Malpractice Litigation

The process of bringing a lawsuit for malpractice is usually a lengthy and complex process. It requires the patient or a legally authorized representative, to prove that the physician had a duty to care, that the physician violated that duty, and that injury resulted.

Various proposals have been made to change legal rules governing malpractice lawsuits claims. They propose to replace the trial and jury system by a different system that will reduce costs, speed settlements, eliminate overly generous juries and filter out unnecessary medical claims.

Undiagnosed

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

To prove malpractice, it must be demonstrated that the doctor was bound by obligations to the patient and breached that obligation by failing to identify the injury or illness correctly. Most of the time, the inability of the doctor to meet the standards of care is demonstrated through an expert opinion. This can be a medical professional with vast knowledge of the kind of illness being examined. The expert must also show that the physician did not sufficiently add the illness to the list of differential diagnosis using methods like asking additional questions, observing further or ordering additional tests as part of the diagnostic procedure.

A plaintiff must also show that the injuries caused by a misdiagnosis are a direct result from the breach of duty. This usually means proving actual damages such as past or future medical expenses, lost income as well as pain and discomfort, reduced life span, and other losses. The victim must also file the suit within the statutes of limitations which usually are two or three years after the harm was caused.

Wrong Procedure

It can be shocking to learn, but surgeons make the wrong decision on a patient approximately 20 times per week. These surgical mistakes could lead to unexpected medical expenses and further suffering for patients. A skilled medical malpractice lawyer can help you pursue the compensation you deserve for your losses.

A successful malpractice lawsuit requires a convincing case of negligence on the part of the physician in the case. A malpractice claim caused by a surgical error must prove that the defendant's actions differed from the standard of care that would have been provided by physicians with similar training in similar situations. This can be accomplished through expert testimony and a thorough review of medical records.

During the discovery phase where your attorney will exchange documents with the defense team that will be used in your case. These documents may include medical and surgical documents, lab reports, and the documentation of your injuries. Your lawyer will question witnesses in order to gather information on your case. During the interview, you will be questioned under oath from the opposing counsel. This is referred to as a deposition.

Surgery that is performed at the wrong site is a relatively rare but very serious form of malpractice. This kind of error is usually caused by a physician's failure to adhere to the surgical recommendations or the medical records of the patient. In this instance it's easy to demonstrate that negligence was the cause. However, determining who is liable for the negligence is not always easy.

Wrong Drugs

Drug-related errors can cause injuries or worsening health conditions in more than a half million Americans each year. Doctors must exercise extreme caution when prescribing medication to ensure that they are safe and suitable for malpractice Lawsuit the patient. If you sustain serious injuries because of a doctor's deviations from the standard medical procedure there could be malpractice.

Sometimes errors don't occur at the physician's office but 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 an error in filling the incorrect medication or a drug with harmful ingredients.

Medication errors are the most prevalent type of medical malpractice claim which our firm handles. We receive calls from patients who's doctors prescribed the wrong medication, which caused them to suffer severe injuries or even death. Our attorneys will determine who is responsible for the injury and where the error occurred within the chain of command. We will help you determine the value of your losses. This could include medical expenses, lost wages and discomfort and pain resulting from injuries sustained as a result of the error in your medication. The more severe your injuries, the more the damages. You deserve adequate compensation. We can assist you in obtaining the compensation you need.

Emergency Room Errors

Emergency rooms can be stressful and high-pressure environments. This can be dangerous for patients. Doctors are often under a lot of pressure to take on as many patients as they can and are required to run tests quickly and be in constant communication with each other and write or read reports all while providing quality care to every patient. Unfortunately, these busy environments cause mistakes that could cause catastrophic harm.

ER errors can include anything from misdiagnosis, to premature discharge of a patient. The most frequent causes of ER errors are a lack of medical history as well as misinterpretation of results from tests and a failure to consult specialists. ER staff can also make mistakes in communicating with one another or with patients, such as not communicating the patient's allergies or health conditions, or not giving the correct instructions to nurses.

In order to have grounds for a malpractice lawsuit, the plaintiff must first establish that the medical professional acted in violation of the standard of care. The standard of care is defined as the degree of care that a reasonable medical professional would have provided under similar circumstances. The plaintiff has to prove that this negligence caused their injury and damages. A successful plaintiff can recover compensation for future and past medical bills, physical suffering in addition to loss of wages, earning capacity, funeral expenses and funeral costs where appropriate.