Malpractice Litigation

Malpractice litigation is often a long and complex procedure. It is required for the patient or an legally appointed representative to show that the doctor did not fulfill the duty of care that was owed to them and that a repercussion resulted.

Various proposals were made to change the legal rules governing medical malpractice claims. The trial and jury system was replaced with an alternative which would reduce costs and speed up settlements, reduce juries with excessively generous verdicts and eliminate fraudulent claims.

Incorrect diagnosis

Medical malpractice is usually caused by misdiagnosis. It occurs countless times every year, with devastating consequences, including unnecessary surgery, prolonged hospitalizations, or invasive treatment. In some cases the wrong diagnosis can result in death.

To prove malpractice, the doctor must have violated his obligation to the patient by not diagnosing an injury or illness accurately. In most instances, proving that the doctor's inability to adhere to the standard of care requires an expert opinion, for instance, from a medical professional who is knowledgeable about the kind of illness that is involved in the instance. The expert should also demonstrate that the doctor failed to properly add the condition to the list of differential diagnoses using methods like asking additional questions, conducting further examinations or requesting further tests as part of the diagnosis process.

A plaintiff also has to prove that the injuries resulting from an error in diagnosis are a direct result from the breach of duty. This typically involves proving damages that are actual, such as future and past medical expenses as well as lost income, suffering and pain, shortened life expectancy and other damages. The plaintiff must also file the suit within the statute of limitations that are typically two or three years after the damage occurred.

Incorrect Procedure

It may be shocking to hear, but surgeons are performing the wrong procedure on patients around 20 times a week. These surgical errors could result in unanticipated medical costs and additional discomfort for patients. An experienced medical malpractice lawyer can help you pursue the compensation you require for malpractice lawyer your losses.

A successful malpractice lawyers lawsuit requires a convincing argument that the physician is negligent. A claim of negligence based on a surgical error needs to demonstrate that the defendant's course action was different from the norm of care that would be offered by similarly trained doctors in similar circumstances. This can be accomplished by expert testimony and a thorough examination of medical documents.

During the discovery process, your attorney and the defense team will share pertinent documents for use in your case. These documents can include medical and surgical documents, lab reports, and the documentation of your injuries. Your lawyer will question witnesses to gather information on your case. When you meet with the witness, the attorney opposing you will question you under oath. This is known as a deposition.

Wrong-site surgeries are a rare yet serious form of malpractice law firms. This kind of malpractice typically involves an error by a doctor who fails to follow the recommendations of a surgeon or the medical history of a patient. In this scenario it is possible to prove that negligence occurred. It's not always straightforward to decide the surgeon who should be held responsible.

Wrong Drugs

Drug-related errors can cause harm or worsening of health conditions in over a half a million Americans every year. Doctors must use extreme care when prescribing drugs to ensure that they are appropriate and safe 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 occur at the doctor's office but rather in the hospital. For instance the nurse could misread a prescription and administer the wrong dosage or medication. A pharmacy may also make a mistake by filling out the wrong prescription or using harmful ingredients.

Our firm deals with the most frequent medical malpractice cases. We receive calls from clients whose doctors prescribed them the incorrect medication, causing them to suffer severe injuries and even death. Our attorneys will identify the place where the error occurred within the chain of command, and who is accountable for your injuries. We will then assist you to assign a value to your damages. This would include medical expenses, lost wages, and suffering and pain resulting from the injuries you suffered because of the medication error. The more severe your injuries, the more the damages. You deserve adequate compensation. We can assist you to get the compensation you deserve.

Emergency Room Errors

Emergency rooms are high-stress and high-pressure environments that can be dangerous for patients. Doctors are under pressure to take care of as many patients as they can. They also must conduct tests quickly, communicate with themselves, and read and write reports, all while providing quality patient treatment. Unfortunately, these busy environments cause mistakes that could result in catastrophic consequences.

ER errors include everything from mistakes in diagnosis to premature discharge. The most frequent causes of ER errors are a lack of medical history and misinterpretation of test results and malpractice lawyer failure to consult with specialists. ER staff may also make mistakes in communicating with one another or with the patient, such as not communicating the patient's allergies or health conditions or giving incorrect instructions to nurses.

To be able to establish grounds for a malpractice lawsuit the plaintiff must first prove that the medical professional violated the standard of care. The standard of care refers to the level of care that an honest medical professional with the same training and experience would have provided in similar circumstances. The plaintiff must then show that this negligence caused their injury and the resulting damages. A successful plaintiff may recover compensation for future and past medical bills as well as physical suffering and pain in addition to loss of wages, earning capacity, funeral expenses and funeral costs when appropriate.