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Malpractice Litigation

Malpractice litigation is often a long and complex process. It is required for the patient or an legally appointed representative to show that the physician violated the duty of care owed to them, and that an injury resulted.

Various proposals have been made to modify the rules of law governing malpractice attorney claims and replace the trial and jury system with a system that could lower costs, speed settlements, end overly generous juries and filter out unnecessary medical claims.

Misdiagnosis

The misdiagnosis of a patient is among the most common types of medical negligence. It happens millions of times each year and can have devastating consequences, like the need for unnecessary surgery, long hospital stays, and excessively aggressive treatment. An incorrect diagnosis could lead to death, as in some cases that involve severe injury or illness.

To prove malpractice, the doctor must have breached his obligation to the patient by failing to diagnose an injury or illness correctly. In the majority of cases, failure of the physician to meet the standards of treatment is confirmed by an expert's opinion. This can be a medical professional who has extensive knowledge of the type of disease in question. The expert has to prove that the doctor didn't add the disease to their differential diagnosis list by asking further questions, making more observations or requesting further tests as part of the diagnosing procedure.

A plaintiff must also demonstrate that the injuries caused by the mistake resulted directly from the breach of duty. This usually involves proving actual damages like past or future medical expenses, income loss in the form of pain and discomfort, reduced life span and other expenses. Additionally, the plaintiff must bring the suit within the statute of limitations which typically is two or three years from when the damage occurred.

Incorrect Procedure

It may be shocking to learn that surgeons make the wrong decision on patients around 20 times per week. These surgical errors typically leave patients with unexpected medical expenses as well as pain and suffering. An experienced medical malpractice lawyer could help you pursue the compensation you're entitled to for your losses.

A successful malpractice suit requires a strong claim of negligence on the part of the physician in the matter. A claim of malpractice based on a surgery error must demonstrate that the defendant's actions differed from the standard care that would have been provided by doctors with similar training in similar situations. This can be accomplished by expert testimony and a thorough examination of medical records.

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

Surgery that is performed at the wrong site is a relatively rare, but serious form of malpractice. This type of malpractice is usually caused by a physician's failure to follow the surgical advice records or the patient's medical record. In such a situation it is simple to prove the negligence. It's not always straightforward to decide which surgeon is responsible.

Wrong Drugs

Drug errors can lead to harm or worsening of health conditions in over a half a million Americans every year. Doctors must exercise extreme caution when prescribing medications to ensure that they are safe and suitable for the patient. If you suffer serious injury because of a doctor's deviation from the standard medical procedure this could be considered an act of malpractice.

Sometimes, the error doesn't occur at the doctor's office however, but instead at the hospital. For example, a nurse might not have a proper understanding of a prescription and give the wrong dosage or medication. A pharmacy could also be negligent by filling in the wrong medication or a medication with harmful ingredients.

Our firm specializes in the most common medical malpractice claims. We get calls from clients who's doctor prescribed them the wrong medication, leading them to suffer serious injuries and even death. Our lawyers will identify the place where the error occurred in the chain of command and who's responsible for your injuries. We will help you determine the value of your damages. This would include medical expenses, lost wages, and discomfort and pain resulting from injuries that you sustained as a result of the error in your medication. The greater the severity of your injuries, the more you'll be liable. You deserve adequate compensation. We can help you receive the settlement you deserve.

Emergency Room Errors

Emergency rooms can be high-stress and high-pressure environments. This can be a risk for the patients. Doctors are pressured to treat 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. This can lead to mistakes with disastrous consequences.

ER errors can range from misdiagnosis, to premature discharge of a patient. The most frequent causes of ER errors include an inadequate medical history, misinterpretation of test results and a failure to consult specialists. ER staff can make errors 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 an action for malpractice the plaintiff must first to prove 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 reason for their injuries and damages. A successful plaintiff can seek compensation for future or past medical bills, pain and suffering, lost wages and earning potential and funeral expenses, when applicable.