Malpractice Litigation

Malpractice litigation is often an extended and complex process. It requires the patient, or a legally-appointed representative, to prove that the physician had a duty to care, and that the doctor violated that duty, and that harm resulted.

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

Undiagnosed

Medical malpractice is usually caused by mistaken diagnosis. It occurs millions of times every year, resulting in devastating consequences, including unneeded surgery, lengthy hospitalizations, or invasive treatment. An incorrect diagnosis could result in death, there are instances of severe illness or injury.

To prove malpractice, it must be demonstrated that the doctor owed an obligation to the patient and breached that obligation by not diagnosing the injury or illness properly. In most instances, proving a doctor's inability to adhere to the standard of care requires an expert opinion, such as from an expert medical professional who has a vast knowledge of the type of illness at play in the instance. The expert must also demonstrate that the physician did not properly include the disease in the list of differential diagnosis using methods like asking additional questions, observing further or ordering additional tests to aid in the diagnostic procedure.

A plaintiff also needs to prove that the injuries resulting from the misdiagnosis were the direct result of the breach of duty. This typically means proving the actual damages like past or future medical expenses, lost income, pain and discomfort, shortened life span, and other damages. Finally, the victim must bring the suit within the statute of limitations which is usually two or three years after the date of the harm.

Unskillful Procedure

It may shock you to learn that surgeons carry out the incorrect procedure on a patient about 20 times a week. These errors in surgery can lead to unexpected medical expenses and further discomfort for patients. An experienced medical malpractice lawyer could help you pursue the compensation you need for your losses.

A successful malpractice lawsuit requires a strong claim that the physician is negligent. A claim of malpractice based on a surgery error must prove that the defendant's actions diverged from the standard of care that would have been offered by physicians with similar training in similar circumstances. This can be accomplished through expert testimony and a thorough review of medical documents.

During the discovery phase, your attorney will exchange files with the defense team in order to be used in your case. The documents could include medical and surgical documents, lab reports as well as documentation of your injury. The lawyer will interview witnesses in order to gather information regarding your case. During the witness interview, you will be asked questions under oath from the opposing counsel. This is referred to as a deposition.

Surgery performed on the wrong site is a rare, but serious form of malpractice attorney. This type of malpractice is usually caused due to a doctor's failure follow the surgical advice records or the patient's medical record. In this situation it's possible to prove that negligence took place. However, determining which surgeon should be held responsible isn't always easy.

Wrong Drugs

Every year, more than a million Americans are injured or have their health issues worsened by drug errors. Doctors must use extreme care when prescribing medications, to ensure that they are safe and appropriate for the patient. If you sustain serious injuries because of the doctor's deviation from standard medical care there could be negligent.

Sometimes, the error does not occur in the doctor's office or in the hospital. A nurse may misread an order for medication and prescribe the wrong dose or medication. A pharmacy could also make an error in filling the wrong prescription or filling a medicine that contains harmful ingredients.

Medication mistakes are the most frequent kind of medical malpractice case which our firm handles. We get calls from clients who's doctors prescribed them the wrong medication, causing them to suffer severe injuries, and even death. Our attorneys will determine who is responsible for the accident and where the error occurred in the chain of commands. We'll then help determine the value of your damages, which would include medical expenses along with lost wages, pain and suffering resulting from the injuries you suffered because of the medication error. The more severe your injuries, the greater the damages. You deserve adequate compensation. We can assist you in obtaining the compensation you need.

Emergency Room Errors

Emergency rooms are high-stress and high-pressure environments that can be dangerous for Malpractice Lawyer patients. Doctors are often under a lot of pressure to attend to as many patients as they can and run tests as quickly as they can and be in constant communication with each other and read or write reports while also providing high-quality medical care to every patient. Unfortunately, these busy environments result in mistakes that could have catastrophic consequences.

ER errors include everything from mistaken diagnosis of a patient, to premature discharge. The majority of ER errors are caused by the absence of medical history, a incorrect interpretation of test results or diagnosis, and a failure to consult with specialists. ER staff can make errors in communicating with each other or with the patient, like not letting a patient's allergies or adverse health conditions, or not giving the correct instructions to nurses.

To have grounds for an action for malpractice the plaintiff first needs to show that the medical professional violated the standard of care. The standard of care is the amount of care that a reasonable medical professional with the same training and experience would have offered in similar circumstances. The plaintiff is then required to show that their negligence caused them injury and damages. A successful plaintiff may be able to obtain compensation for past or future medical bills including pain and suffering loss of earnings and wages and funeral expenses, if applicable.