Malpractice Litigation

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

Many proposals have been put forward to alter the legal rules that govern malpractice Attorney claims and replace the jury and trial system with an alternative that would reduce costs, expedite settlements, eliminate excessively generous juries and screen out unnecessary medical claims.

The wrong diagnosis

Medical malpractice is usually caused by incorrect diagnosis. It occurs countless times every year, resulting in devastating consequences, including unnecessary surgery, prolonged hospitalizations, or invasive treatment. In some instances the wrong diagnosis can result in death.

To prove malpractice, it must be demonstrated that the doctor was bound by a duty to the patient and breached that obligation by not diagnosing the injury or illness correctly. In the majority of cases, the inability of the doctor to provide the required care is demonstrated by an expert's opinion. This could be an expert medical professional who has extensive knowledge of the type of illness that is being investigated. The expert must also prove that the physician failed to sufficiently add the illness to the list of differential diagnosis by using methods like asking additional questions, conducting further examinations or requesting further tests to aid in the diagnostic process.

A plaintiff must also demonstrate that the injuries resulting from the misdiagnosis result of the breach of duty. This usually involves proving actual damages like past or future medical expenses, income loss as well as pain and discomfort, shortened life span and other damages. The plaintiff must also file the lawsuit within the limitations period that are typically two or three years after the damage was caused.

Unskillful Procedure

It can be shocking to learn that surgeons perform the wrong procedure on a patient around 20 times a week. These errors in surgery could lead to unexpected medical expenses and further discomfort for patients. An experienced medical malpractice lawyer could help you obtain the compensation you deserve for your losses.

A successful malpractice case requires a strong argument that the physician is negligent. A claim of negligence stemming from a surgical error must show that the defendant's course of action was different from the norm of care that would be provided by similarly trained doctors in similar circumstances. This can be done through expert testimony and an extensive review of medical documents.

During the discovery process your attorney and defense team will share pertinent documents for use in your case. These documents could include medical and surgical documents, lab reports, and documentation of your injuries. The lawyer will also question witnesses to gather information to support your case. When you meet with the witness, the attorney opposing you will inquire about your concerns under the oath. This is referred to as a deposition.

Surgery performed on the wrong site is a rare, but serious form malpractice. This kind of negligence is usually caused by a doctor's inability to adhere to the surgical recommendations or the patient's medical record. In this instance it's possible to prove that negligence occurred. It's not always easy to decide the surgeon who should be held accountable.

Wrong Drugs

Drug-related errors can cause injuries or worsening health conditions in more than a half a million Americans every year. Doctors must exercise extreme care when prescribing medications to ensure that they are safe and suitable for the patient. If a doctor's prescription is not in accordance with the medical standard of treatment and you suffer an injury as consequence, it could be considered to be malpractice.

Sometimes, the error doesn't happen at the doctor's office but in the hospital. For instance nurses could miss-read a prescription and prescribe the wrong dosage or medication. The pharmacy could also make a mistake when filling a prescription with the wrong medication or a medication with harmful ingredients.

Our firm handles the most common medical malpractice cases. We receive calls from patients whose doctors prescribed them the incorrect medication, causing them to suffer serious injuries, or even death. Our lawyers will determine who was responsible for the injury and where the error occurred within the chain of command. We will help you assign a value to your damages, which would include any medical expenses or lost wages as well as the pain and suffering that resulted 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 in obtaining the settlement you require.

Emergency Room Errors

Emergency rooms are high-stress, high-pressure settings that can be dangerous for patients. Doctors are usually under pressure to take on as many patients as possible and run tests as quickly as they can, communicate with each other, and read or write reports while providing top-quality medical attention to every patient. However, these hectic environments can create mistakes that could have catastrophic consequences.

ER errors can include anything from misdiagnosis and premature discharge of a patient. The most frequent causes of ER errors are inadequate medical history and misinterpretation of test results and a failure to consult specialists. ER staff may also make mistakes when communicating with each other or with the patient such as not mentioning a patient's allergies or adverse health conditions or giving incorrect instructions to nurses.

In order to be able for a lawsuit for malpractice attorneys the plaintiff first needs to prove that the medical professional did not follow standard care. The standard of care refers to the level of care that an honest medical professional with the same training and experience would have offered in similar circumstances. The plaintiff must show that negligence was the reason for their injury and damages. A successful plaintiff will be able to recover compensation for future or Malpractice Attorney past medical bills, pain and suffering, loss of earnings and wages and funeral expenses, depending on the circumstances.