medical records.

During the discovery phase where your attorney will exchange documents with the defense team in order to be used in your case. These documents could include medical and surgical reports, lab reports and evidence of your injuries. Your lawyer will also speak with witnesses to gather evidence to support your case. During the interview with the witness, the attorney opposing you will inquire about your concerns under oath. This is called a deposition.

Wrong-site surgeries are a relatively rare and serious form of malpractice. This type of malpractice usually is caused by a doctor who fails to follow the recommendations of a surgeon or the medical history of a patient. In this case, it can be easy to prove that negligence occurred. It's not always simple to decide which surgeon should be held accountable.

Wrong Drugs

Drug-related errors can cause injury or worsen health conditions in more than a half million Americans every year. Doctors must exercise extreme care when prescribing medicines, to ensure that they are safe and appropriate for the patient. If a doctor's prescription is not in accordance with the medical standard of care and you suffer serious injury as consequence, it could be a case of malpractice.

Sometimes the error doesn't occur at the doctor's office but rather in the hospital. For instance the nurse could misread a prescription and administer the wrong dosage or medication. The pharmacy could also make an error by filling the incorrect prescription or filling the medication that contains harmful ingredients.

Medication errors are the most common kind of medical malpractice case that our firm takes care of. Our firm gets calls from clients who were prescribed the wrong medication by their medical professionals and have suffered severe injuries or even death. Our attorneys will determine where the error occurred in the chain of command and who's responsible for your injuries. We will help you determine the amount of your damages. This would include medical costs, lost wages and discomfort and pain caused by injuries sustained as a result of the error in your medication. The more severe your injuries, the greater your damages. You deserve adequate compensation. We can help you get the settlement you deserve.

Emergency Room Errors

Emergency rooms are high-stress and high-pressure environments that could be dangerous for patients. Doctors are pressured to treat as many patients as they can. They must also conduct tests quickly, communicate with themselves and write and read reports, all while providing quality patient care. However, these hectic environments can result in mistakes that could cause catastrophic harm.

ER errors can range from mistaken diagnosis of a patient, to premature discharge. The majority of ER errors result from the absence of medical history, a mistake in interpretation or test results, and a failure to consult with specialists. ER staff may also make mistakes when communicating with one another and with patients, such as failing to communicate a patient's allergies, adverse health conditions or giving incorrect directions.

In order to have grounds for a malpractice claim, the plaintiff has to first prove that the medical professional acted in violation of the standard of care. The standard of care is defined as the standard of care that a reasonable medical professional would provide in similar circumstances. The plaintiff must establish that the negligence was responsible for their injuries and damages. A successful plaintiff can seek damages for past and future medical bills, physical suffering and pain as well as loss of wages and earning capacity, funeral expenses and funeral costs when appropriate.