Malpractice Litigation

Malpractice litigation can be a long and complicated process. It is required for the patient or a legally appointed representative to prove that the doctor violated the duty of care owed to them and that a repercussion resulted.

A variety of ideas were proposed to change the legal guidelines governing medical malpractice. The trial and jury system was replaced by an alternative that would cut costs and speed settlements, eliminate excessively generous juries and weed out fraudulent claims.

Incorrect diagnosis

Medical malpractice is often caused by misdiagnosis. It occurs countless times every year, and can have devastating consequences, such as unnecessary surgical procedures, prolonged hospital stays, or aggressive treatment. In some cases an error in diagnosis could result in death.

In order to prove malpractice, a doctor must have breached his obligation to the patient by failing to diagnose an injury or illness correctly. In the majority of cases, inability of the doctor to provide the required care is demonstrated by an expert's opinion. This can be a medical professional who has extensive knowledge of the type of illness in question. The expert must also demonstrate that the doctor did not add the illness to their differential diagnosis list by asking more questions, conducting more examinations or requesting further tests as part of the diagnosis procedure.

A plaintiff also has to prove that the injuries caused by an error in diagnosis are a direct result of the breach of duty. This typically involves proving actual damages, such as past or future medical expenses, lost income in the form of pain and discomfort, shortened life span, and other losses. The victim must also file the lawsuit within the statutes of limitations which usually are two or three years after the harm was incurred.

Unskillful Procedure

It's not a pleasant thing to hear that surgeons are performing the wrong procedure on a patient around 20 times per week. These mistakes in surgery often leave patients with unanticipated medical costs and suffering and pain. An experienced medical malpractice lawyer can assist you in obtaining the compensation you're entitled to for your losses.

A successful malpractice lawsuit requires a strong argument that the physician is negligent. A claim of negligence that stems from an error in surgery must prove that the defendant's actions was not in accordance with the standards of care that would be provided by similarly trained physicians in similar circumstances. This can be accomplished through expert testimony and a thorough examination of medical records.

During the discovery process your attorney and malpractice lawyer defense team will exchange pertinent documents for use in your case. These documents can include medical and surgical records, lab reports and documentation of your injuries. Your lawyer will speak with witnesses in order to collect information about your case. When you meet with the witness, the attorney opposing you will ask you questions under swearing. This is referred to as a deposition.

Wrong-site surgeries are a relatively rare and serious form of malpractice. This type of negligence is usually caused by a physician's failure to adhere to the surgical recommendations or the medical records of the patient. In this scenario it is simple to prove negligence. However, determining who should be held responsible isn't always easy.

Wrong Drugs

Drug-related errors can cause injury or worsen health conditions in more than a half million Americans every year. Doctors must exercise extreme caution when prescribing medication to ensure that they are safe and appropriate for the patient. If the doctor's actions are not in line with the medical standard of care and you suffer serious injury as consequence, it could be a case of 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 make a mistake by filling out the wrong prescription or one with harmful ingredients.

Medication errors are the most popular kind of medical malpractice case which our firm handles. Our firm receives calls from clients who have been given the wrong medication by their doctor which resulted in serious injuries or even death. Our attorneys will determine who was responsible for the injury and pinpoint where the error occurred in the chain of commands. We will then assist you to assign a value to your damages, which could include medical expenses as well as lost wages and the pain and suffering that resulted from the injuries you suffered as a result of the medication error. The more serious 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 high-stress and high-pressure environments that pose a risk to patients. Doctors are under pressure to take care of as many patients as they can. They must also run tests quickly, communicate with themselves and write and read reports while also providing high-quality patient treatment. This pressure could lead to errors with devastating consequences.

ER errors can range from misdiagnosis of a patient to premature discharge. Most ER errors result from an absence of medical history, a misinterpretation of test results or interpretation or a failure to consult with specialists. ER staff can make errors in communicating with one another or with the patient like not letting the patient's allergies, or any other health conditions or giving incorrect instructions to nurses.

To be able to establish grounds for a malpractice lawsuit, the plaintiff must first prove that the medical professional acted in violation of the standard of care. The standard of care is defined as the standard of care that a reasonable medical professional would have provided under similar circumstances. The plaintiff must show that negligence was the cause for their injury and damages. A successful plaintiff can recover compensation for past or future medical bills including pain and suffering lost earnings and malpractice lawyer earning potential and funeral expenses, in the event that they are applicable.