Malpractice Litigation

Malpractice litigation is often a lengthy and complex process. It requires the patient, or a legally-appointed representative, to prove that the doctor had a duty to care, and that the doctor violated that duty, and that the injury resulted.

Many proposals were put forward to change the legal rules governing medical malpractice lawyers claims. The trial and jury system was replaced by an alternative that would cut costs, speed up settlements, reduce juries with excessively generous verdicts and eliminate fraudulent claims.

Incorrect diagnosis

Misdiagnosis is among the most prevalent forms of medical malpractice. It occurs in a multitude of instances every year, with devastating consequences, such as unnecessary surgery, prolonged hospital stays, or aggressive treatment. An incorrect diagnosis could lead to death, as in some cases that involve serious injuries or illness.

To establish malpractice, the doctor must have violated his obligation to the patient by not diagnosing an injury or illness in a timely manner. In most cases, the inability of a doctor to provide the required medical care is established by an expert's opinion. This can be a medical professional with extensive knowledge of the type of illness that is being investigated. The expert must also prove that the physician failed to adequately add the disease to his or her list of differential diagnosis using methods like asking additional questions, conducting further examinations or requesting further tests as part of the diagnostic process.

A plaintiff also has to prove that the injuries caused by the misdiagnosis result from the breach of duty. This typically means proving the real damages such as past or future medical expenses, income lost, pain and discomfort, reduced life span, and other losses. Additionally, the plaintiff must file the suit within the statute of limitation, which is typically two or three years from the date of the incident.

Incorrect Procedure

It could be a shock to learn that surgeons perform the wrong procedure on patients around 20 times a week. These surgical errors can result in unexpected medical expenses and further suffering for patients. A medical malpractice lawyer can assist you in obtaining the compensation you deserve for your losses.

A successful malpractice suit requires a convincing argument that the physician is negligent. A claim of malpractice caused by a surgical error must prove that the defendant's actions differed from the standard care that would have been provided by physicians with similar training in similar situations. This can be achieved through expert testimony and an extensive review of medical documents.

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

The wrong-site procedure is a very rare but very serious form of malpractice. This type of malpractice usually is caused by an individual doctor who does not follow the recommendations of a surgeon or a patient's medical history. In this case it's possible to prove that negligence took place. However, determining who should be held liable is not always simple.

Wrong Drugs

Every year, over a million Americans are injured or have their health conditions worsened by drug errors. Doctors should exercise 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 the result, it could be malpractice.

Sometimes the error doesn't occur in the doctor's offices but in the hospital. For instance nurses could not have a proper understanding of a prescription and give the wrong medication or dosage. A pharmacy might also commit an error by filling in the incorrect prescription or filling the medication with harmful ingredients.

Medication errors are the most popular type of medical malpractice claim which our firm handles. Our firm is frequently contacted by clients who were prescribed the wrong drug by their doctors and have suffered severe injuries or even death. Our attorneys will work to determine where the error happened within the chain of command and determine who is accountable for your injuries. We will then help you determine the value of your damages, which would include any medical costs, lost wages, and the pain and suffering that resulted from the injuries you suffered because of the error in your medication. The more severe your injuries, the more your damages. You deserve adequate compensation. We can assist you to get the settlement you need.

Emergency Room Errors

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

ER mistakes range from the incorrect diagnosis of a patient to premature discharge. The most frequent causes of ER errors are a lack of medical history as well as misinterpretation of results from tests and a failure to speak with specialists. ER staff can also make mistakes when communicating with each other or with patients, like not letting a patient's allergies or adverse health conditions, or not giving the correct instructions to nurses.

To have grounds for an action for malpractice the plaintiff has to establish that the medical professional infringed on the standard care. The standard of care refers to the level of care that a reasonable medical professional with the same training and experience would have provided in similar circumstances. The plaintiff must demonstrate that the negligence was responsible for their injury and damages. A successful plaintiff can seek compensation for past or future medical bills along with pain and suffering, lost earnings and earning potential, and funeral expenses, in the event that they are applicable.