Malpractice Litigation

Malpractice litigation can be a lengthy and complicated process. It requires the patient, or a legally appointed representative, to prove that the doctor had a duty to care, that the doctor did not fulfill that duty and injury resulted.

There have been a variety of proposals to change the legal rules governing malpractice claims and replace the jury and trial system by a different system that will lower costs, speed settlements, malpractice lawyer eliminate overly generous juries, and eliminate unsubstantial medical claims.

Incorrect diagnosis

Medical malpractice is usually caused by incorrect diagnosis. It occurs millions of times each year and can have devastating results, such as the need for surgery that is not needed lengthy hospital stays and unnecessary treatment. In some cases an error in diagnosis could result in death.

To prove malpractice lawyer the evidence must show that the doctor was bound by an obligation to the patient and breached the duty by failing to diagnose the condition or injury correctly. In most instances, proving a doctor's failure to live up to the standard of care requires an expert opinion, for instance, from a medical professional with extensive knowledge about the kind of illness that is involved in the case. The expert must also prove that the doctor did not sufficiently add the illness to his or her list of differential diagnosis by using methods like asking additional questions, making additional observations or requesting additional tests as part of the diagnostic procedure.

A plaintiff must also show that the injuries caused by the misdiagnosis result from the breach of duty. This usually means establishing damages that are actual, such as future and past medical expenses as well as lost income, pain and suffering, shortened life expectancy and other losses. The victim must also file the suit within the statute of limitations, which are usually two or three years after the incident occurred.

Wrong Procedure

It's shocking to hear, but surgeons are performing the wrong procedure on a patient around 20 times a week. These surgical errors could lead to unanticipated medical expenses and more suffering for patients. A medical malpractice lawyer can assist you in obtaining the compensation you're due for your losses.

A successful malpractice suit requires a convincing argument that the doctor was negligent. A claim of negligence that stems from a surgical error must show that the defendant's course of actions was not in accordance with the standard of care that is expected to be provided by similarly skilled physicians in similar circumstances. This can be accomplished by expert testimony and a thorough examination of medical documents.

During the discovery phase where your attorney will exchange documents with the defense team to be used in your case. These files could include medical and surgical documents, lab reports and documentation of your injury. Your lawyer will speak with witnesses in order to gather information about your case. When you meet with the witness, the opposing attorney will be able to ask you questions under the oath. This is referred to as a deposition.

Wrong-site surgeries are a rare and serious form of malpractice. This kind of malpractice typically results from an error made by a physician who fails to adhere to the surgical recommendations or a patient's medical history. In this scenario, it is easy to demonstrate the negligence. It's not always straightforward to decide the surgeon who should be held accountable.

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 the patient. If the doctor deviates from the medical standard of care and you suffer severe injury as a result, it may be malpractice.

Sometimes, the error does not occur in the doctor's offices and instead occurs at the hospital. A nurse may misread an order for medication and prescribe the wrong dosage or medication. The pharmacy could also make an error by filling the incorrect prescription or filling the medication with harmful ingredients.

Our firm is able to handle the most common medical malpractice cases. We receive calls from clients who were given the wrong medication by their physicians and have suffered severe injuries or even death. Our lawyers will determine who is responsible for the accident and where the error occurred in the chain of command. We'll then help determine the value of your damages, which could include any medical costs along with lost wages, the pain and suffering that resulted from the injuries you sustained due to the medication error. The greater the severity of your injuries, the more damages you will incur. You deserve adequate compensation. We can help you get the compensation you deserve.

Emergency Room Errors

Emergency rooms are high-stress, high-pressure settings that pose a risk to patients. Doctors are often under a lot of pressure to take on as many patients as possible and run tests as quickly as they can, communicate with each other, and read or write reports while delivering high-quality medical care to every patient. These busy environments could lead to errors with disastrous consequences.

ER errors include everything from mistakes in diagnosis to premature discharge. Most ER errors result from an absence of medical history, mistake in interpretation or test results, and a failure to consult specialists. ER staff can also make mistakes in communicating with each other or with the patient such as not communicating a patient's allergies or adverse health conditions, or not giving the correct instructions to nurses.

In order to have grounds for a malpractice lawsuit, the plaintiff must first prove that the medical professional acted in violation of the standard of care. The standard of care is the standard of care that an honest medical professional with the same education and experience would have offered in similar circumstances. The plaintiff has to prove that negligence caused the injury and subsequent damages. A successful plaintiff could recover damages for past and future medical bills, physical pain and suffering in addition to loss of wages, earning capacity and funeral expenses where applicable.