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Malpractice Litigation

Malpractice litigation is often an extended and complex process. It is necessary for the patient or an legally appointed representative to show that the physician breached the duty of care that was owed to them and that a repercussion resulted.

A variety of ideas have been proposed to change legal rules governing malpractice claims. The idea is to replace the trial and jury system with a new system that would lower costs, speed settlements, end overly generous juries and filter out frivolous medical claims.

Undiagnosed

Medical malpractice is usually caused by mistaken diagnosis. It happens thousands of times each year and can have devastating consequences, like a need for unnecessary surgery, long hospital stays, and unnecessary treatment. A misdiagnosis could result in death in some cases involving severe injuries or illness.

To prove malpractice, the doctor must have violated his obligation to the patient by not diagnosing an injury or illness correctly. In the majority of cases, the inability of the doctor to perform the required care is proven by an expert opinion. This can be a medical professional who has extensive knowledge of the type of illness that is being investigated. The expert must also prove that the physician did not properly include the disease in his or her list of differential diagnosis using methods such as asking additional questions, conducting further examinations or ordering additional tests as part of the diagnostic process.

A plaintiff must also show that the injuries caused by an incorrect diagnosis result of the breach of duty. This typically involves proving actual damages like past or future medical expenses, lost income as well as pain and discomfort, reduced life span and other expenses. The plaintiff must also file the lawsuit within the statute of limitations, which are usually two or three years after the injury occurred.

Incorrect Procedure

It can be shocking to learn that surgeons are performing the wrong procedure on a patient around 20 times a week. These errors in surgery can lead to unanticipated medical costs as well as additional pain for patients. A medical malpractice lawyer can help you receive the compensation you are entitled to for your losses.

A successful malpractice attorney lawsuit requires a convincing argument that the doctor was negligent. A claim of malpractice stemming from a surgical error must demonstrate that the defendant's actions diverged from the standard of care that would have been provided by doctors who have similar training in similar situations. This can be accomplished through expert testimony and a thorough examination of medical documents.

During the discovery process your attorney and defense team will exchange pertinent documents for use in your case. These documents could include medical and surgical records, lab reports and other evidence of your injuries. The lawyer will interview witnesses in order to gather information on your case. During the witness interview, you will be asked questions under oath by the opposing counsel. This is known as a deposition.

Surgery performed on the wrong site is a rare, but serious type of malpractice. This type of malpractice is usually caused by a doctor's failure to follow the surgical advice records or the patient's medical record. In this scenario, it is easy to establish negligence. However, determining which surgeon should be held responsible is not always straightforward.

Wrong Drugs

Drug errors can lead to injuries or worsening health issues in over a half a million Americans every year. Doctors must use extreme care when prescribing drugs to ensure that they are appropriate and safe for the patient. If you sustain serious injuries because of a doctor's deviation from the norm of medical treatment this could be considered malpractice.

Sometimes, the error may not occur at the doctor's office however, but instead at the hospital. A nurse could misunderstand the prescription for a medication and then administer the incorrect dosage or medication. A pharmacy may also make a mistake when filling a prescription with the wrong medication or one with harmful ingredients.

Our firm is able to handle the most common medical malpractice cases. We receive calls from clients who's doctors prescribed them the wrong medication, malpractice litigation which caused them to suffer severe injuries, and even death. Our lawyers will determine the source of the error in the chain of command and who is responsible for your injuries. We will then assist you to determine the value of your damages. This would include any medical expenses, lost wages, and suffering and pain that results from the injuries you sustained because of the medication error. The more severe your injuries, then the more you'll be liable. You deserve adequate compensation. We can assist you in getting the compensation you deserve.

Emergency Room Errors

Emergency rooms are high-stress, high-pressure environments that pose a risk to patients. Doctors are pressured to treat as many patients as they can. They must also conduct tests quickly, communicate among themselves and write and read reports and provide high-quality patient treatment. These hectic environments could lead to errors with disastrous consequences.

ER errors can include anything from misdiagnosis and premature discharge of the patient. The most frequent causes of ER errors are a lack of medical history or misinterpretation of test results and a failure to speak with specialists. ER staff may make errors in communicating with one another or with the patient, for example, not communicating the patient's allergies or health conditions or giving incorrect instructions to nurses.

To be able to bring a lawsuit based on malpractice, 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 training and experience would have given in similar circumstances. The plaintiff has to prove that negligence led to their injury and subsequent damages. A successful plaintiff can recover compensation for past and future medical bills, physical pain and suffering in addition to loss of wages, earning capacity as well as funeral expenses where applicable.