Malpractice Litigation

Malpractice litigation is often a long and complicated process. It requires the patient, or a legally-appointed representative, to prove that the doctor was bound by a duty of care, and that the doctor breached that duty and that injuries resulted.

Various proposals have been made to modify the rules of law governing malpractice claims and replace the jury system and trial with a new system that would reduce costs, expedite settlements, end overly large juries and screen out frivolous medical claims.

Misdiagnosis

Medical malpractice is usually caused by mistaken diagnosis. It occurs in a multitude of instances every year, and can have devastating consequences, including unneeded surgeries, long hospitalizations, or invasive treatment. In some cases the wrong diagnosis can cause death.

To prove that there was a malpractice it must be proven that the doctor owed a duty to the patient and breached the obligation by failing to identify the illness or injury properly. In the majority of cases, inability of a doctor to meet the standard of care is proven by an expert opinion. This could be an expert in medicine who has vast knowledge of the kind of illness in question. The expert should also demonstrate that the physician failed to sufficiently add the illness to his or her list of differential diagnosis by using methods such as asking additional questions, observing further or ordering additional tests to aid in the diagnostic process.

A plaintiff must also show that the injuries resulting from the misdiagnosis result of the breach of duty. This usually means proving actual damages such as past or future medical expenses, malpractice lawsuit lost income in the form of pain and discomfort, shortened life span and other expenses. Finally, the victim must bring the lawsuit within the statute of limitation which is typically two or three years after the date of the injury.

Wrong Procedure

It's shocking to learn that surgeons carry out the wrong procedure on a patient approximately 20 times a week. These surgical errors can lead to unexpected medical expenses and further discomfort for patients. An experienced medical malpractice attorneys lawyer could assist you in obtaining the reimbursement you require for your losses.

A successful malpractice suit requires a strong claim that the doctor is negligent. A claim of negligence stemming from a surgical error must show that the defendant's course action was different from the norm of care that would be provided by similarly skilled doctors in similar situations. 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 that will be used in your case. These files could comprise medical and surgical reports, lab reports, and evidence of your injury. The lawyer will interview witnesses in order to collect information about your case. During the interview with a witness, you will be asked questions under oath by opposing counsel. This is referred to as a deposition.

The wrong-site procedure is a very rare, but serious form of malpractice. This kind of malpractice typically involves an error by an individual doctor who does not follow surgical recommendation records or the medical history of a patient. In this case it's easy to prove that negligence took place. However, determining which surgeon should be held responsible is not always straightforward.

Wrong Drugs

Every year, more than one million Americans are injured or have their health issues worsened due to drug-related errors. Doctors must take extreme care when prescribing medicines to ensure that they are safe and appropriate for the patient. If a doctor's prescription is not in accordance with the medical standard of treatment and you suffer an injury as a result, it may be considered malpractice.

Sometimes the error doesn't occur in the doctor's office, but rather in the hospital. A nurse could misunderstand a prescribed medication and administer the wrong dose or medication. A pharmacy could also make an error by filling the wrong medication or a medication with harmful ingredients.

Our firm deals with the most frequent medical malpractice claims. Our firm gets calls from clients who have been prescribed the wrong medication by their physicians, malpractice lawsuit resulting in severe injuries or even death. Our attorneys will determine who was responsible for the injuries and determine where the error occurred within the chain of command. We will then assist you to assign a value to your damages, which could include any medical expenses or lost wages as well as suffering and pain resulting from the injuries you sustained due to the medication error. The more severe your injuries, the greater your damages. You deserve adequate compensation. We can assist you to get the settlement you deserve.

Emergency Room Errors

Emergency rooms can be high-stress and high-pressure environments. This could be hazardous for patients. Doctors are under pressure to care for as many patients as they can. They also have to conduct tests quickly, communicate among themselves and write and read reports, all while providing quality patient treatment. However, these hectic environments can create mistakes that could result in catastrophic consequences.

ER errors can include anything from misdiagnosis to premature discharge of the patient. The majority of ER errors are caused by an absence of medical history, a misinterpretation of test results or interpretation and a failure consult with specialists. ER staff may make errors in communicating with one another or with the patient, such as not communicating the patient's allergies or other health conditions, or not giving the correct instructions to nurses.

To be able to establish grounds for a malpractice lawsuit (Highly recommended Resource site), the plaintiff has to first prove that the medical professional acted in violation of the standard of care. The standard of care refers to the level of care that a reasonable medical professional with the same education and experience would have given in similar circumstances. The plaintiff must prove that negligence was the cause for their injuries and damages. A successful plaintiff can recover compensation for future or past medical bills as well as pain and suffering, lost earnings and earning potential as well as funeral expenses depending on the circumstances.