Malpractice Litigation

Malpractice litigation can be a long complicated procedure. It requires the patient, or a legally authorized representative, to prove that the physician was obligated to them under a duty of care, that the physician breached that duty and that the injury resulted.

A variety of ideas have been proposed to change legal rules governing malpractice claims. These proposals would replace the trial and malpractice lawsuit jury system with an alternative that would reduce costs, expedite settlements, reduce excessively generous juries, and eliminate fraudulent medical claims.

Misdiagnosis

Misdiagnosis is among the most prevalent forms of medical negligence. It occurs countless times every year, with devastating consequences, such as unnecessary surgery, lengthy hospital stays, or ad hoc treatment. In some instances the wrong diagnosis can cause death.

To prove malpractice law firms the evidence must show that the doctor owed a duty to the patient and breached that obligation by failing to identify the condition or injury correctly. In most cases, the inability of the doctor to provide the required medical care is established by an expert's opinion. This can be a medical professional who has extensive knowledge of the type of illness in question. The expert should also demonstrate that the physician failed to sufficiently add the illness to the list of differential diagnosis using methods like asking further questions, making additional observations, or ordering more tests in the diagnostic procedure.

A plaintiff also needs to prove that the injuries resulting from the misdiagnosis resulted directly from the breach of duty. This typically involves proving real damages such as past or future medical expenses, lost income or lost due to pain and discomfort diminished life span and other damages. Additionally, the plaintiff must file the suit within the statute of limitations, which is typically two or three years from when the damage occurred.

Wrong Procedure

It may shock you to learn that surgeons perform the incorrect procedure on a patient about 20 times per week. These errors in surgery could lead to unanticipated medical expenses and more discomfort for patients. A medical malpractice lawyer can help you receive the compensation you are entitled to for your losses.

A successful malpractice lawsuit (find out here) requires a strong claim of negligence on the part of the doctor in the dispute. A malpractice claim based on a surgery mistake must prove that the defendant's actions diverged from the standard of care that would have been offered by doctors who have similar training in similar circumstances. This can be accomplished by expert testimony and a thorough examination of medical documents.

During the discovery phase during the discovery phase, your attorney will share documents with the defense team that will be used in your case. The documents could include medical and surgical records, lab reports, and documentation of your injuries. Your lawyer will question witnesses to gather information on your case. During the witness interview, you will be questioned under oath, by the opposing counsel. This is known as a deposition.

Wrong-site surgeries are a relatively rare and serious form of malpractice. This type of malpractice is usually triggered by a doctor's failure to follow the surgical recommendation records or the medical records of the patient. In this scenario, it is easy to demonstrate negligence. It's not always simple to determine which surgeon is responsible.

Wrong Drugs

Every year over one million Americans are injured or have their health issues worsened by errors in prescription drugs. Doctors must exercise extreme care when prescribing medications, to ensure that they are appropriate and safe for the patient. If you suffer serious injuries due to the doctor's deviation from standard medical practice this could be considered negligent.

Sometimes the error doesn't occur in the doctor's office, but in the hospital. For example, a nurse might not have a proper understanding of a prescription and give the wrong dosage or medication. A pharmacy may also make an error by filling the incorrect prescription or filling the medication with harmful ingredients.

Our firm is able to handle the most frequent medical malpractice claims. Our firm is frequently contacted by clients who were prescribed the wrong medicine by their doctor and have suffered severe injuries or even death. Our lawyers will identify the place where the error occurred in the chain of command and determine who is accountable for your injuries. We will assist you in determining the value of your losses. This would include medical expenses, lost wages, discomfort and pain that result from injuries that you 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 which can be hazardous for patients. Doctors are usually under a lot of pressure to see as many patients as possible and must run tests quickly and be in constant communication with each other and read or write reports all while providing quality medical care to each patient. These hectic environments can lead to errors that can have catastrophic consequences.

ER errors can range from misdiagnosis, to premature discharge of the patient. The majority of ER errors result from an absence of medical history, misinterpretation of test results or interpretation and a failure consult specialists. ER staff can make errors when communicating between themselves and patients, such as not communicating a patient's symptoms of allergies, health issues or other conditions or giving incorrect instructions.

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 amount of care that an honest medical professional with the same education and experience would have given in similar circumstances. The plaintiff must then show that this negligence caused their injury and damages. A successful plaintiff can seek compensation for future or past medical bills, pain and suffering, loss of earnings and wages, and funeral expenses, depending on the circumstances.