Malpractice Litigation

Malpractice litigation can be a lengthy and complex procedure. It is the responsibility of the patient or a legally appointed representative to show that the physician breached the duty of care that was owed to them and that an injury resulted.

There have been a variety of proposals to change legal rules governing malpractice claims and replace the trial and jury system with a system that could reduce costs, speed settlements, eliminate overly generous juries, and eliminate frivolous medical claims.

Incorrect diagnosis

Medical malpractice is often caused by incorrect diagnosis. It happens millions of times every year and can result in devastating results, such as the need for surgery that is not needed, long hospital stays, or unnecessarily invasive treatment. A mistake in diagnosis can lead to death, as there are instances of serious injuries or illness.

To prove that there was a malpractice law firms, the doctor must have violated his obligation to the patient by not diagnosing an injury or illness in a timely manner. In the majority of instances, proving that the doctor's inability to adhere to the standard of care requires an expert opinion, such as an expert in medical practice with extensive knowledge about the kind of illness that is involved in the case. The expert must also show that the doctor did not add the disease to their list of differential diagnoses by asking further questions, or making further observations, or ordering further tests to aid in the diagnosis process.

A plaintiff also needs to prove that the injuries caused by the misdiagnosis were a direct result of the breach of duty. This usually means establishing actual damages, like past and future medical expenses loss of income, the suffering of others, a reduced life expectancy, and other damages. The victim must bring the suit within the time frame of the statute of limitations, which is typically two or three years after the date of the harm.

Incorrect Procedure

It might be shocking to learn that surgeons carry out the incorrect procedure on patients around 20 times a week. These surgical errors often result in patients being faced with unanticipated medical bills and pain and malpractice suffering. A medical malpractice lawyer can assist you in obtaining the compensation you're entitled to for your losses.

A successful malpractice lawsuit requires a convincing claim of negligence on the part of the physician in the case. A claim of negligence stemming from a surgical error needs to demonstrate that the defendant's course of procedure was in violation of the standard of care that is expected to be offered by similarly trained doctors in similar circumstances. This can be accomplished by expert testimony as well as a thorough review of medical records.

During the discovery phase, your attorney will exchange documents with the defense team so that they can be used in your case. These documents can include medical and surgical reports, lab reports and documents of your injuries. Your lawyer will also speak with witnesses to gather information to support your case. When you meet with the witness, the attorney opposing you will be able to ask you questions under swearing. This is known as a deposition.

Wrong-site surgeries are a rare but very serious type of malpractice. This type of malpractice usually is caused by a doctor who fails to adhere to the surgical recommendations or the medical history of a patient. In this instance, it can be easy to prove that negligence occurred. However, determining who should be held responsible isn't always easy.

Wrong Drugs

Drug errors can lead to injury or worsen health conditions in more than half a million Americans every year. Doctors must exercise extreme care when prescribing medicines, to ensure they are safe and appropriate for the patient. If a doctor's decision isn't in line with the medical standard of care and you suffer a severe injury as consequence, it could be a case of malpractice.

Sometimes, the error doesn't happen in the doctor's offices but rather in the hospital. A nurse may misread the prescription and give the wrong dosage or medication. The pharmacy could also make an error by filling the incorrect medication or a drug that contains harmful ingredients.

Medication mistakes are the most frequent type of medical malpractice claim that our firm takes care of. We receive calls from patients who's doctors prescribed the wrong medication, causing them to suffer severe injuries or even death. Our lawyers 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 damages. This could include medical expenses, lost wages and discomfort and pain caused by injuries you sustained due to the error in medication. The more serious your injuries, the greater your damages. You deserve adequate compensation. We can help you receive the compensation you deserve.

Emergency Room Errors

Emergency rooms can be stressful and high-pressure environments. This can be risky for the patients. Doctors are under pressure to treat as many patients as they can. They also must conduct tests quickly, interact with themselves, and read and write reports while providing top-quality patient treatment. However, these hectic environments can create mistakes that could result in catastrophic consequences.

ER errors can range from misdiagnosis, to premature discharge of the patient. The majority of ER errors are caused by the absence of medical history, malpractice a misinterpretation of test results or interpretation and a failure consult specialists. ER staff can also make mistakes in communicating with each other or with the patient such as not mentioning the patient's allergies or other health conditions or giving incorrect instructions to nurses.

To be able to establish grounds for a malpractice lawyers lawsuit, the plaintiff must first establish that the medical professional violated the standard of care. The standard of care refers to the level of care that a reasonable medical professional with the same education and experience would have provided in similar circumstances. The plaintiff is then required to show that negligence caused the injury and resulting damages. A successful plaintiff may be able to obtain compensation for past or future medical bills, pain and suffering, lost wages and earning potential and funeral costs, if applicable.