Malpractice Litigation

Malpractice litigation is often a lengthy and complex process. It is required for the patient or legally appointed representative to prove that the physician breached the duty of care that was owed to them and that an injury resulted.

There were a variety of proposals made to change the lawful rules governing medical malpractice. The trial and jury system was replaced by an alternative that could cut costs, speed up settlements, eliminate juries that were too generous, and screen out fraudulent claims.

The wrong diagnosis

The misdiagnosis of a patient is among the most common forms of medical malpractice. It occurs millions of times each year, with devastating consequences, including unneeded surgery, lengthy hospitalizations, or invasive treatment. A mistake in diagnosis can cause death, as in certain cases of severe injury or illness.

To prove malpractice law firms, the doctor must have violated his obligation to the patient by failing to diagnose an illness or injury correctly. In most cases, the inability of a doctor to meet the standards of care is proven by an expert opinion. This could be a medical professional who has extensive knowledge of the type of illness in question. The expert must also prove that the doctor did not add the condition to their differential diagnosis list by asking more questions, or making further observations or requesting further tests as part of the diagnosing process.

A plaintiff also needs to prove that the injuries resulting from the incorrect diagnosis were the direct result of the breach of duty. This usually means establishing actual damages, such as future and past medical expenses and lost income, as well as suffering and pain, shortened life expectancy, and other damages. Additionally, the plaintiff must bring the suit within the statute of limitations which is usually two or three years after when the damage occurred.

Wrong Procedure

It may be shocking to learn, but surgeons perform the wrong procedure on patients around 20 times per week. These mistakes could result in unexpected medical expenses and further pain for patients. A medical malpractice lawyer can assist you in obtaining the compensation you're entitled to for your losses.

A successful malpractice case requires a strong claim that the doctor is negligent. A claim of malpractice lawsuits stemming from a surgical error must demonstrate that the defendant's actions diverged from the usual care that would have been offered by a physician with the same training in similar circumstances. This can be achieved through expert testimony and an extensive examination of medical records.

During the discovery phase where your attorney will exchange documents with the defense team to be used in your case. These documents may include medical and surgical reports, lab reports and documents of your injuries. Your lawyer will interview witnesses to gather information regarding your case. During the interview with the witness, the attorney opposing you will inquire about your concerns under the oath. This is known as a deposition.

Wrong-site surgery is a rare but very serious form of malpractice. This kind of malpractice is usually caused by a physician's failure to follow the surgical advice records or the patient's medical records. In this case it's possible to prove that negligence took place. However, determining who should be held liable isn't always easy.

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 care when prescribing drugs to ensure they are appropriate and safe for the patient. If you suffer serious injury because of a doctor's deviation from standard medical treatment there could be malpractice.

Sometimes, the error may not happen in the doctor's office however, but instead at the hospital. A nurse could misunderstand the prescription for a medication and then administer the wrong dosage or medication. A pharmacy could also be negligent by filling the incorrect medication or a medication with harmful ingredients.

Our firm is able to handle the most common medical malpractice claims. Our firm is frequently contacted by clients who have been given the wrong medication by their doctor which resulted in serious injuries or even death. Our lawyers will determine where the error happened within the chain of command and who is accountable for your injuries. We will then help you determine the value of your damages, which could include medical expenses along with lost wages, suffering and pain that results 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 assist you to get the settlement you deserve.

Emergency Room Errors

Emergency rooms are high-stress, high-pressure settings that pose a risk to patients. Doctors are under pressure to care for as many patients as they can. They must also conduct tests quickly, communicate among themselves, and read and write reports while also providing high-quality patient treatment. Unfortunately, these busy environments result in mistakes that could result in devastating consequences.

ER errors can range from misdiagnosis to premature discharge of the patient. The most common causes of ER errors are a lack of medical history and misinterpretation of test results and the inability to consult specialists. ER staff can also make mistakes when communicating with one another 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 bring a malpractice lawsuit, the plaintiff first has to establish that the medical professional infringed on the standard of care. The standard of care is defined as the amount of care that a reasonable medical professional would provide under similar circumstances. The plaintiff must show that the negligence is responsible for their injuries and damages. A successful plaintiff can seek compensation for future or past medical bills including pain and suffering earnings potential and lost wages, and funeral expenses, depending on the circumstances.