Malpractice Litigation

Malpractice litigation can be a lengthy, complicated process. It requires the patient or a legally-appointed representative, to prove that the physician had a duty to care, that the doctor violated that duty, and that injury resulted.

There have been a variety of proposals to modify the rules of law governing malpractice claims. They propose to replace the jury system and trial with a new system that would reduce costs, expedite settlements, reduce excessively generous juries and filter out unnecessary medical claims.

Incorrect diagnosis

Medical malpractice is usually caused by incorrect diagnosis. It occurs in a multitude of instances each year, with devastating results, including unnecessary surgery, firm lengthy hospital stays, or even aggressive treatment. A mistake in diagnosis can result in death there are instances of severe injury or illness.

To prove malpractice, it must be demonstrated that the doctor owed a duty to the patient and breached the obligation by failing to recognize the condition or injury correctly. In the majority of instances, proving that the doctor's failure to live up to the standards of care requires a specialized opinion, firm such as that of an expert in medicine who has a vast knowledge of the type of illness involved in the case. The expert has to prove that the doctor did not add the illness to their differential diagnosis list by asking further questions, making more observations, or ordering further tests in the diagnosis process.

A plaintiff also has to prove that the injuries resulting from the misdiagnosis result from the breach of duty. This usually involves proving actual damages like past or future medical expenses, income loss, pain and discomfort, diminished life span, and other expenses. In addition, the victim must bring the lawsuit within the time limit of the statute of limitations which is typically two or three years from the date of the injury.

Incorrect Procedure

It could be a shock to discover that surgeons perform the wrong procedure on a patient approximately 20 times per week. These surgical mistakes can lead to unanticipated medical expenses and more suffering for patients. An experienced medical malpractice lawyer could help you obtain the compensation you're entitled to for your losses.

A successful malpractice suit requires a convincing claim of negligence on the part of the physician in the case. A malpractice lawsuit claim caused by a surgical error must prove that the defendant's actions diverged from the standard of care that would have been offered by a physician with the same training in similar circumstances. This can be demonstrated through expert testimony as well as a thorough review of medical records.

During the discovery phase, your attorney will exchange files with the defense team so that they can be used in your case. The documents could comprise medical and surgical records, lab reports, and evidence of your injury. Your lawyer will question witnesses in order to gather information on your case. During the interview with the witness, the attorney opposing you will question you under oath. This is referred to as a deposition.

Wrong-site surgery is a rare, but serious form of malpractice. This type of negligence is usually caused by a doctor's failure to follow the surgical recommendation records or the patient's medical records. In this case it's easy to prove that negligence took place. However, determining who should be held responsible isn't always easy.

Wrong Drugs

Drug errors cause harm or worsening of health conditions in over a half a million Americans each year. Doctors must take extreme care when prescribing drugs to ensure that they are safe and suitable for the patient. If you suffer serious injury due to a doctor's deviations from the standard medical care, it could be malpractice.

Sometimes errors don't occur at the doctor's office but rather in the hospital. Nurses may misunderstand an order for medication and prescribe the incorrect dosage or medication. A pharmacy may also make an error by filling the wrong medication or a medication with harmful ingredients.

Medication errors are the most common kind of medical malpractice claim which our firm handles. Our firm gets calls from clients who were prescribed the wrong medication by their doctor and have suffered severe injuries or even death. Our attorneys will determine who is accountable for the injury and where the error occurred in the chain of commands. We will assist you in determining the value of your damages. This could include medical expenses, lost wages and discomfort and pain caused by injuries you suffered due to the medication mistake. The more severe your injuries, the more your damages. You deserve adequate compensation. We can assist you to get the settlement you deserve.

Emergency Room Errors

Emergency rooms can be stressful and high-pressure environments. This can be a risk for patients. Doctors are usually under pressure to see as many patients as they can and must conduct tests swiftly and be in constant communication with each other, and read or write reports while providing top-quality medical care to every patient. This could lead to errors with devastating consequences.

ER errors can include anything from misdiagnosis to premature discharge of patients. The most frequent causes of ER errors include an inadequate medical history and misinterpretation of test results and a failure to speak with specialists. ER staff may make errors in communicating with each other or with the patient such as not communicating the patient's allergies or other health conditions, or not giving the correct instructions to nurses.

To be able to file a lawsuit for malpractice the plaintiff has to demonstrate that the medical professional acted in violation of standard care. The standard of care is defined as the standard of care a reasonable medical professional would have offered in similar circumstances. The plaintiff must prove that the negligence was responsible for their injury and damages. A successful plaintiff can recover damages for past and future medical bills, physical pain and suffering, loss of wages and earning capacity as well as funeral expenses where applicable.