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Malpractice Litigation

Malpractice litigation can be an extended and complex process. It requires the patient, or a legally authorized representative, to show that the physician had a duty to care, and that the physician breached that duty and that the injury resulted.

There were a variety of proposals made to change the legal rules governing medical malpractice case. The trial and jury system was replaced by an alternative that would cut costs, speed up settlements, eliminate excessively generous juries, and screen out frivolous claims.

Misdiagnosis

Medical malpractice attorney is often caused by mistakes in diagnosis. It occurs millions of times each year and can lead to devastating consequences, like a need for unnecessary surgery or long hospital stays and unnecessarily aggressive treatment. In some instances the wrong diagnosis can result in death.

To prove malpractice, it must be demonstrated that the doctor was bound by the patient a duty and violated this obligation by failing to identify the condition or injury correctly. In most cases, the failure of the physician to perform the required care is demonstrated by an expert's opinion. This can be an expert medical professional who has extensive knowledge of the type of illness being examined. The expert must also show that the doctor Malpractice litigation failed to properly add the condition to his or her list of differential diagnoses using methods such as asking more questions, making additional observations or requesting further tests as part of the diagnostic process.

A plaintiff must also demonstrate that the injuries resulting from a misdiagnosis are a direct result of the breach of duty. This typically involves proving real damages such as past or future medical expenses, lost income, pain and discomfort, reduced life span and other expenses. The plaintiff must also file the lawsuit within the time limit of the statute of limitations that are typically two or three years after the incident was incurred.

Wrong Procedure

It could be a shock to learn that surgeons carry out the incorrect procedure on a patient about 20 times a week. These surgical mistakes often result in patients being faced with unexpected medical expenses as well as pain and suffering. A skilled medical malpractice lawyer could help you pursue the compensation you deserve for your losses.

A successful malpractice lawsuit requires a strong claim of negligence on the part of the doctor in the dispute. A claim of malpractice based on a surgery error must prove that the defendant's actions differed from the usual care that would have been offered by a physician with the same training in similar situations. This can be demonstrated through expert testimony and a thorough examination of medical records.

During the discovery phase where your attorney will exchange files with the defense team in order to be used in your case. These documents could include medical and surgical reports, lab reports and the documentation of your injuries. Your lawyer will interview witnesses in order to gather information regarding your case. During the interview with a witness, the attorney opposing you will be able to ask you questions under the oath. This is called a deposition.

Surgery that is performed at the wrong site is a relatively rare, but serious form of malpractice. This kind of malpractice typically is the result of an individual doctor who does not adhere to the surgical recommendations or the medical history of a patient. In this scenario it's possible to prove that negligence occurred. However, determining which surgeon should be held responsible is not always straightforward.

Wrong Drugs

Every year over one million Americans are injured or have their health conditions worsened by drug errors. Doctors must exercise extreme care when prescribing drugs to ensure they are appropriate and safe for the patient. If a doctor's prescription is not in accordance with the medical standard of treatment and you suffer an injury as result, it could be malpractice claim.

Sometimes an error isn't made at the physician's office but rather in the hospital. A nurse could misunderstand the prescription and give the wrong dose or medication. The pharmacy could also be negligent by filling out the wrong prescription or one with harmful ingredients.

Our firm specializes in the most common medical malpractice claims. We receive calls from clients who have been prescribed the wrong medicine by their physicians, resulting in severe injuries or even death. Our lawyers will determine the source of the error in the chain of command and who's accountable for your injuries. We will help you determine the value of your damages. This would include medical expenses, lost wages, and discomfort and pain that result from injuries you sustained due to the mistake in your medication. The more serious your injuries, the more damages you will incur. You deserve adequate compensation. We can help you get the compensation you deserve.

Emergency Room Errors

Emergency rooms can be stressful and high-pressure environments. This could be hazardous for the patients. Doctors are under pressure to care for as many patients as they can. They also must conduct tests quickly, interact with themselves and write and read reports and provide high-quality patient care. Unfortunately, these busy environments lead to mistakes that can cause catastrophic harm.

ER errors can include anything from misdiagnosis and premature discharge of patients. Most ER errors are caused by the absence of medical history, mistake in interpretation or test results, and a failure to consult with specialists. ER staff may also make mistakes in communicating with one another or with the patient such as not communicating a patient's allergies or adverse health conditions, or not giving the correct instructions to nurses.

To have grounds for a malpractice lawsuit the plaintiff has to demonstrate that the medical professional infringed on the standard of care. The standard of care is defined as the degree of care a reasonable medical professional would provide in similar circumstances. The plaintiff must prove that the negligence is responsible for their injuries and damages. A successful plaintiff can recover compensation for past or future medical bills, pain and suffering, lost earnings and earning potential and funeral expenses, if applicable.