Malpractice Litigation

Malpractice litigation can be a lengthy complex process. It requires the patient or a legally appointed representative, to show that the doctor was bound by a duty of care, and that the doctor breached that duty and that injury resulted.

Various proposals have been made to modify the rules of law governing malpractice claims. The idea is to replace the jury and trial system with a new system that would reduce costs, speed settlements, reduce excessively large juries and screen out fraudulent medical claims.

The wrong diagnosis

Misdiagnosis is one of the most common types of medical malpractice. It happens millions of times each year and can lead to devastating effects, including the need for unneeded surgery and long hospital stays and unnecessarily aggressive treatment. A misdiagnosis could lead to death, as in some cases involving severe injury or illness.

To establish malpractice, the doctor must have breached his duty to the patient by failing to diagnose an injury or illness correctly. In the majority of instances, proving a doctor's failure to live up to the standard of care requires a specialized opinion, such as a medical professional with extensive knowledge about the specific illness that is at issue in the case. The expert must also prove that the doctor did not add the disease to their list of differential diagnoses by asking additional questions, conducting more examinations or ordering additional tests as part of the diagnosis process.

A plaintiff also has to prove that the injuries resulting from an incorrect diagnosis result of the breach of duty. This typically involves proving real damages such as past or future medical expenses, lost income or lost due to pain and discomfort diminished life span and Malpractice Lawyer other losses. The plaintiff must also file a lawsuit within the statutes of limitations, which are usually two or three years after the incident was caused.

The wrong procedure

It's not a pleasant thing to hear, but surgeons make the wrong decision on patients around 20 times per week. These surgical errors often cause patients to be faced with unanticipated medical bills and suffering and pain. A skilled medical malpractice lawyer can help you pursue the compensation you require for your losses.

A successful malpractice suit requires a convincing claim of negligence on the part of the doctor in the matter. A claim of malpractice based on a surgery error must prove that the defendant's actions diverged from the usual care that would have been offered by doctors with similar training in similar situations. This can be demonstrated through expert testimony or a thorough analysis of medical documents.

During the discovery phase during the discovery phase, your attorney will share files with the defense team that will be used in your case. These files could include medical and surgical records, lab reports, as well as documentation of your injury. Your lawyer may also interview witnesses to gather evidence to support your case. When you meet with the witness, the attorney opposing you will be able to ask you questions under oath. This is known as a deposition.

Surgery performed on the wrong site is a rare, but serious type of malpractice lawyer. This type of malpractice usually is caused by the doctor who fails to follow the recommendations of a surgeon or a patient's medical history. In this situation it is simple to prove the negligence. However, determining who is liable for the negligence is not always straightforward.

Wrong Drugs

Each year, more than one million Americans are injured or have their health issues worsened by errors in prescription drugs. Doctors must exercise extreme caution when prescribing drugs to ensure that they are safe and appropriate for the patient. If you sustain serious injuries due to a doctor's deviation from standard medical practice it could be a case of negligent.

Sometimes errors don't occur at the doctor's office but rather in the hospital. A nurse could misunderstand the prescription for a medication and then administer the wrong dosage or medication. The pharmacy could also make an error by filling in the incorrect medication or a drug with harmful ingredients.

Medication errors are the most prevalent type of medical malpractice claim which our firm handles. Our firm receives calls from clients who have been prescribed the wrong drug by their doctors, 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 command. We will assist you in determining the value of your damages. This includes medical expenses, lost wages, discomfort and pain that result from injuries you sustained due to the mistake in your medication. 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, high-pressure environments that pose a risk to patients. Doctors are usually under a lot of pressure to attend to as many patients as they can and are required to run tests quickly, communicate with each other and write or read reports while also providing high-quality medical attention to each patient. Unfortunately, these busy environments create mistakes that could result in catastrophic consequences.

ER errors include everything from misdiagnosis of a patient to premature discharge. The majority of ER errors are caused by the absence of a medical history, a mistake in interpretation or test results and a failure consult with specialists. ER staff can also make mistakes in communicating with one another and with patients, for example, not communicating allergies, adverse health conditions or giving incorrect instructions.

In order to be able for a lawsuit based on malpractice the plaintiff must first to demonstrate that the medical professional acted in violation of standard care. The standard of care is defined as the degree of care that a reasonable medical professional could have provided under similar circumstances. The plaintiff is then required to show that this negligence caused their injury and the resulting damages. A successful plaintiff will be able to recover compensation for past or future medical bills as well as pain and suffering, loss of earnings and wages and funeral costs, depending on the circumstances.