Malpractice Litigation

The process of bringing a lawsuit for malpractice is usually a long and complicated process. It requires the patient, or a legally designated representative, to prove that the doctor was obligated to them under a duty of care, that the physician violated that duty, and that injury resulted.

There have been a variety of proposals to change the legal rules governing malpractice claims and replace the jury and trial system with a new system that would reduce costs, speed settlements, eliminate excessively large juries and screen out frivolous medical claims.

The wrong diagnosis

Misdiagnosis is one of the most common forms of medical malpractice. It occurs millions of times each year, with devastating consequences, including unneeded surgeries, long hospital stays, or aggressive treatment. A misdiagnosis could result in death, in some cases that involve serious injuries or illness.

To prove that there was a parker malpractice law firm, the doctor must have violated his obligation to the patient by not diagnosing an injury or illness accurately. In the majority of cases, the failure of the physician to meet the standards of care is demonstrated through an expert opinion. This can be an expert in medicine who has extensive knowledge of the type of disease in question. The expert must also show that the doctor did not add the condition to their list of differential diagnoses by asking further questions, making more observations, or ordering further tests as part of the diagnosing procedure.

A plaintiff also needs to prove that the injuries resulting from the mistake were the direct result of the breach of duty. This usually involves establishing actual damages, such as future and past medical expenses loss of income, suffering and pain, shortened life expectancy and other losses. The plaintiff must also file a lawsuit within the time limit of the statute of limitations, which are usually two or three years after the injury occurred.

Incorrect Procedure

It's shocking to hear that surgeons perform the wrong procedure on a patient approximately 20 times per week. These errors in surgery could lead to unanticipated medical expenses and more pain for patients. An experienced medical monessen malpractice attorney lawyer can help you pursue the compensation you deserve for your losses.

A successful malpractice suit demands a strong claim that the doctor was negligent. A malpractice claim stemming from a surgical error must demonstrate that the defendant's actions deviated from the standard care that would have been provided by a physician with the same training in similar circumstances. This can be demonstrated through expert testimony and a thorough review of medical documents.

During the discovery process your attorney and defense team will exchange relevant documents to be used in your case. The documents could comprise medical and surgical documents, lab reports and evidence of your injury. Your lawyer may also interview witnesses to gather evidence for your case. During the interview with a witness you will be questioned under oath from the opposing counsel. This is known as a deposition.

Surgery that is performed at the wrong site is a relatively rare, but serious type of malpractice. This kind of malpractice typically involves an error by the doctor who fails to adhere to the surgical recommendations or the medical history of a patient. In this scenario it is possible to establish that negligence occurred. However, determining who should be held responsible is not always simple.

Wrong Drugs

Every year, more than a million Americans are injured or have their health conditions worsened because of drug errors. Doctors must use extreme care when prescribing medications, to ensure that they are appropriate and safe for the patient. If you sustain serious injuries because of a doctor's deviations from the standard medical practice there could be negligent.

Sometimes, the error may not occur at the doctor's office and instead occurs at the hospital. For instance a nurse may not have a proper understanding of a prescription and give the wrong dosage or medication. A pharmacy can also be negligent by filling the incorrect medication or a medication with harmful ingredients.

Medication mistakes are the most frequent type of medical malpractice claim which our firm handles. We receive calls from clients whose doctors prescribed them the wrong medication, which caused them to suffer serious injuries, or even death. Our lawyers will determine the source of the error in the chain of command, and who is responsible for your injuries. We will help you determine the amount of your damages. This would include medical expenses, lost wages and discomfort and pain that result from injuries that you sustained as a result of the error in your medication. The more serious your injuries, the more damages you will incur. You deserve adequate compensation. We can help you receive 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 care for as many patients as they can. They also have to conduct tests quickly, interact with themselves, and read and write reports, all while providing quality patient care. However, these hectic environments can result in mistakes that could result in devastating consequences.

ER errors can range from misdiagnosis and premature discharge of patients. The most frequent causes of ER errors are a lack of medical history as well as misinterpretation of results from tests and a failure to consult specialists. ER staff can make errors in communicating with one another or with patients, for example, not communicating the patient's allergies or other health conditions, or not giving the correct instructions to nurses.

In order to have grounds for a malpractice lawsuit the plaintiff has to first prove that the medical professional acted in violation of 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 must show that the negligence is responsible for their injuries and damages. A successful plaintiff will be able to recover compensation for past or future medical bills as well as pain and suffering, earnings potential and lost wages and funeral expenses, when applicable.