Malpractice Litigation

Malpractice litigation is often a long and complicated process. It requires the patient, or a legally authorized representative, to show that the doctor was bound by a duty of care, that the physician did not fulfill that duty and injuries resulted.

There have been a variety of proposals to modify the rules of law governing malpractice claims. They propose to replace the jury system and trial by a different system that will reduce costs, speed settlements, end overly generous juries and filter out frivolous medical claims.

Incorrect diagnosis

Misdiagnosis is among the most frequent forms of medical malpractice. It happens a lot every year and can result in devastating consequences, including the need for unnecessary surgery, long hospital stays, and unnecessarily aggressive treatment. In some cases, a misdiagnosis may even result in death.

To prove that there was a malpractice it must be proven that the doctor owed a duty to the patient and breached that obligation by failing to identify the condition or injury correctly. In most instances, proving a doctor's failure to live up to the standard of care requires a specialized opinion, such as from an expert in medical practice with extensive knowledge about the specific illness that is at issue in the case. The expert must also demonstrate that the doctor did not add the condition to their differential diagnosis list by asking more questions, conducting more examinations, or ordering further tests in the diagnosis process.

A plaintiff must also show that the injuries resulting from the misdiagnosis were a direct result of the breach of duty. This usually involves proving real damages such as past or future medical expenses, income loss as well as pain and discomfort, shortened life span and other damages. The plaintiff must also file the lawsuit within the limitations period which usually are two or three years after the damage occurred.

Unskillful Procedure

It could be a shock to learn that surgeons carry out the wrong procedure on a patient around 20 times per week. These surgical mistakes can lead to unanticipated medical costs and additional suffering for patients. A medical malpractice lawyer can assist you in obtaining the compensation you're due for your losses.

A successful malpractice lawyers lawsuit requires a strong case that proves the physician is negligent. A claim of malpractice that is based on a surgical error must show that the defendant's actions were different from the standard care that would have been offered by a physician with the same training in similar situations. This can be done through expert testimony or a thorough analysis of medical records.

During the discovery phase in the discovery phase, your lawyer will exchange documents with the defense team so that they can be used in your case. These documents may include medical and surgical documents, lab reports, and the documentation of your injuries. Your lawyer will also interview witnesses to gather information to support your case. When you meet with the witness, the opposing attorney will be able to ask you questions under the oath. This is referred to as a deposition.

Wrong-site surgery is a rare but very serious form of malpractice. This kind of malpractice typically is caused by a physician who fails to adhere to the surgical recommendations or a patient's medical history. In this situation it is simple to prove the negligence. However, determining who should be held responsible is not always simple.

Wrong Drugs

Drug-related errors can cause harm or worsening of health conditions in more than a half a million Americans each year. Doctors must exercise extreme care when prescribing medicines to ensure that they are safe and appropriate for the patient. If the doctor deviates from the medical standard of care and you suffer severe injury as result, it could be considered malpractice.

Sometimes errors don't occur at the doctor's office but in the hospital. For instance nurses could miss-read a prescription and prescribe the wrong medication or dosage. The pharmacy could also make an error in filling the wrong medication or a medication with harmful ingredients.

Medication errors are the most popular kind of medical malpractice case that our firm deals with. Our firm receives calls from clients who have been given the wrong medication by their physicians that resulted in severe injuries or even death. Our attorneys will determine who was responsible for the accident and where the error occurred within the chain of command. We will help you determine the amount of your damages. This would include medical expenses, lost wages, and pain and discomfort resulting from injuries you suffered due to the error in medication. The more severe your injuries, the more the damages. You deserve adequate compensation. We can assist you in obtaining the settlement you require.

Emergency Room Errors

Emergency rooms are high-stress, high-pressure settings that could be dangerous for patients. Doctors are often under a lot of pressure to take on as many patients as they can and must run tests quickly and communicate with one another, and read or write reports while also providing high-quality care to each patient. Unfortunately, these busy environments result in mistakes that could result in catastrophic consequences.

ER errors can range from mistakes in diagnosis to premature discharge. The most common causes of ER errors include an inadequate medical history or misinterpretation of test results and a failure to consult specialists. ER staff may also make mistakes in communicating with each other and with patients, such as failing to inform patients of allergies, adverse health conditions, or giving incorrect instructions.

To be able to establish grounds for a malpractice lawsuit the plaintiff must first establish that the medical professional acted in violation of the standard of care. The standard of care is defined as the level of care that a reasonable medical professional could have provided in similar circumstances. The plaintiff must prove that the negligence is responsible for their injury and damages. A successful plaintiff could recover compensation for future and past medical bills, physical pain and suffering as well as loss of wages and earning capacity as well as funeral expenses when appropriate.