Malpractice Litigation

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

Many proposals have been put forward to change the legal rules governing malpractice law firm claims. The idea is to replace the jury and trial system by a different system that will lower costs, speed settlements, vimeo eliminate overly large juries and screen out fraudulent medical claims.

Misdiagnosis

Misdiagnosis is among the most common types of medical malpractice. It occurs countless times each year, with devastating consequences, including unneeded surgical procedures, prolonged hospital stays, vimeo or ad hoc treatment. A misdiagnosis could cause death, as there are instances of severe injuries or illness.

In order to prove malpractice, a doctor must have breached his duty to the patient by not diagnosing an illness or injury correctly. In the majority of cases, failure of the physician to meet the standard of care is proven by an expert opinion. This can be an expert medical professional who has extensive knowledge of the type of disease in question. The expert must also prove that the doctor failed to sufficiently add the illness to his or her list of differential diagnoses by using methods like asking further questions, making further observations or requesting further tests to aid in the diagnostic procedure.

A plaintiff must also prove that the injuries caused by the mistake were the direct result of the breach of duty. This usually involves proving actual damages such as past or future medical expenses, loss of income in the form of pain and discomfort, reduced 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 harm occurred.

Incorrect Procedure

It might be shocking to learn that surgeons perform the incorrect procedure on a patient around 20 times per week. These mistakes can lead to unanticipated medical costs as well as additional discomfort for Vimeo patients. A skilled medical malpractice lawyer can help you obtain the compensation you deserve for your losses.

A successful malpractice lawsuit demands a convincing case of negligence on the part of the doctor in the matter. A claim of negligence that stems from a surgical error must show that the defendant's course of actions was not in accordance with the standards of care that would be offered by similarly trained doctors in similar situations. This can be demonstrated through expert testimony and a thorough examination of medical records.

During the discovery phase during the discovery phase, your attorney will share documents with the defense team in order to be used in your case. These documents could include medical and surgical records, lab reports, and evidence of your injury. Your lawyer will also interview witnesses to gather evidence for your case. During the interview with the witness, the opposing attorney will ask you questions under oath. This is referred to as a deposition.

Surgery performed on the wrong site is a rare but very serious type of malpractice. This type of malpractice usually involves an error by the doctor who fails to adhere to the surgical recommendations or the medical history of a patient. In this instance it's possible to demonstrate that negligence was the cause. It is not always easy to determine the surgeon who should be held accountable.

Wrong Drugs

Drug errors can cause injuries or worsening health issues in more than half a million Americans every year. Doctors must use extreme care when prescribing medicines, to ensure they are appropriate and safe for the patient. If the doctor's actions are not in line with the medical standard of care and you suffer a severe injury as the result, it could be considered malpractice.

Sometimes an error isn't made at the doctor's office but in the hospital. A nurse might misunderstand a prescribed medication and administer the incorrect dosage or medication. A pharmacy might also commit an error by filling in the incorrect medication or a drug that contains harmful ingredients.

Our firm specializes in the most frequent medical malpractice cases. We get calls from clients who's doctors prescribed them the incorrect medication, causing them to suffer serious injuries, or even death. Our attorneys will determine who is responsible for the injuries and determine where the error occurred in the chain of command. We will help you determine the value of your damages. This could include medical expenses, lost wages, discomfort and pain that result from injuries you sustained due to the error in medication. The more severe your injuries, the greater the damages. You deserve adequate compensation. We can help you receive the settlement you deserve.

Emergency Room Errors

Emergency rooms are often high-stress and high-pressure environments. This can be risky for the patients. Doctors are usually under pressure to treat as many patients as they can and are required to run tests quickly and also communicate with each other and write or read reports while providing top-quality treatment to each patient. These hectic environments can result in mistakes that have catastrophic consequences.

ER errors can range from misdiagnosis, to premature discharge of a patient. Most ER errors are caused by an absence of medical history, mistake in interpretation or test results or a failure to consult specialists. ER staff may also make mistakes in communicating with each other and with patients, for example, not communicating allergies, health problems or adverse reactions or giving incorrect instructions.

In order to be able to bring a case for a malpractice lawsuit the plaintiff must first prove that the medical professional violated the standard of care. The standard of care refers to the level of care that a reasonable medical professional with the same education and experience would have given in similar circumstances. The plaintiff must prove that negligence was the reason for their injury and damages. A successful plaintiff can recover compensation for past or future medical bills, pain and suffering, lost wages and earning potential and funeral costs, when applicable.