Malpractice Litigation

Malpractice litigation is often an extended and complex procedure. It requires the patient or a legally designated representative, to show that the physician owed them a duty of care, and that the doctor violated the duty and the injury resulted.

Many proposals were put forward to change the lawful rules governing medical malpractice claims. The trial and jury system was replaced by an alternative that would cut costs, speed up settlements, remove juries that are too generous, and screen out fraudulent claims.

Undiagnosed

The misdiagnosis of a patient is among the most common types of medical malpractice. It occurs in a multitude of instances every year, with devastating results, including unnecessary surgical procedures, prolonged hospital stays, or ad hoc treatment. A misdiagnosis could cause death, as in certain cases of severe illness or injury.

To prove malpractice, it must be demonstrated that the doctor was bound by the patient a duty and breached the obligation by failing to identify the injury or illness properly. In the majority of instances, proving that the doctor's inability to adhere to the standards of care requires a specialized opinion, such as an expert medical professional with extensive knowledge about the specific illness that is at issue in the instance. The expert must also demonstrate that the physician failed to properly add the condition to the list of differential diagnoses by using methods like asking further questions, observing further or ordering additional tests to aid in the diagnostic process.

A plaintiff must also demonstrate that the injuries resulting from the incorrect diagnosis resulted directly from the breach of duty. This usually means proving actual damages like past or future medical expenses, loss of income, pain and discomfort, diminished life span, and other damages. The victim must also file the suit within the statute of limitations that are typically two or three years after the incident was caused.

The wrong procedure

It's not a pleasant thing to learn that surgeons are performing the wrong procedure on a patient around 20 times per week. These surgical errors often result in patients being faced with unanticipated medical expenses and additional pain and suffering. A medical malpractice lawsuits lawyer can help you get the compensation you deserve for your losses.

A successful malpractice lawsuit demands a strong claim of negligence on the part of the physician in the dispute. A claim of malpractice that is based on a surgical mistake must prove that the defendant's actions differed from the usual care that would have been offered by doctors who have similar training in similar situations. This can be accomplished through expert testimony and a thorough examination of medical records.

During the discovery process your attorney and defense team will share relevant documents to use in your case. The documents could include medical and surgical records, lab reports and evidence of your injuries. Your lawyer will question witnesses in order to gather information on your case. In the witness interview, you will be questioned under oath, by the opposing counsel. This is known as a deposition.

Surgery performed on the wrong site is a rare, but serious form of malpractice. This type of malpractice usually is caused by a physician who fails to follow the recommendations of a surgeon or a patient's medical history. In such a situation, it is easy to establish negligence. However, determining who is liable for the negligence is not always easy.

Wrong Drugs

Every year over one million Americans are injured or have their health issues worsened because of drug errors. Doctors must take extreme care when prescribing drugs to ensure that they are safe and suitable for the patient. If the doctor deviates from the medical standard of care and you suffer a severe injury as a result, it may be malpractice.

Sometimes, the error doesn't happen in the doctor's offices but in the hospital. Nurses may misunderstand the prescription and give the wrong dose or medication. A pharmacy may also make mistakes by filling incorrect medication or a drug with harmful ingredients.

Our firm is able to handle the most frequent medical malpractice claims. Our firm receives calls from clients who have been prescribed the wrong medication by their physicians, resulting in severe injuries or even death. Our lawyers will identify the place where the error occurred in the chain of command and determine who is responsible for your injuries. We will then help you determine the value of your damages. This would include medical expenses as well as lost wages and suffering and pain that results from the injuries you suffered because of the error in your medication. The more severe your injuries, then the greater your damages. You deserve adequate compensation. We can help you get the settlement you deserve.

Emergency Room Errors

Emergency rooms are high-stress, high-pressure environments which can be hazardous for patients. Doctors are often under pressure to take on as many patients as possible and are required to run tests quickly and be in constant communication with each other and read or write reports while also providing high-quality medical attention to each patient. These hectic environments can lead to mistakes with catastrophic consequences.

ER errors include everything from the incorrect diagnosis of a patient to premature discharge. The majority of ER errors result from an absence of medical history, misinterpretation of test results or interpretation and a failure consult with specialists. ER staff can also make mistakes in communicating with each other or with patients, such as not communicating the patient's allergies or 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 breached the standard of care. The standard of care is the standard of care that an honest medical professional with the same training and experience would have provided in similar circumstances. The plaintiff must prove that negligence caused the injury and subsequent damages. A successful plaintiff may recover compensation for future and past medical bills as well as physical pain and suffering as well as loss of wages and earning capacity, funeral expenses and funeral costs where appropriate.