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Malpractice Litigation

Malpractice litigation can be a lengthy and complex process. It requires the patient or a legally appointed representative, to show that the physician had a duty to care, and that the physician violated the duty and harm resulted.

Many proposals have been put forward to change legal rules governing malpractice claims. These proposals would replace the jury and trial system with an alternative that would reduce costs, expedite settlements, eliminate excessively generous juries, and eliminate frivolous medical claims.

The wrong diagnosis

Misdiagnosis is one of the most common types of medical malpractice. It happens millions of times every year, and can have devastating consequences, including unneeded surgeries, long hospitalizations, or invasive treatment. In some cases an error in diagnosis could result in death.

To prove that there was a malpractice to prove malpractice, it must be proved that the doctor owed the patient a duty and breached that obligation by failing to identify the injury or illness correctly. In most cases, proving the doctor's failure to live up to the standards of care requires an expert opinion, such as an expert medical professional with a deep understanding of the kind of illness that is involved in the case. The expert must also demonstrate that the doctor did not add the disease to their differential diagnosis list by asking additional questions, making more observations, or ordering further tests as part of the diagnosing process.

A plaintiff must also prove that the injuries resulting from the misdiagnosis result of the breach of duty. This usually means proving actual damages such as past or future medical expenses, loss of income, pain and discomfort, diminished life span, and other losses. Finally, the victim must bring the lawsuit within the statute of limitations which is usually two or three years after the date of the injury.

The wrong procedure

It may be shocking to learn that surgeons carry out the wrong procedure on a patient around 20 times per week. These errors in surgery could result in unexpected medical expenses and further discomfort for patients. A medical malpractice law lawyer can help you receive the compensation you're due for your losses.

A successful malpractice lawsuit requires a strong case that proves the doctor is negligent. A claim of negligence that stems from an error in surgery needs to prove that the defendant's course of actions was not in accordance with the standard of care that is expected to be offered by similarly trained doctors in similar circumstances. This can be done through expert testimony and a thorough examination of medical records.

During the discovery process, Malpractice Litigation your attorney and the defense team will exchange relevant documents to be used in your case. These documents may include medical and surgical records, lab reports and documents of your injuries. Your lawyer will interview witnesses to gather information about your case. During the interview with a witness you will be asked questions under oath by opposing counsel. This is known as a deposition.

Surgery performed on the wrong site is a rare but very serious type of malpractice. This type of malpractice is usually triggered by a doctor's failure to follow the surgical recommendation records or the medical records of the patient. In this situation it is simple to prove negligence. However, determining who should be held responsible is not always easy.

Wrong Drugs

Every year, more than one million Americans are injured or have their health issues worsened because of drug errors. Doctors must exercise extreme care when prescribing medications to ensure that they are safe and appropriate for the patient. If a doctor's decision isn't in line with the medical standard of care and you suffer severe injury as result, it could be considered to be malpractice lawyers.

Sometimes, the error does not occur in the doctor's office, but rather at the hospital. For example a nurse may misread a prescription and administer the wrong medication or dosage. A pharmacy might also commit an error by filling the incorrect medication or a drug that contains harmful ingredients.

Our firm specializes in the most common medical malpractice claims. We receive calls from clients who were given the wrong medication by their physicians that resulted in severe injuries or even death. Our lawyers will determine who is responsible for the injury and pinpoint where the error occurred within the chain of command. We will assist you in determining the amount of your damages. This could include medical expenses, lost wages and discomfort and pain resulting 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 in obtaining the compensation you need.

Emergency Room Errors

Emergency rooms are often high-stress and high-pressure environments. This can be a risk for patients. Doctors are under pressure to care for as many patients as they can. They also have to conduct tests quickly, interact with themselves and write and read reports, all while providing quality patient treatment. Unfortunately, these busy environments create mistakes that could result in catastrophic consequences.

ER errors can range from misdiagnosis, to premature discharge of the patient. The most frequent causes of ER mistakes are an insufficient medical history or misinterpretation of test results and a failure to speak with specialists. ER staff could make errors when communicating between themselves and patients, such as not communicating a patient's allergies, health problems or adverse reactions, or giving incorrect instructions.

In order to have grounds to bring a malpractice suit, the plaintiff must first demonstrate that the medical professional violated the standard of care. The standard of care is defined as the level of care a reasonable medical professional could have provided in similar circumstances. The plaintiff must then show that their negligence caused them injury and damages. A successful plaintiff will be able to recover compensation for future or past medical bills as well as pain and suffering, lost wages and earning potential, Malpractice Litigation and funeral expenses, when applicable.