Malpractice Attorney: The Good, The Bad, And The Ugly | Oren McKean | 24-07-07 11:06 |
farmers branch malpractice attorney Litigation
Malpractice litigation can be a long, complicated process. It is essential for the patient or an legally appointed representative to show that the doctor did not fulfill the obligation of care owed to them and that an injury resulted. A variety of ideas have been proposed to change the legal rules governing malpractice claims and replace the jury system and trial with an alternative that would lower costs, speed settlements, eliminate excessively generous juries, and eliminate frivolous medical claims. Misdiagnosis The misdiagnosis of a patient is among the most common forms of medical malpractice. It occurs millions of times every year, with devastating consequences, such as unnecessary surgery, prolonged hospital stays, or ad hoc treatment. In some instances an error in diagnosis could result in death. To establish malpractice, the doctor must have breached his duty to the patient by not diagnosing an injury or illness correctly. In most instances, proving a doctor's inability to adhere to the standards of care requires an expert opinion, such as that of an expert in medical practice who has a vast knowledge of the type of illness at play in the case. The expert must also prove that the physician failed to properly include the disease in the list of differential diagnoses by using methods such as asking additional questions, making further observations or requesting additional tests as part of the diagnosis process. A plaintiff must also show that the injuries caused by a misdiagnosis are a direct result from the breach of duty. This typically involves proving actual damages such as past or future medical expenses, income loss in the form of pain and discomfort, shortened life span and other damages. The victim must also file a lawsuit within the limitations period that are typically two or three years after the injury was caused. The wrong procedure It's shocking to learn, but surgeons carry out the wrong procedure on a patient around 20 times per week. These surgical errors often result in patients being faced with unanticipated medical bills and pain and suffering. A medical cleveland malpractice attorney lawyer can help you get the compensation you deserve for your losses. A successful malpractice suit requires an enviable claim of negligence on the part of the doctor in question. A claim of negligence stemming from a surgical error must show that the defendant's course action deviated from the standards of care that would be provided by similarly trained doctors in similar circumstances. This can be accomplished through expert testimony and a thorough review of medical records. During the discovery process your attorney and defense team will share pertinent documents for use in your case. These documents could include medical and surgery reports, lab reports, and evidence of your injury. Your lawyer will speak with witnesses in order to gather information about your case. In the course of the interview with the witness, the opposing attorney will be able to ask you questions under an oath. This is referred to as a deposition. Wrong-site surgeries are a rare but very serious type of malpractice. This kind of malpractice typically involves an error by an individual doctor who does not follow the recommendations of a surgeon or the medical history of a patient. In this case it's possible to prove that negligence took place. It's not always straightforward to decide which surgeon should be held responsible. Wrong Drugs Every year, more than a million Americans are injured or have their health conditions worsened by drug errors. Doctors must exercise extreme caution when prescribing medications, to ensure they are appropriate and safe for the patient. If a doctor's prescription is not in accordance with the medical standard of care and you suffer a severe injury as the result, it could be considered to be malpractice. Sometimes, the error doesn't happen in the doctor's office or in the hospital. A nurse could misunderstand a prescribed medication and administer the incorrect dosage or medication. A pharmacy can also be negligent by filling out the wrong prescription or using harmful ingredients. Medication errors are the most prevalent type of medical malpractice claim that our firm takes care of. We receive calls from clients who's doctors prescribed the incorrect medication, causing them to suffer serious injuries or even death. Our attorneys will work to identify the place where the error occurred in the chain of command, and who is responsible for your injuries. We will help you determine the value of your losses. This includes medical costs, lost wages and discomfort and pain that result from injuries sustained as a result of the error in your medication. The more severe your injuries, the more the damages. You deserve adequate compensation. We can help you get the settlement you deserve. Emergency Room Errors Emergency rooms are high-stress and high-pressure environments that can be dangerous for patients. Doctors are usually under a lot of pressure to see as many patients as possible and are required to run tests quickly, communicate with each other, and read or write reports while delivering high-quality medical care to every patient. Unfortunately, these busy environments result in mistakes that could result in catastrophic consequences. ER errors include everything from mistaken diagnosis of a patient, to premature discharge. The most common causes of ER errors include an inadequate medical history, misinterpretation of test results and Vimeo a failure to consult specialists. ER staff can also make mistakes in communicating with one another or with the patient, such as not mentioning the patient's allergies, or any other health conditions or giving incorrect instructions to nurses. In order to have grounds for a malpractice lawsuit, the plaintiff must first establish that the medical professional violated the standard of care. The standard of care is defined as the level of care that a reasonable medical professional would have provided in similar circumstances. The plaintiff must demonstrate that negligence was the cause for their injury and damages. A successful plaintiff will be able to recover compensation for past or future medical bills as well as pain and suffering, lost earnings and earning potential, and funeral expenses, depending on the circumstances. |
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