Malpractice Litigation

malpractice lawsuit litigation is often a lengthy and complex process. It is necessary for the patient or legally appointed representative to prove that the physician breached the duty of care owed to them and that an injury resulted.

There have been a variety of proposals to change the legal rules governing malpractice claims. These proposals would replace the jury system and trial with an alternative that would lower costs, speed settlements, end overly generous juries and screen out unnecessary medical claims.

The wrong diagnosis

Medical malpractice is usually caused by mistakes in diagnosis. It occurs millions of times every year, with devastating consequences, such as unnecessary surgery, prolonged hospitalizations, or invasive treatment. In some instances an error in diagnosis could result in death.

To prove that there was a malpractice it must be proven that the doctor owed a duty to the patient and breached the obligation by not diagnosing the injury or illness properly. In most cases, the inability of a doctor to perform the required care is proven by an expert's opinion. This can be a medical professional who has extensive knowledge of the type of illness that is being investigated. The expert must also prove that the physician did not properly include the disease in his or her list of differential diagnosis using methods like asking additional questions, conducting further examinations, or ordering more tests to aid in the diagnostic process.

A plaintiff must also prove that the injuries caused by the incorrect diagnosis resulted directly from the breach of duty. This usually involves proving actual damages such as past or future medical expenses, lost income as well as pain and discomfort, diminished life span and other losses. The victim must also file a lawsuit within the statutes of limitations which usually are two or three years after the injury was caused.

Unskillful Procedure

It might be shocking to discover that surgeons perform the incorrect procedure on a patient approximately 20 times a week. These surgical mistakes often result in patients suffering unanticipated medical costs and pain and suffering. A medical malpractice lawyer can help you obtain the compensation you're due for your losses.

A successful malpractice lawsuit demands an enviable claim of negligence on the part of the physician in the case. A malpractice claim stemming from a surgical error must show that the defendant's actions diverged from the standard care that would have been provided by doctors with similar training in similar situations. This can be accomplished through expert testimony and a thorough review of medical records.

During the discovery process, your attorney and the defense team will share relevant documents to be used in your case. These documents may include medical and surgical reports, lab reports and documents of your injuries. Your lawyer will question witnesses to gather information about your case. In the course of the interview with the witness, the opposing attorney will ask you questions under an oath. This is referred to as a deposition.

Wrong-site surgeries are a relatively rare yet serious form of malpractice. This type of malpractice usually involves an error by a physician who fails to follow the surgical recommendation or malpractice lawsuit the medical history of a patient. In this scenario it is simple to prove negligence. However, determining who should be held accountable is not always easy.

Wrong Drugs

Drug errors cause harm or worsening of health conditions in more than a half million Americans each year. Doctors must take extreme care when prescribing drugs to ensure that they are safe and appropriate for the patient. If a doctor's prescription is not in accordance with the medical standard of care and you suffer severe injury as consequence, it could be considered malpractice.

Sometimes, the error may not happen in the doctor's office and instead occurs at the hospital. For example, a nurse might not have a proper understanding of a prescription and give the wrong dosage or medication. A pharmacy can also make a mistake when filling a prescription with the wrong medication or a medication with harmful ingredients.

Our firm specializes in the most frequent medical malpractice cases. Our firm receives calls from clients who were given the wrong medication by their medical professionals which resulted in serious injuries or even death. Our lawyers will determine who is accountable for the accident and where the error occurred in the chain of command. We will assist you in determining the value of your losses. This would include medical expenses, lost wages and discomfort and pain resulting from injuries sustained as a result of the error in medication. The more severe your injuries, the more your damages. You deserve adequate compensation. We can assist you in getting the settlement you deserve.

Emergency Room Errors

Emergency rooms are high-stress, high pressure environments that pose a risk to patients. Doctors are under pressure to treat as many patients as they can. They must also conduct tests quickly, interact with themselves and malpractice lawsuit write and read reports while also providing high-quality patient care. However, these hectic environments can cause mistakes that could result in catastrophic consequences.

ER errors include everything from mistaken diagnosis of a patient, to premature discharge. Most ER errors are caused by a lack of medical history, a mistake in interpretation or test results, and a failure to consult specialists. ER staff can also make mistakes when communicating with one another or with the patient, such as not communicating the patient's allergies or other health conditions, or not giving the correct instructions to nurses.

To have a basis 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 level of care a reasonable medical professional would provide in similar circumstances. The plaintiff has to prove that negligence caused the injury and resulting damages. A successful plaintiff can recover compensation for future or past medical bills, pain and suffering, lost wages and earning potential as well as funeral expenses in the event that they are applicable.