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Malpractice Litigation

Malpractice litigation is often a long and complex procedure. It is essential for the patient or legally appointed representative to prove that the physician breached the obligation of care owed to them, and that an injury resulted.

There have been a variety of proposals to alter the legal rules that govern malpractice claims. The idea is to replace the trial and jury system by a different system that will reduce costs, expedite settlements, reduce excessively large juries and screen out unnecessary medical claims.

Misdiagnosis

Medical malpractice is often caused by mistaken diagnosis. It occurs countless times every year, with devastating consequences, including unnecessary surgery, prolonged hospital stays, or even aggressive treatment. In some cases a mistake in diagnosis can result in death.

To prove that there was a malpractice, the doctor must have violated his duty to the patient by not diagnosing an injury or illness in a timely manner. In the majority of cases, proving the doctor's failure to live up to the standard of care requires an expert opinion, for instance, from an expert medical professional with extensive knowledge about the type of illness at play in the instance. The expert must also prove that the doctor didn't add the disease to their differential diagnosis list by asking further questions, observing more or requesting further tests as part of the diagnosing procedure.

A plaintiff also has to prove that the injuries resulting from an error in diagnosis are a direct result of the breach of duty. This usually means proving actual damages, such as past or future medical expenses, loss of income as well as pain and discomfort, diminished life span, and other losses. The plaintiff must also file a lawsuit within the statute of limitations which usually are two or three years after the incident was incurred.

Unskillful Procedure

It might be shocking to learn that surgeons perform the incorrect procedure on a patient about 20 times a week. These surgical mistakes could result in unanticipated medical costs and additional suffering for patients. A skilled medical malpractice lawyer can help you pursue the compensation you require for your losses.

A successful malpractice lawsuit demands an enviable claim of negligence on the part of the doctor in question. A malpractice claim caused by a surgical error must show that the defendant's actions diverged from the standard of care that would have been provided by a physician with the same training in similar situations. This can be accomplished by expert testimony as well as a thorough review of medical records.

During the discovery process, your attorney and the defense team will share relevant files for use in your case. These documents could include surgical and medical records, lab reports as well as documentation of your injury. Your lawyer will speak with witnesses to gather information regarding your case. In the witness interview you will be questioned under oath by the opposing counsel. This is known as a deposition.

Wrong-site surgeries are a relatively rare but very serious type of malpractice. This kind of malpractice typically is the result of an individual doctor who does not follow the recommendations of a surgeon or a patient's medical history. In this case, it is easy to establish negligence. It is not always easy to determine who is accountable.

Wrong Drugs

Drug errors can cause injury or worsen health conditions in more than a half million Americans each year. Doctors should exercise extreme caution when prescribing medications to ensure that they are safe and malpractice appropriate for the patient. If you suffer serious injury because of the doctor's deviation from the norm of medical treatment there could be an act of malpractice.

Sometimes an error isn't made in the doctor's offices but in the hospital. For example nurses could miss-read a prescription and prescribe the wrong medication or dosage. A pharmacy might also commit an error by filling the incorrect prescription or filling the medication with harmful ingredients.

Medication errors are the most popular kind of medical malpractice case that our firm takes care of. We receive calls from clients who have been prescribed the wrong medicine by their physicians, resulting in severe injuries or even death. Our attorneys will determine who is responsible for the injuries and determine where the error occurred in the chain of commands. We will then help you determine the value of your damages, which could include medical expenses as well as lost wages and pain and suffering resulting from the injuries you sustained because of the error in your medication. The more severe your injuries, the more the damages. You deserve adequate compensation. We can assist you in getting the compensation you deserve.

Emergency Room Errors

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

ER errors range from the incorrect diagnosis of a patient to premature discharge. The majority of ER errors are caused by the absence of medical history, incorrect interpretation of test results or diagnosis, malpractice and a failure to consult specialists. ER staff could also make mistakes when communicating with each other and patients, such as not communicating allergies, adverse health conditions or giving incorrect directions.

To have a basis for a malpractice attorneys lawsuit 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 would have offered in similar circumstances. The plaintiff must prove that this negligence caused their injury and resulting damages. A successful plaintiff will be able to recover compensation for future or past medical bills along with pain and suffering, lost earnings and earning potential and funeral expenses, if applicable.