Malpractice Litigation

The process of bringing a lawsuit for malpractice law firm is usually a lengthy and complex procedure. It is required for the patient or an legally appointed representative to show that the physician breached the duty of care that was owed to them and that an injury resulted.

Various proposals have been made to change the legal rules governing malpractice claims. These proposals would replace the jury and trial system by a different system that will reduce costs, speed settlements, reduce excessively generous juries, Malpractice lawyer and eliminate unsubstantial medical claims.

The wrong diagnosis

Misdiagnosis is one of the most common forms of medical negligence. It occurs millions of times every year, with devastating consequences, such as unnecessary surgical procedures, prolonged hospitalizations, or invasive treatment. In some instances a mistake in diagnosis can cause death.

In order to prove malpractice, a doctor must have breached his duty to the patient by not diagnosing an injury or illness in a timely manner. In most instances, proving that the doctor's inability to adhere to the standard of care requires an expert opinion, such as that of an expert medical professional with a deep understanding of the type of illness involved in the instance. The expert must also prove that the doctor did not add the condition to their list of differential diagnoses by asking more questions, conducting more examinations or requesting additional tests in the diagnosis procedure.

A plaintiff must also prove that the injuries resulting from a misdiagnosis are a direct result of the breach of duty. This usually involves proving actual damages like past or future medical expenses, lost income, pain and discomfort, shorter life spans and other damages. The plaintiff must also file the suit within the limitations period that are typically two or three years after the injury was incurred.

Unskillful Procedure

It could be a shock to learn that surgeons execute the incorrect procedure on a patient approximately 20 times per week. These surgical errors can result in unanticipated medical costs and additional pain for patients. An experienced medical malpractice lawyer can help you pursue the compensation you require for your losses.

A successful malpractice suit requires a convincing argument that the doctor was negligent. A claim of malpractice based on a surgery error must demonstrate that the defendant's actions deviated from the usual care that would have been provided by doctors with similar training in similar circumstances. This can be done through expert testimony as well as a thorough review of medical records.

During the discovery phase, your attorney will exchange documents with the defense team that will be used in your case. These documents could include medical and surgery documents, lab reports and evidence of your injury. Your lawyer may also interview witnesses to gather evidence for your case. During the interview with a witness, the attorney opposing you will ask you questions under swearing. This is called a deposition.

Wrong-site surgeries are a relatively rare and serious form of malpractice. This kind of malpractice is usually triggered by a doctor's inability to follow the surgical guidelines or the medical records of the patient. In this case, it is easy to prove the negligence. However, determining who should be held liable is not always easy.

Wrong Drugs

Drug-related errors can cause injuries or worsening health conditions in more than half a million Americans every year. Doctors should exercise extreme caution when prescribing medication 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 result, it could be malpractice.

Sometimes the error does not happen in the doctor's office, but rather at the hospital. A nurse might misunderstand the prescription and give the wrong dosage or medication. A pharmacy might also commit an error in filling the incorrect prescription or filling the medication with harmful ingredients.

Medication errors are the most prevalent type of medical malpractice lawyers claim that our firm deals with. We receive calls from clients who's doctor prescribed them the wrong medication, leading them to suffer severe injuries and even death. Our attorneys will determine who is accountable for the accident and where the error occurred in the chain of command. We will help you determine the value of your damages. This would include medical expenses or lost wages as well as suffering and pain that results from the injuries you sustained as a result of the medication error. The more serious your injuries, then the greater your damages. You deserve adequate compensation. We can help you get the settlement you deserve.

Emergency Room Errors

Emergency rooms are often 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 must also conduct tests quickly, interact with themselves and write and read reports and provide high-quality patient treatment. However, these hectic environments can result in mistakes that could cause catastrophic harm.

ER errors can range from misdiagnosis, to premature discharge of the patient. The majority of ER errors result from the absence of medical history, mistake in interpretation or test results or a failure to consult with specialists. ER staff may also make mistakes when communicating with each other or with the patient such as not mentioning the patient's allergies or health conditions or giving incorrect instructions to nurses.

To be able to establish grounds for a malpractice claim, the plaintiff must first demonstrate that the medical professional acted in violation of the standard of care. The standard of care is the standard of care that a reasonable medical professional with the same education and experience would provide in similar circumstances. The plaintiff must prove that negligence was the reason for their injuries and damages. A successful plaintiff may be able to obtain compensation for past or future medical bills along with pain and suffering, earnings potential and lost wages, and funeral expenses, when applicable.