Malpractice Litigation

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

Many proposals were put forward to alter the rules that govern medical malpractice claims. The trial and jury system was replaced with an alternative that could cut costs and speed up settlements. It would also eliminate juries that were too generous and also screen out fraudulent claims.

Undiagnosed

The misdiagnosis of a patient is among the most common types of medical malpractice. It occurs countless times every year, with devastating consequences, including unneeded surgery, lengthy hospital stays, or even aggressive treatment. A misdiagnosis can even cause death, as in some cases that involve severe illness or injury.

To prove that there was a malpractice, it must be demonstrated that the doctor owed obligations to the patient and breached the obligation by failing to recognize the injury or illness properly. In the majority of cases, failure of the physician to provide the required care is demonstrated by an expert opinion. This can be an expert medical professional who has vast knowledge of the kind of disease in question. The expert must also demonstrate that the physician failed to properly include the disease in his or her list of differential diagnoses by using methods like asking further questions, conducting further examinations, or ordering more tests as part of the diagnosis process.

A plaintiff must also show that the injuries caused by an incorrect diagnosis result from the breach of duty. This usually means establishing damages that are actual, such as future and past medical expenses loss of income, suffering and pain, shortened life expectancy and other damages. Finally, the victim must file the lawsuit within the statute of limitations which typically is two or three years after the date of the harm.

Unskillful Procedure

It may shock you to learn that surgeons execute the wrong procedure on a patient around 20 times per week. These surgical errors often result in patients suffering unanticipated medical expenses and additional pain and suffering. An experienced medical malpractice lawyer could help you obtain the compensation you deserve for your losses.

A successful malpractice suit requires a convincing argument that the doctor is negligent. A malpractice claim that is based on a surgical error must show that the defendant's actions were different from the standard care that would have been offered by doctors with similar training in similar situations. This can be accomplished by expert testimony and an extensive examination of medical documents.

During the discovery phase, your attorney will exchange files with the defense team to be used in your case. The documents could include medical and surgical records, lab reports, and evidence of your injuries. Your lawyer will also speak with 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 swearing. This is called a deposition.

Wrong-site surgeries are a rare yet serious form of malpractice. This type of malpractice lawsuit usually is the result of an individual doctor who does not adhere to the surgical recommendations or the medical history of a patient. In this situation it is simple to establish the negligence. However, determining who should be held liable is not always straightforward.

Wrong Drugs

Every year, over a million Americans are injured or have their health issues worsened due to drug-related errors. Doctors must exercise extreme caution when prescribing medicines, to ensure that they are safe and appropriate for the patient. If you suffer serious injury because of a doctor's deviation from standard medical care there could be malpractice.

Sometimes errors don't occur in the doctor's office, but in the hospital. For instance the nurse could mistakenly interpret a prescription, and then administer the wrong dosage or medication. A pharmacy may also make an error in filling the incorrect prescription or filling the medication with harmful ingredients.

Medication mistakes are the most frequent kind of medical malpractice case that our firm handles. Our firm is frequently contacted by clients who were prescribed the wrong drug by their physicians, resulting in severe injuries or even death. Our lawyers will determine where the error occurred within the chain of command and determine who is accountable for your injuries. We will then assist you to determine the value of your damages, which will include any medical costs, lost wages, and pain and suffering resulting from the injuries you sustained because of the error in your medication. The more serious your injuries, the more you'll be liable. You deserve adequate compensation. We can assist you to get the settlement you deserve.

Emergency Room Errors

Emergency rooms are high-stress, high pressure environments which can be hazardous for patients. Doctors are under pressure to take care of as many patients as they can. They must also run tests quickly, interact with themselves and write and read reports and provide high-quality patient treatment. These busy environments can lead to mistakes with devastating consequences.

ER errors can range from mistakes in diagnosis to premature discharge. Most ER errors are caused by the absence of medical history, a misinterpretation of test results or interpretation or failure to consult with specialists. ER staff could make errors when communicating with each other and patients, for example, not communicating health issues, allergies or other medical conditions or giving incorrect instructions.

In order to be able to bring a case to bring a malpractice suit, the plaintiff must first establish that the medical professional violated the standard of care. The standard of care is defined as the degree of care that a reasonable medical professional would have offered under similar circumstances. The plaintiff is then required to show that this negligence caused their injury and the resulting damages. A successful plaintiff can seek compensation for future or past medical bills, pain and suffering, lost earnings and earning potential and funeral costs, in the event that they are applicable.