Malpractice Litigation

Malpractice litigation can be a long and complicated process. It is necessary for the patient or a legally appointed representative to show that the doctor violated the duty of care owed them, and that an injury resulted.

There have been a variety of proposals to change legal rules governing malpractice claims. These proposals would replace the jury system and trial by a different system that will reduce costs, speed settlements, reduce excessively generous juries and screen out unsubstantial medical claims.

Undiagnosed

Medical malpractice is usually caused by misdiagnosis. It happens a lot each year and can have devastating effects, including the need for unnecessary surgery, long hospital stays, and unnecessarily aggressive treatment. In some cases the wrong diagnosis can result in death.

In order to prove malpractice, a doctor must have violated his duty to the patient by not diagnosing an injury or illness in a timely manner. In the majority of instances, proving the doctor's failure to live up to the standards of care requires a specialized opinion, for instance, from an expert in medical practice who is knowledgeable about the kind of illness that is involved in the case. The expert must also demonstrate that the doctor did not sufficiently add the illness to the list of differential diagnosis by using methods such as asking additional questions, observing further or requesting further tests as part of the diagnostic procedure.

A plaintiff must also demonstrate that the injuries caused by a misdiagnosis are a direct result of the breach of duty. This typically involves proving actual damages, such as past and future medical expenses loss of income, suffering and pain, shortened life expectancy, and other damages. The victim must also file a lawsuit within the time limit of the statute of limitations, which are usually two or three years after the incident occurred.

Incorrect Procedure

It's shocking to learn that surgeons are performing the wrong procedure on a patient around 20 times a week. These mistakes in surgery often result in patients suffering unexpected medical expenses as well as pain and suffering. A skilled medical malpractice lawyer could help you obtain the compensation you're entitled to for your losses.

A successful malpractice lawsuit requires a strong argument that the doctor is negligent. A claim of malpractice stemming from a surgical mistake must prove that the defendant's actions deviated from the usual care that would have been offered by doctors who have similar training in similar situations. This can be achieved through expert testimony and an extensive review of medical documents.

During the discovery phase, your attorney will exchange files with the defense team that will be used in your case. These documents can include medical and surgical reports, lab reports and the documentation of your injuries. Your lawyer will also interview witnesses to gather information for your case. During the witness interview, you will be asked questions under oath by opposing counsel. This is called a deposition.

Surgery performed on the wrong site is a rare, but serious form of malpractice. This type of malpractice usually is caused by the doctor who fails to follow surgical recommendation records or a patient's medical history. In this situation it is possible to establish that negligence occurred. It is not always easy to determine which surgeon should be held responsible.

Wrong Drugs

Drug-related errors can cause injuries or worsening health issues in more than a half a million Americans every year. Doctors should exercise extreme care when prescribing drugs, to ensure they are appropriate and safe for the patient. If you suffer serious injury due to a doctor's deviation from the standard medical treatment it could be a case of an act of malpractice.

Sometimes, the error doesn't occur in the doctor's offices and instead occurs at the hospital. For example nurses could misread a prescription and administer the wrong dosage or medication. A pharmacy may also make an error by filling in the wrong prescription or filling a medicine that contains harmful ingredients.

Medication errors are the most prevalent kind of medical malpractice claim which our firm handles. We get calls from clients whose doctors prescribed them the incorrect medication, causing them to suffer serious injuries or even death. Our lawyers will determine where the error occurred in the chain of command and determine who is responsible for your injuries. We will then assist you to determine the value of your damages. This would include any medical costs as well as lost wages and suffering and pain that results from the injuries you suffered because of the error in your medication. The more severe your injuries, the more your damages. You deserve adequate compensation. We can help you get the settlement you deserve.

Emergency Room Errors

Emergency rooms are high-stress, high-pressure settings that can be dangerous for patients. Doctors are under pressure to take care of as many patients as they can. They also have to conduct tests quickly, communicate with themselves and write and malpractice lawyer read reports and provide high-quality patient care. However, these hectic environments can cause mistakes that could have catastrophic consequences.

ER errors include everything from misdiagnosis of a patient to premature discharge. The majority of ER errors result from the absence of a medical history, mistake in interpretation or test results or a failure to consult specialists. ER staff could be unable to communicate between themselves and patients, such as not communicating symptoms of allergies, health issues or other conditions, or giving incorrect instructions.

To be able to bring a lawsuit 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 standard of care a reasonable medical professional would provide under similar circumstances. The plaintiff is then required to show that negligence caused the injury and subsequent damages. A successful plaintiff could recover compensation for future and past medical bills as well as physical suffering in addition to loss of wages, malpractice lawyer earning capacity as well as funeral expenses when appropriate.