Malpractice Litigation

The process of bringing a lawsuit for malpractice is usually an extended and complex process. It requires the patient or a legally authorized representative, to show that the doctor owed them a duty of care, that the doctor violated the duty and the injury resulted.

Various proposals were made to alter the legal rules governing medical malpractice. The trial and jury system was replaced by an alternative that would lower costs and speed up settlements, remove juries that are too generous and weed out frivolous claims.

Undiagnosed

Misdiagnosis is one of the most common types of medical malpractice. It occurs countless times every year, resulting in devastating consequences, including unnecessary surgeries, long hospital stays, or even aggressive treatment. An incorrect diagnosis could result in death in some cases that involve severe illness or injury.

To establish malpractice, the doctor must have violated his duty to the patient by not diagnosing an injury or illness correctly. In the majority of instances, proving the doctor's failure to live up to the standards of care requires a specialized opinion, such as from an expert in medical practice with a deep understanding of the specific illness that is at issue in the case. The expert must also demonstrate that the physician did not properly add the condition to his or her list of differential diagnosis by using methods like asking further questions, making additional observations or ordering additional tests in the diagnostic process.

A plaintiff also needs to prove that the injuries resulting from the incorrect diagnosis resulted directly from the breach of duty. This usually involves proving actual damages, such as past or future medical expenses, lost income in the form of pain and discomfort, reduced life span, and other losses. The victim must also file the lawsuit within the limitations period that are typically two or three years after the damage occurred.

Wrong Procedure

It might be shocking to learn that surgeons execute the wrong procedure on a patient approximately 20 times per week. These surgical mistakes can lead to unanticipated medical expenses and more discomfort for patients. A medical malpractice lawyer can help you get the compensation you're entitled to for your losses.

A successful crestline malpractice lawyer suit requires a strong claim that the doctor is negligent. A claim of negligence that stems from an error in surgery must prove that the defendant's course action was different from the standard of care that would be offered by similarly trained doctors in similar situations. This can be demonstrated through expert testimony and a thorough review of medical documents.

During the discovery process your attorney and defense team will exchange relevant documents to use in your case. The documents could include medical and surgery documents, lab reports as well as documentation of your injury. Your lawyer will also speak with witnesses to gather evidence for your case. During the interview you will be questioned under oath, by the opposing counsel. This is known as a deposition.

Wrong-site surgery is a rare, but serious form of malpractice. This kind of malpractice typically is caused by a doctor who fails to follow the recommendations of a surgeon or a patient's medical history. In this case it's possible to prove that negligence took place. It's not always easy to determine which surgeon is responsible.

Wrong Drugs

Every year, more than a million Americans are injured or have their health conditions worsened by drug errors. Doctors must exercise extreme caution when prescribing medicines, to ensure that they are appropriate and safe for the patient. If you suffer serious injuries because of a doctor's deviations from the standard medical care this could be considered pleasant grove malpractice law firm.

Sometimes the error doesn't occur at the physician's office but in the hospital. For example nurses could misread a prescription and administer the wrong medication or dosage. The pharmacy could also be negligent by filling in the wrong medication or one with harmful ingredients.

Medication mistakes are the most frequent kind of medical malpractice claim which our firm handles. Our firm gets calls from clients who have been given the wrong medication by their medical professionals which resulted in serious injuries or even death. Our attorneys will work to determine where the error happened within the chain of command and who's responsible for your injuries. We will then help you determine the value of your damages, which could include medical expenses as well as lost wages and suffering and pain resulting from the injuries you suffered as a result of the medication error. The more severe your injuries, then the greater your damages. You deserve adequate compensation. We can help you get the settlement you need.

Emergency Room Errors

Emergency rooms are high-stress, high-pressure settings that can be dangerous for patients. Doctors are usually under a lot of pressure to see as many patients as possible and must run tests quickly and communicate with one another and write or read reports while also providing high-quality care to each patient. Unfortunately, these busy environments lead to mistakes that can have catastrophic consequences.

ER errors can range from misdiagnosis to premature discharging of the patient. The majority of ER errors result from a lack of medical history, incorrect interpretation of test results or diagnosis or failure to consult with specialists. ER staff can make errors in communicating with each other or with patients, such as not mentioning a patient's allergies or adverse health conditions, or not giving the correct instructions to nurses.

To be able to file a malpractice lawsuit the plaintiff first needs to establish that the medical professional infringed on the standard care. The standard of care is the level of care that an honest medical professional with the same training and experience would provide in similar circumstances. The plaintiff must demonstrate that the negligence was responsible for their injuries and damages. A successful plaintiff will be able to recover compensation for future or past medical bills along with pain and suffering, lost wages and earning potential and funeral costs, if applicable.