Malpractice Litigation

Malpractice litigation can be a lengthy complex process. It requires the patient, or a legally authorized representative, to prove that the doctor had a duty to care, that the physician violated that duty, and that injuries resulted.

Many proposals have been put forward to modify the rules of law governing malpractice claims. These proposals would replace the trial and jury system by a different system that will reduce costs, speed settlements, eliminate excessively generous juries and filter out fraudulent medical claims.

Undiagnosed

The misdiagnosis of a patient is among the most prevalent forms of medical malpractice. It occurs millions of times every year, and can result in devastating consequences, including the need for surgery that is not needed and long hospital stays and unnecessary treatment. In some cases a mistake in diagnosis can cause death.

To prove that there was a malpractice, it must be demonstrated that the doctor was bound by the patient a duty and violated this obligation by failing to recognize the condition or injury correctly. In most cases, proving the doctor's failure to live up to the standard of care requires an expert opinion, such as that of an expert medical professional with extensive knowledge about the type of illness involved in the case. The expert must also prove that the doctor did not sufficiently add the illness to his or her list of differential diagnosis by using methods such as asking more questions, conducting further examinations or requesting further tests to aid in the diagnostic procedure.

A plaintiff must also show that the injuries resulting from the misdiagnosis were the direct result of the breach of duty. This typically involves proving actual damages, such as future and past medical expenses as well as lost income, pain and suffering, shortened life expectancy and other losses. Additionally, the plaintiff must file the lawsuit within the statute of limitation, which is typically two or three years from the date of the incident.

Wrong Procedure

It may shock you to learn that surgeons perform the incorrect procedure on a patient around 20 times a week. These surgical errors can result in unanticipated medical costs as well as additional suffering for patients. A medical Thornton malpractice lawyer lawyer can assist you in obtaining the compensation you deserve for your losses.

A successful malpractice case requires 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 standard of care that would have been offered by a physician with the same training in similar situations. This can be achieved through expert testimony and a thorough examination of medical documents.

During the discovery process, your attorney and the defense team will exchange relevant files for use in your case. These documents may include medical and surgery records, lab reports, and evidence of your injury. Your lawyer will question witnesses to gather information about your case. During the interview with a witness, you will be questioned under oath from the opposing counsel. This is referred to as a deposition.

The wrong-site surgery is a very rare and serious form of mission viejo malpractice law firm. This kind of malpractice typically is the result of an individual doctor who does not follow the recommendations of a surgeon or the medical history of a patient. In such a situation it is simple to prove the negligence. However, determining which surgeon is liable for the negligence is not always simple.

Wrong Drugs

Drug errors can lead to injury or worsen health conditions in more than half a million Americans each year. Doctors must exercise extreme caution when prescribing medications, to ensure that they are safe and appropriate for the patient. If the doctor deviates from the medical standard of care and you suffer serious injury as the result, it could be considered to be malpractice.

Sometimes, the error may not happen in the doctor's office and instead occurs at the hospital. For example the nurse could mistakenly interpret a prescription, and then administer the wrong medication or dosage. The pharmacy could also be negligent by filling the incorrect medication or one with harmful ingredients.

Our firm handles the most common medical malpractice cases. Our firm is frequently contacted by clients who have been given the wrong medication by their medical professionals which resulted in serious injuries or even death. Our lawyers will determine the source of the error in the chain of command and who is responsible for your injuries. We will assist you in determining the value of your losses. This would include medical expenses, lost wages and discomfort and pain that result from injuries sustained as a result of the medication mistake. The greater the severity of your injuries, the greater your damages. You deserve adequate compensation. We can help you receive the settlement you deserve.

Emergency Room Errors

Emergency rooms are high-stress, high-pressure settings that can be dangerous for patients. Doctors are often under pressure to take on as many patients as they can and must conduct tests swiftly, communicate with each other and write or read reports all while providing quality care to every patient. However, these hectic environments can cause mistakes that could cause catastrophic harm.

ER errors can include anything from misdiagnosis, to premature discharge of patients. The majority of ER errors are caused by an absence of medical history, incorrect interpretation of test results or diagnosis and a failure consult with specialists. ER staff could also make mistakes in communicating with one another and with patients, such as failing to inform patients of health issues, allergies or other medical conditions or giving incorrect advice.

To have a basis for a malpractice lawsuit the plaintiff must first prove that the medical professional acted in violation of the standard of care. The standard of care is defined as the level of care a reasonable medical professional would have provided under similar circumstances. The plaintiff must then show that negligence caused the injury and damages. A successful plaintiff will be able to recover compensation for past or future medical bills along with pain and suffering, lost earnings and earning potential, and funeral expenses, depending on the circumstances.