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Malpractice litigation can be a lengthy and complex process. It requires the patient, or a legally appointed representative, to prove that the doctor owed them a duty of care, that the doctor violated the duty and injury resulted.
A variety of ideas have been proposed to modify the rules of law governing malpractice claims. They propose to 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.
Undiagnosed
Misdiagnosis is among the most prevalent forms of medical negligence. It happens millions of times each year and can have devastating consequences, like a need for unnecessary surgery or long hospital stays and unnecessarily aggressive treatment. In some instances the wrong diagnosis can cause death.
To prove that there was a malpractice the evidence must show that the doctor owed a duty to the patient and breached that obligation by failing to identify the injury or illness properly. In most instances, proving that the doctor's failure to live up to the standards of care requires a specialized opinion, such as an expert in medical practice who is knowledgeable about the specific illness that is at issue in the instance. The expert must also prove that the physician did not properly add the condition to the list of differential diagnosis using methods like asking additional questions, making further observations or requesting further tests to aid in the diagnostic process.
A plaintiff must also show that the injuries caused by the misdiagnosis were the direct result of the breach of duty. This usually involves proving actual damages such as past or future medical expenses, income lost, pain and discomfort, reduced life span, and other losses. The plaintiff must also file the suit within the limitations period which typically are two or three years after the injury occurred.
Wrong Procedure
It's not a pleasant thing to learn that surgeons perform the wrong procedure on a patient around 20 times per week. These errors in surgery could lead to unanticipated medical expenses and more suffering for patients. An experienced medical malpractice lawyer can assist you in obtaining the reimbursement you deserve for your losses.
A successful malpractice lawsuit requires an enviable claim of negligence on the part of the doctor in the dispute. A claim of negligence due to an error in surgery must prove that the defendant's course of action deviated from the standard of care that would be provided by similarly skilled physicians in similar circumstances. This can be done through expert testimony as well as a thorough review of medical documents.
During the discovery process your attorney and defense team will share relevant documents to use in your case. The documents could comprise medical and surgical reports, lab reports, and documentation of your injury. The lawyer will also question witnesses to gather evidence to support your case. During the interview with a witness, the attorney opposing you will be able to ask you questions under swearing. This is known as a deposition.
Surgery performed on the wrong site is a rare, but serious form malpractice. This type of malpractice is usually caused by a physician's failure to follow the surgical advice records or the patient's medical records. In this instance it is possible to prove that negligence took place. However, determining which surgeon should be held responsible is not always straightforward.
Wrong Drugs
Drug errors can cause injuries or worsening health issues in more than a half million Americans each year. Doctors must take extreme care when prescribing drugs to ensure that they are safe and appropriate for the patient. If the doctor's actions are not in line with the medical standard of care and you suffer a severe injury as a result, it may be considered malpractice.
Sometimes, the error may not occur in the doctor's office and instead occurs at the hospital. For example a nurse may miss-read a prescription and prescribe the wrong medication or dosage. A pharmacy may also be negligent by filling the incorrect medication or using harmful ingredients.
Medication errors are the most prevalent type of medical malpractice law firms claim which our firm handles. We get calls from clients whose doctors prescribed them the wrong medication, which caused them to suffer serious injuries or even death. Our lawyers will determine where the error happened within the chain of command and who's accountable for your injuries. We will help you determine the amount of your damages. This could include medical expenses, lost wages, and pain and discomfort resulting from injuries sustained as a result of the mistake in your medication. The more severe your injuries, the greater the damages. You deserve adequate compensation. We can help you obtain the settlement you require.
Emergency Room Errors
Emergency rooms can be stressful and high-pressure environments. This can be dangerous for patients. Doctors are under pressure to care for as many patients as they can. They also must conduct tests quickly, communicate among themselves, and read and write reports while also providing high-quality patient treatment. However, these hectic environments can lead to mistakes that can have catastrophic consequences.
ER errors can range from misdiagnosis, to premature discharge of patients. Most ER errors result from an absence of medical history, a misinterpretation of test results or interpretation, and a failure to consult with specialists. ER staff may make errors when communicating with one another and with patients, for example, not communicating allergies, health problems or adverse reactions or giving incorrect advice.
In order to be able to bring a case for a malpractice lawsuit the plaintiff must first establish that the medical professional violated the standard of care. The standard of care is the level of care that an honest medical professional with the same training and experience would have provided in similar circumstances. The plaintiff must then show that their negligence caused them injury and damages. A successful plaintiff could recover compensation for past and future medical bills as well as physical pain and suffering in addition to loss of wages, earning capacity, funeral expenses and funeral costs when appropriate.
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