Malpractice Litigation

Malpractice litigation can be a lengthy and complex process. It requires the patient or a legally authorized representative, to show that the physician was bound by a duty of care, that the doctor breached that duty and that injuries resulted.

There have been a variety of proposals to alter the legal rules that govern malpractice claims. They propose to replace the trial and jury system by a different system that will lower costs, speed settlements, reduce excessively generous juries and filter out unnecessary medical claims.

Misdiagnosis

Medical malpractice is usually caused by misdiagnosis. It happens thousands of times each year and can lead to devastating consequences, like the need for surgery that is not needed, long hospital stays, or unnecessarily invasive treatment. A misdiagnosis can even cause death, as in some cases that involve severe injuries or illness.

To prove malpractice, the doctor must have violated his duty to the patient by failing to diagnose an injury or illness correctly. In most cases, the failure of the physician to provide the required care is proven through an expert opinion. This can be a medical professional with vast knowledge of the kind of disease in question. The expert must also show that the physician did not adequately add the disease to the list of differential diagnosis by using methods like asking additional questions, observing further, or ordering more tests as part of the diagnosis process.

A plaintiff also has to prove that the injuries resulting from an incorrect diagnosis result from the breach of duty. This typically involves proving actual damages, including past and future medical expenses as well as lost income, pain and suffering, shortened life expectancy, and other losses. The victim must bring the lawsuit within 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 learn that surgeons carry out the incorrect procedure on a patient around 20 times per week. These mistakes can result in unanticipated medical expenses and more discomfort for patients. A skilled medical malpractice lawyer could assist you in obtaining the reimbursement you need for your losses.

A successful malpractice suit requires a convincing claim of negligence on the part of the doctor in the matter. A claim of malpractice caused by a surgical error must prove that the defendant's actions deviated from the usual care that would have been provided by a physician with the same training in similar situations. This can be accomplished through expert testimony and a thorough review of medical documents.

During the discovery phase where your attorney will exchange files with the defense team that will be used in your case. These documents may include medical and surgical reports, lab reports and documents of your injuries. The lawyer will interview witnesses to gather information on your case. In the course of the interview with the witness, the attorney opposing you will inquire about your concerns under oath. This is referred to as a deposition.

Surgery performed on the wrong site is a rare and serious form of malpractice. This kind of lyndhurst malpractice lawyer is usually triggered by a doctor's inability to adhere to the surgical recommendations or the medical records of the patient. In this situation it is possible to demonstrate that negligence was the cause. However, determining which surgeon should be held responsible is not always easy.

Wrong Drugs

Drug errors can lead to injuries or worsening health issues in more than a half million Americans each year. Doctors must use extreme care when prescribing medicines, to ensure they are safe and appropriate for vimeo the patient. If you suffer serious injuries due to the doctor's deviations from the standard medical procedure, it could be negligent.

Sometimes, the error doesn't occur at the doctor's office and instead occurs at the hospital. For example a nurse may miss-read a prescription and prescribe the wrong medication or dosage. A pharmacy could also make an error in filling the incorrect medication or a drug that contains harmful ingredients.

Our firm is able to handle the most common medical malpractice cases. We receive calls from clients who's doctors prescribed the wrong medication, leading them to suffer severe injuries, and 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 help you determine the value of your losses. This would include medical expenses, lost wages, discomfort and pain resulting from injuries you sustained due to the error in your medication. The more serious your injuries, the more you'll be liable. You deserve adequate compensation. We can help you obtain the settlement you deserve.

Emergency Room Errors

Emergency rooms are high-stress and high-pressure environments that can be dangerous for patients. Doctors are pressured to treat as many patients as they can. They must also run tests quickly, communicate among themselves, and read and write reports while providing top-quality patient care. These hectic environments can lead to mistakes with disastrous consequences.

ER errors range from mistaken diagnosis of a patient, to premature discharge. The majority of ER errors result from the absence of medical history, a incorrect interpretation of test results or diagnosis or a failure to consult specialists. ER staff can also make mistakes when communicating with each other and patients, such as failing to communicate a patient's health issues, allergies or other medical conditions or giving incorrect instructions.

To have a basis 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 a reasonable medical professional could have provided under similar circumstances. The plaintiff must establish that the negligence is responsible for their injury and damages. A successful plaintiff can recover compensation for future or past medical bills as well as pain and suffering, lost wages and earning potential and funeral expenses, in the event that they are applicable.