Malpractice Litigation

Malpractice litigation can be a lengthy and complicated process. It requires the patient, or a legally appointed representative, to prove that the physician had a duty to care, that the doctor violated that duty, and that injury resulted.

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

Misdiagnosis

Medical malpractice is often caused by misdiagnosis. It occurs countless times every year, and can have devastating results, including unnecessary surgical procedures, prolonged hospital stays, or ad hoc treatment. A mistake in diagnosis can result in death, in some cases that involve serious illness or injury.

To prove malpractice, it must be demonstrated that the doctor was bound by a duty to the patient and breached this duty by failing to diagnose the injury or illness properly. Most of the time, the failure of the doctor to meet the standard of care is demonstrated by an expert opinion. This can be a medical professional who has extensive knowledge of the type of disease in question. The expert must also demonstrate that the doctor didn't add the disease to their list of differential diagnoses by asking more questions, observing more or ordering additional tests as part of the diagnosis process.

A plaintiff must also show that the injuries caused by the incorrect diagnosis resulted directly from the breach of duty. This usually involves proving actual damages such as past or future medical expenses, lost income, pain and discomfort, shorter life spans, and other expenses. The plaintiff must also file the lawsuit within the statutes of limitations, which are usually two or three years after the harm occurred.

The wrong procedure

It may be shocking to learn that surgeons are performing the wrong procedure on a patient around 20 times a week. These surgical errors often cause patients to be faced with unanticipated medical costs and suffering and pain. An experienced medical malpractice lawyer can assist you in obtaining the reimbursement you require for your losses.

A successful malpractice case requires a strong claim that the physician is negligent. A claim of negligence due to a surgical error must show that the defendant's action deviated from the standard of care that would be provided by similarly trained doctors in similar circumstances. This can be demonstrated through expert testimony and a thorough review of medical documents.

During the discovery phase, your attorney will exchange documents with the defense team in order to be used in your case. These documents may comprise medical and surgical reports, lab reports, and other evidence of your injuries. Your lawyer will also interview witnesses to gather information to support your case. In the course of the interview with the witness, the opposing attorney will be able to ask you questions under swearing. This is called a deposition.

The wrong-site procedure is a very rare but serious form of malpractice. This kind of negligence is usually caused by a doctor's failure to follow the surgical advice records or the patient's medical record. In this case it is simple to demonstrate the negligence. However, determining who should be held responsible is not always simple.

Wrong Drugs

Every year over a million Americans are injured or have their health issues worsened by errors in prescription drugs. Doctors must exercise extreme caution when prescribing medications, to ensure that they are appropriate and safe for the patient. If you suffer serious injuries due to the doctor's deviation from standard medical procedure there could be negligence.

Sometimes, the error may not occur in the doctor's office however, but instead at the hospital. A nurse may misread the prescription for a medication and then administer the wrong dose or medication. A pharmacy can also make a mistake by filling the incorrect medication or a medicine with harmful ingredients.

Medication mistakes are the most frequent type of medical malpractice claim that our firm takes care of. We get calls from clients who's doctors prescribed the wrong medication, leading them to suffer serious injuries or even death. Our lawyers will determine where the error occurred within the chain of command, and who is accountable for your injuries. We will assist you in determining the value of your damages. This includes medical expenses, lost wages, discomfort and pain that result from injuries you suffered due to the error in your medication. The more severe your injuries, the greater your damages. You deserve adequate compensation. We can assist you to get the settlement you deserve.

Emergency Room Errors

Emergency rooms are often high-stress and high-pressure environments. This can be risky for patients. Doctors are under pressure to take care of as many patients as they can. They also have to conduct tests quickly, communicate with themselves, and read and write reports while providing top-quality patient care. This pressure could lead to errors with devastating consequences.

ER errors can range from mistakes in diagnosis to premature discharge. Most ER errors are caused by a lack of medical history, mistake in interpretation or test results or a failure to consult specialists. ER staff may be unable to communicate with each other and patients, for example, not communicating health issues, allergies or other medical conditions, or giving incorrect instructions.

To be able to file a lawsuit for malpractice lawsuit, the plaintiff first has to establish that the medical professional did not follow standard of care. The standard of care is the amount of care that an honest medical professional with the same education and experience would provide in similar circumstances. The plaintiff has to prove that their negligence caused them injury and the resulting damages. A successful plaintiff may recover damages for past and future medical bills, physical pain and suffering loss of earnings, earning capacity and funeral expenses where applicable.