Malpractice Litigation

Malpractice litigation is often an extended and complex procedure. It is essential for the patient or a legally appointed representative to prove that the physician violated the duty of care that was owed to them and that an injury resulted.

Various proposals have been made to modify the rules of law governing malpractice claims. These proposals would replace the jury and trial system with a new system that would reduce costs, speed settlements, eliminate overly generous juries and filter out frivolous medical claims.

Misdiagnosis

Misdiagnosis is one of the most common forms of medical malpractice. It occurs millions of times each year and can lead to devastating effects, including the need for unneeded surgery lengthy hospital stays and excessively aggressive treatment. In some cases, a misdiagnosis may even result in death.

To prove that there was a malpractice, the doctor must have breached his duty to the patient by not diagnosing an injury or illness correctly. In the majority of cases, the inability of a doctor to provide the required treatment is confirmed by an expert's opinion. This could be a medical professional with extensive knowledge of the type of disease in question. The expert must also show that the doctor did not add the condition to their differential diagnosis list by asking additional questions, making more observations, or ordering further tests to aid in the diagnosis procedure.

A plaintiff must also prove that the injuries resulting from the mistake were a direct result of the breach of duty. This usually involves proving actual damages such as past or future medical expenses, loss of income in the form of pain and discomfort, shortened life span and other damages. Additionally, the plaintiff must bring the lawsuit within the time frame of the statute of limitations, which is typically two or three years from the date of the incident.

Incorrect Procedure

It may be shocking to learn that surgeons carry out the wrong procedure on a patient about 20 times a week. These errors in surgery can result in unanticipated medical costs as well as additional pain for patients. An experienced medical malpractice lawyer could help you pursue the compensation you need for your losses.

A successful malpractice case requires a convincing claim of negligence on the part of the doctor in the case. A claim of malpractice stemming from a surgical error must demonstrate that the defendant's actions were different from the usual care that would have been offered by a physician with the same training in similar situations. This can be accomplished by expert testimony and a thorough examination of medical documents.

During the discovery process, your attorney and the defense team will share pertinent documents for use in your case. These documents could include medical and surgical reports, lab reports and documents of your injuries. Your lawyer may also interview witnesses to gather information to support your case. During the interview you will be questioned under oath, by the opposing counsel. This is referred to as a deposition.

Wrong-site surgery is a rare but very serious form of malpractice. This kind of malpractice typically is caused by an individual doctor who does not follow surgical recommendation records or a patient's medical history. In this situation, it is easy to demonstrate the negligence. However, determining which surgeon is liable for the negligence isn't always easy.

Wrong Drugs

Every year, more than a million Americans are injured or have their health conditions worsened by drug errors. Doctors must exercise extreme caution when prescribing drugs, Firm to ensure that they are safe and appropriate for the patient. If you suffer serious injury because of the doctor's deviation from standard medical care, it could be negligence.

Sometimes the error does not occur at the doctor's office or in the hospital. For instance, a nurse might not have a proper understanding of a prescription and give the wrong dosage or medication. The pharmacy could also make mistakes by filling incorrect medication or a drug that contains harmful ingredients.

Medication errors are the most common kind of medical malpractice law firms claim that our firm handles. Our firm receives calls from clients who have been given the wrong medication by their physicians that resulted in severe injuries or even death. Our attorneys will work to determine where the error happened in the chain of command and who is responsible for your injuries. We will help you determine the amount of your damages. This would include medical expenses, lost wages, discomfort and pain caused by injuries sustained as a result of the mistake in your medication. The more severe your injuries, the greater your damages. You deserve adequate compensation. We can help you get the compensation you deserve.

Emergency Room Errors

Emergency rooms are high-stress, high pressure environments that could be dangerous for patients. Doctors are often under a lot of pressure to treat as many patients as possible and must run tests quickly and also communicate with each other and write or read reports while also providing high-quality medical care to each patient. However, these hectic environments can cause mistakes that could result in catastrophic consequences.

ER errors can include anything from misdiagnosis to premature discharge of patients. The most common causes of ER errors are inadequate medical history or misinterpretation of test results and a failure to speak with specialists. ER staff could also make mistakes in communicating with each other and with patients, for example, failing to communicate a patient's symptoms of allergies, health issues or other conditions or giving incorrect directions.

To have a basis for a malpractice lawsuit, the plaintiff must first establish that the medical professional breached the standard of care. The standard of care is the level of care that an honest medical professional with the same education and experience would have offered in similar circumstances. The plaintiff is then required to show that negligence led to their injury and the resulting damages. A successful plaintiff may recover compensation for past and future medical bills, physical pain and suffering as well as loss of wages and earning capacity, funeral expenses and funeral costs where applicable.