Malpractice Litigation

The process of bringing a lawsuit for malpractice is usually a long and complex procedure. It is the responsibility of the patient or a legally appointed representative to prove that the doctor violated the duty of care that was owed to them and that a repercussion resulted.

A variety of ideas have been proposed to change the legal rules governing malpractice claims. These proposals would replace the trial and jury system with a system that could lower costs, speed settlements, reduce excessively large juries and screen out frivolous medical claims.

Incorrect diagnosis

Medical malpractice is often caused by mistaken diagnosis. It happens millions of times every year, resulting in devastating consequences, including unneeded surgery, lengthy hospitalizations, or invasive treatment. In some instances an error in diagnosis could result in death.

To establish malpractice, the doctor must have breached his duty to the patient by not diagnosing an illness or injury correctly. Most of the time, the failure of the doctor to provide the required medical care is established by an expert opinion. This can be an expert in medicine who has extensive knowledge of the type of illness that is being investigated. The expert must also prove that the doctor failed to sufficiently add the illness to the list of differential diagnosis using methods like asking further questions, observing further or requesting further tests in the diagnostic procedure.

A plaintiff must also show that the injuries resulting from a misdiagnosis are a direct result from the breach of duty. This typically means proving the real damages such as past or future medical expenses, lost income as well as pain and discomfort, diminished life span and other expenses. The plaintiff must also file a lawsuit within the statutes of limitations which usually are two or three years after the injury occurred.

Unskillful Procedure

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

A successful malpractice lawsuit requires a strong claim of negligence on the part of the doctor in the case. A malpractice claim stemming from a surgical error must show that the defendant's actions diverged from the usual care that would have been provided by physicians with similar training in similar circumstances. This can be accomplished by expert testimony as well as a thorough review of medical documents.

During the discovery phase where your attorney will exchange documents with the defense team that will be used in your case. These documents may include medical and surgical records, lab reports, and evidence of your injuries. Your lawyer may also interview witnesses to gather evidence to support your case. During the interview, you will be questioned under oath from the opposing counsel. This is referred to as a deposition.

The wrong-site procedure is a very rare but serious form of malpractice. This kind of error is usually caused by a physician's failure to follow the surgical guidelines or the patient's medical records. In this instance it is possible to demonstrate that negligence was the cause. However, determining who should be held liable isn't always easy.

Wrong Drugs

Drug errors can lead to injuries or worsening health issues in more than a half million Americans every year. Doctors must exercise extreme care when prescribing medication to ensure that they are safe and appropriate for the patient. If the doctor deviates from the medical standard of care and you suffer serious injury as the result, it could be considered to be malpractice attorneys.

Sometimes the error doesn't occur in the doctor's office, but in the hospital. Nurses may misunderstand the prescription and give the wrong dosage or medication. A pharmacy may also make a mistake by filling in the wrong medication or a medication with harmful ingredients.

Medication errors are the most common type of medical malpractice claim that our firm handles. We receive calls from clients who were given the wrong medication by their medical professionals, resulting in severe injuries or even death. Our lawyers will determine who is responsible for the injury and where the error occurred in the chain of commands. We will help you determine the value of your damages, which would include any medical expenses or lost wages as well as pain and suffering resulting from the injuries you suffered because of the medication error. The more severe your injuries, then the more you'll be liable. You deserve adequate compensation. We can assist you in obtaining the settlement you need.

Emergency Room Errors

Emergency rooms are high-stress, high pressure environments that pose a risk to patients. Doctors are usually under a lot of pressure to take on as many patients as they can and run tests as quickly as they can and also communicate with each other, and read or write reports while providing top-quality care to each patient. Unfortunately, these busy environments create mistakes that could result in catastrophic consequences.

ER errors can range from misdiagnosis to premature discharge of patients. The most frequent causes of ER mistakes are an insufficient medical history as well as misinterpretation of results from tests and failure to consult with specialists. ER staff could be unable to communicate between themselves and patients, such as failing to inform patients of allergies, health problems or adverse reactions, or giving incorrect instructions.

To have a basis to bring a malpractice suit, the plaintiff must first demonstrate that the medical professional acted in violation of the standard of care. The standard of care is defined as the standard of care a reasonable medical professional could have provided under similar circumstances. The plaintiff must prove that negligence was the cause for their injuries and damages. A successful plaintiff can seek 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.