Malpractice Litigation

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

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

Misdiagnosis

Misdiagnosis is among the most common forms of medical malpractice. It happens thousands of times each year and can have devastating results, such as the need for unnecessary surgery or long hospital stays or unnecessarily invasive treatment. An incorrect diagnosis could lead to death, as in some cases that involve severe injuries or illness.

To prove malpractice it must be proven that the doctor owed the patient a duty and breached that duty by failing to diagnose the injury or illness properly. In the majority of cases, the failure of the physician to provide the required treatment is confirmed by an expert's opinion. This can be a medical professional who has extensive knowledge of the type of illness in question. The expert must also prove that the doctor did not add the disease to their differential diagnosis list by asking further questions, or making further observations or ordering additional tests as part of the diagnosis procedure.

A plaintiff must also demonstrate that the injuries caused by an incorrect diagnosis result from the breach of duty. This typically involves proving real damages such as past or future medical expenses, income lost, pain and discomfort, shorter life spans and other damages. Additionally, the plaintiff must bring the suit within the time limit of the statute of limitations, which is typically two or three years after when the damage occurred.

Wrong Procedure

It might be shocking to discover that surgeons perform the incorrect procedure on a patient approximately 20 times per week. These surgical errors could lead to unanticipated medical costs and additional suffering for patients. An experienced medical malpractice lawyer can assist you in obtaining the reimbursement you need for your losses.

A successful malpractice suit requires a strong case that proves the doctor is negligent. A claim of negligence based on a surgical error needs to demonstrate that the defendant's course of procedure was in violation of the norm of care that would be provided by similarly trained doctors in similar circumstances. This can be done through expert testimony and a thorough examination of medical documents.

During the discovery phase, your attorney will exchange files with the defense team in order to be used in your case. These documents could include medical and surgery documents, lab reports as well as documentation of your injury. Your lawyer will speak with witnesses in order to gather information on your case. During the interview with the witness, the opposing attorney will question you under the oath. This is referred to as a deposition.

Wrong-site surgery is a rare but serious form of malpractice. This type of malpractice is usually triggered due to a doctor's failure follow the surgical guidelines or the medical record of the patient. In this situation, it is easy to prove the negligence. It's not always easy to decide which surgeon is responsible.

Wrong Drugs

Every year, more than one million Americans are injured or have their health conditions worsened by errors in prescription drugs. Doctors should exercise extreme caution when prescribing medications to ensure that they are safe and suitable for Malpractice Lawyer the patient. If the doctor deviates from the medical standard of care and you suffer serious injury as the result, it could be a case of malpractice lawsuit.

Sometimes the error doesn't occur in the doctor's office, but rather in the hospital. For instance nurses could not have a proper understanding of a prescription and give the wrong medication or dosage. A pharmacy could also make a mistake by filling in the wrong medication or a medication with harmful ingredients.

Our firm is able to handle the most common medical malpractice law firms cases. We receive calls from clients whose doctors prescribed them the incorrect medication, causing them to suffer severe injuries, or even death. Our attorneys will determine the source of the error within the chain of command and who is accountable for your injuries. We'll then help assign a value to your damages, which would include medical expenses, lost wages, and pain and suffering resulting from the injuries you suffered because of the error in your medication. The more severe your injuries, the greater the damages. You deserve adequate compensation. We can help you receive the compensation you deserve.

Emergency Room Errors

Emergency rooms are high-stress, high pressure environments that could be dangerous for patients. Doctors are often under pressure to attend to as many patients as they can and must run tests quickly, communicate with each other, and read or write reports all while providing quality care to every patient. Unfortunately, these busy environments lead to mistakes that can result in catastrophic consequences.

ER errors can include anything from misdiagnosis, to premature discharge of a patient. Most ER errors are caused by the absence of medical history, misinterpretation or test results, and a failure to consult specialists. ER staff could be unable to communicate with each other and patients, such as failing to communicate a patient's symptoms of allergies, health issues or other conditions or giving incorrect advice.

To have a basis to bring a malpractice suit, 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 degree of care that a reasonable medical professional could have provided under similar circumstances. The plaintiff must establish that negligence was the reason for Malpractice Lawyer their injury and damages. A successful plaintiff could recover compensation for past and future medical bills as well as physical suffering in addition to loss of wages, earning capacity, funeral expenses and funeral costs in the event that they are applicable.