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Malpractice Litigation

Malpractice litigation is often a lengthy and complex procedure. It requires the patient, or a legally-appointed representative, to show that the physician was obligated to them under a duty of care, that the doctor violated the duty and injury resulted.

Many proposals have been put forward to change the legal rules governing malpractice claims. These proposals would replace the trial and jury system by a different system that will lower costs, speed settlements, eliminate overly generous juries, and eliminate unsubstantial medical claims.

Incorrect diagnosis

Misdiagnosis is among the most common types of medical negligence. It happens millions of times every year, resulting in devastating consequences, malpractice litigation including unnecessary surgery, prolonged hospitalizations, or invasive treatment. An incorrect diagnosis could result in death in certain cases of severe illness or injury.

To prove that there was a malpractice, the doctor must have breached his obligation to the patient by not diagnosing an injury or illness in a timely manner. In most instances, proving the doctor's failure to live up to the standard of care requires a specialized opinion, for instance, from an expert in medicine who is knowledgeable about the type of illness involved in the case. The expert must also show that the doctor didn't add the disease to their differential diagnosis list by asking additional questions, conducting more examinations or requesting further tests in the diagnosis process.

A plaintiff also has to prove that the injuries caused by the misdiagnosis result of the breach of duty. This usually means proving actual damages like past or future medical expenses, lost income in the form of pain and discomfort, shortened life span and other damages. The plaintiff must also file the lawsuit within the limitations period which typically are two or three years after the damage was caused.

Incorrect Procedure

It may be shocking to learn, but surgeons perform the wrong procedure on a patient approximately 20 times per week. These surgical errors could lead to unexpected medical expenses and further suffering for malpractice litigation patients. A skilled medical malpractice lawyer can help you pursue the compensation you deserve for your losses.

A successful malpractice lawyer lawsuit requires a strong case that proves the physician is negligent. A claim of negligence stemming from an error in surgery must prove that the defendant's course action deviated from the standards of care that would be offered by similarly trained doctors in similar circumstances. This can be demonstrated through expert testimony and a thorough review of medical documents.

During the discovery process your attorney and defense team will exchange relevant files for use in your case. These documents can include medical and surgical records, lab reports, and the documentation of your injuries. Your lawyer will question witnesses to gather information on your case. During the interview, you will be questioned under oath, by the opposing counsel. This is known as a deposition.

Wrong-site surgeries are a relatively rare yet serious form of malpractice. This type of malpractice usually results from an error made by a physician who fails to follow the surgical recommendation or a patient's medical history. In this case it's easy to prove that negligence occurred. It's not always straightforward to decide who is accountable.

Wrong Drugs

Drug-related errors can cause injuries or worsening health conditions in over a half a million Americans each year. Doctors must use extreme care when prescribing medications, to ensure they are appropriate and safe for the patient. If the doctor's actions are not in line with the medical standard of care and you suffer serious injury as the result, it could be considered malpractice.

Sometimes, the error doesn't happen at the physician's office but in the hospital. A nurse might misunderstand an order for medication and prescribe the wrong dosage or medication. A pharmacy might also commit an error in filling the wrong prescription or filling a medicine with harmful ingredients.

Medication errors are the most prevalent kind of medical malpractice case which our firm handles. We receive calls from clients who's doctors prescribed the wrong medication, leading them to suffer severe injuries or even death. Our lawyers will determine who is responsible for the accident and where the error occurred in the chain of command. We will then assist you to determine the value of your damages, which would include any medical costs or lost wages as well as suffering and pain that results from the injuries you suffered because of the medication error. The more severe your injuries, the greater the damages. You deserve adequate compensation. We can help you receive the settlement you deserve.

Emergency Room Errors

Emergency rooms are high-stress, high-pressure settings which can be hazardous for patients. Doctors are often under 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 providing top-quality medical care to every patient. These busy environments could lead to errors with devastating consequences.

ER errors can include anything from misdiagnosis to premature discharge of a patient. Most ER errors are caused by an absence of medical history, a misinterpretation of test results or interpretation and a failure consult with specialists. ER staff may also make mistakes when communicating between themselves and patients, such as not communicating a patient's allergies, health problems or adverse reactions or giving incorrect directions.

In order to be able for an action for malpractice law the plaintiff first needs to establish that the medical professional did not follow standard care. The standard of care is defined as the degree of care that a reasonable medical professional could have provided under similar circumstances. The plaintiff is then required to show that this negligence caused their injury and the resulting damages. A successful plaintiff may recover compensation for past and future medical bills, physical suffering and pain, loss of wages and earning capacity as well as funeral expenses where appropriate.