Malpractice Litigation

Malpractice litigation can be a long complex process. It requires the patient, or a legally authorized representative, to prove that the physician owed them a duty of care, and that the physician breached that duty and that injuries resulted.

Various proposals have been made to change the legal rules governing keller malpractice lawsuit claims. The idea is to replace the jury system and trial with a system that could reduce costs, speed settlements, end overly generous juries, and eliminate unnecessary medical claims.

Incorrect diagnosis

Medical malpractice is usually caused by mistaken diagnosis. It occurs countless times every year, with devastating consequences, including unneeded surgery, prolonged hospital stays, or ad hoc treatment. A mistake in diagnosis can cause death, as in some cases involving serious injuries or illness.

To prove that there was a malpractice to prove malpractice, it must be proved that the doctor owed the patient a duty and violated this obligation by failing to recognize the injury or illness properly. In the majority of cases, proving the doctor's inability to adhere to the standard of care requires a specialized opinion, for instance, from an expert medical professional who has a vast knowledge of the kind of illness that is involved in the case. The expert must also show that the doctor did not properly include the disease in the list of differential diagnoses by using methods like asking further questions, conducting further examinations or requesting additional tests to aid in the diagnostic procedure.

A plaintiff must also prove that the injuries caused by the misdiagnosis result from the breach of duty. This typically means proving the actual damages, such as past or future medical expenses, lost income as well as pain and discomfort, reduced life span, and other losses. Finally, the victim must file the lawsuit within the statute of limitation which is typically two or three years after when the damage occurred.

Wrong Procedure

It's not a pleasant thing to learn that surgeons are performing the wrong procedure on a patient around 20 times per week. These errors in surgery could result in unanticipated medical expenses and more discomfort for patients. A medical malpractice lawyer can help you receive the compensation you are entitled to for your losses.

A successful malpractice case requires a convincing case of negligence on the part of the physician in the case. A claim of negligence stemming from an error in surgery must prove that the defendant's course action was different from the standard of care that is expected to be provided by similarly skilled physicians in similar circumstances. This can be done through expert testimony and a thorough review of medical records.

During the discovery process your attorney and defense team will share relevant documents to be used in your case. The documents could include medical and surgical records, lab reports, Vimeo as well as documentation of your injury. The lawyer will interview witnesses to collect information about your case. In the witness interview, you will be questioned under oath by opposing counsel. This is referred to as a deposition.

Surgery performed on the wrong site is a rare, but serious form malpractice. This kind of negligence is usually caused due to a doctor's failure adhere to the surgical recommendations or the medical record of the patient. In this situation, it is easy to demonstrate the negligence. It is not always easy to decide who is responsible.

Wrong Drugs

Every year, over one million Americans are injured or have their health issues worsened by errors in prescription drugs. Doctors must exercise extreme caution when prescribing medication to ensure that they are safe and suitable for the patient. If the doctor deviates from the medical standard of care and you suffer serious injury as a result, it may be a case of malpractice.

Sometimes, the error doesn't occur in the doctor's offices and instead occurs at the hospital. For example a nurse may mistakenly interpret a prescription, and then administer the wrong medication or dosage. A pharmacy could also be negligent when filling a prescription with the wrong medication or using harmful ingredients.

Medication errors are the most common type of medical malpractice claim that our firm deals with. Our firm gets calls from clients who were prescribed the wrong medicine by their medical professionals that resulted in severe injuries or even death. Our attorneys will determine who is accountable for the injuries and determine where the error occurred in the chain of command. We will then help you assign a value to your damages, which will include any medical expenses as well as lost wages and pain and suffering resulting from the injuries you sustained because of the medication error. The more severe your injuries, the greater the damages. You deserve adequate compensation. We can assist you to get the settlement you need.

Emergency Room Errors

Emergency rooms are often high-stress and high-pressure environments. This can be dangerous for the patients. Doctors are under pressure to treat as many patients as they can. They must also run tests quickly, interact with themselves, and read and write reports and provide high-quality patient care. These busy environments can lead to errors that can have devastating consequences.

ER errors can range from misdiagnosis to premature discharge of patients. Most ER errors result from the absence of medical history, a misinterpretation or test results, and 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 health conditions or giving incorrect instructions to nurses.

In order to be able to bring a case for a malpractice lawsuit the plaintiff must first establish that the medical professional acted in violation of the standard of care. The standard of care is defined as the level of care that a reasonable medical professional could have provided in similar circumstances. The plaintiff must establish that negligence was the cause for their injuries and damages. A successful plaintiff can seek compensation for future and past medical bills as well as physical pain and suffering loss of earnings, earning capacity and funeral expenses where appropriate.