Malpractice Litigation

Malpractice litigation can be a lengthy and complex procedure. It is required for the patient or a legally appointed representative to show that the physician violated the duty of care owed them, and that an injury resulted.

Many proposals were put forward to change the lawful rules that govern medical malpractice claims. The trial and jury system was replaced with an alternative that could cut costs and speed settlements, eliminate excessively generous juries and weed out frivolous claims.

Misdiagnosis

The misdiagnosis of a patient is among the most frequent forms of medical negligence. It happens a lot every year and can result in devastating results, such as the need for Malpractice Lawsuit surgery that is not needed or long hospital stays or unnecessarily invasive treatment. In some cases a mistake in diagnosis can result in death.

To establish malpractice law firms, the doctor must have breached his duty to the patient by not diagnosing an injury or illness accurately. In most cases, proving the doctor's inability to adhere to the standard of care requires an expert opinion, such as an expert in medicine who has a vast knowledge of the type of illness involved in the case. The expert should also demonstrate that the doctor failed to adequately add the disease to the list of differential diagnoses using methods such as asking additional questions, making further observations, or ordering more tests as part of the diagnosis process.

A plaintiff must also prove that the injuries caused by the misdiagnosis result of the breach of duty. This usually involves proving actual damages like past or future medical expenses, income lost as well as pain and discomfort, shorter life spans and other losses. The victim must file the lawsuit within the time frame of the statute of limitations which is usually two or three years from the date of the incident.

Unskillful Procedure

It's shocking to learn, but surgeons perform the wrong procedure on a patient approximately 20 times a week. These surgical errors could lead to unanticipated medical expenses and more discomfort for patients. A medical malpractice lawyer can assist you in obtaining the compensation you're due for your losses.

A successful malpractice case requires a strong claim that the doctor was negligent. A claim of negligence based on an error in surgery needs to prove that the defendant's course action deviated from the standards of care that would be offered by similarly trained doctors in similar situations. This can be done through expert testimony and an extensive review of medical records.

During the discovery process your attorney and defense team will exchange pertinent documents for use in your case. These documents could include medical and surgical documents, lab reports as well as documentation of your injury. Your lawyer may also interview witnesses to gather evidence to support your case. In the course of the interview with the witness, the opposing attorney will be able to ask you questions under swearing. This is referred to as a deposition.

Wrong-site surgeries are a relatively rare, but serious form malpractice. This type of malpractice attorneys usually involves an error by a physician who fails to follow the recommendations of a surgeon or the medical history of a patient. In this scenario it is simple to prove the negligence. It's not always easy to determine the surgeon who should be held responsible.

Wrong Drugs

Drug errors can cause injuries or worsening health issues in more than a half a million Americans every year. Doctors must take extreme care when prescribing medication to ensure that they are safe and appropriate for the patient. If you suffer a serious injury because of the doctor's deviation from the standard medical practice, it could be negligence.

Sometimes, the error may not occur in the doctor's office or in the hospital. A nurse might misunderstand the prescription and give the wrong dosage or medication. The pharmacy could also make an error by filling in the incorrect prescription or filling the medication with harmful ingredients.

Medication errors are the most prevalent kind of medical malpractice case that our firm handles. We receive calls from clients who's doctors prescribed them the wrong medication, which caused them to suffer severe injuries and even death. Our lawyers will determine who is accountable for the injury and pinpoint where the error occurred in the chain of commands. We will then assist you to assign a value to your damages. This would include any medical expenses along with lost wages, suffering and pain that results from the injuries you suffered because of the medication error. The more severe your injuries, the greater your damages. You deserve adequate compensation. We can assist you to get the compensation you deserve.

Emergency Room Errors

Emergency rooms are high-stress, high pressure environments which can be hazardous for patients. Doctors are usually under a lot of pressure to see as many patients as they can and run tests as quickly as they can and also communicate with each other and write or read reports all while providing quality medical attention to each patient. Unfortunately, these busy environments lead to mistakes that can have catastrophic consequences.

ER errors can range from misdiagnosis, to premature discharge of patients. The most common causes of ER errors are inadequate medical history, misinterpretation of test results and a failure to consult specialists. ER staff can make errors in communicating with each other or with the patient, such as not communicating a patient's allergies or adverse health conditions, or not giving the correct instructions to nurses.

To be able to establish grounds for a malpractice lawsuit, the plaintiff must first demonstrate that the medical professional acted in violation of the standard of care. The standard of care is defined as the degree of care a reasonable medical professional would have offered under similar circumstances. The plaintiff must then show that their negligence caused them injury and damages. A successful plaintiff could recover compensation for future and past medical bills as well as physical suffering and pain loss of earnings, earning capacity as well as funeral expenses where applicable.