Malpractice Litigation

Malpractice litigation can be a long complicated procedure. It is necessary for the patient or an legally appointed representative to prove that the physician breached the duty of care owed them and that an injury resulted.

Various proposals were made to change the lawful guidelines governing medical malpractice. The trial and jury system was replaced by an alternative which would reduce costs, speed up settlements, eliminate excessively generous juries and eliminate frivolous claims.

Undiagnosed

Medical malpractice is usually caused by misdiagnosis. It happens millions of times every year, resulting in devastating results, including unnecessary surgery, prolonged hospital stays, or ad hoc treatment. A misdiagnosis can even result in death, in certain cases of severe injuries or illness.

To prove malpractice, the doctor must have breached his duty to the patient by failing to diagnose an injury or illness correctly. Most of the time, the inability of the doctor to meet the standards of medical care is established through an expert opinion. This could be an expert in medicine who has extensive knowledge of the type of illness in question. The expert has to prove that the doctor attorneys did not add the condition to their list of differential diagnoses by asking more questions, observing more or requesting further tests to aid in the diagnosis process.

A plaintiff also has to prove that the injuries resulting from a misdiagnosis are a direct result of the breach of duty. This typically means proving the actual damages like past or future medical expenses, income loss or lost due to pain and discomfort diminished life span, and attorneys other losses. The plaintiff must also file the lawsuit within the time limit of the statute of limitations which usually are two or three years after the damage occurred.

Incorrect Procedure

It's shocking to learn, but surgeons carry out the wrong procedure on a patient around 20 times per week. These surgical errors often result in patients suffering unanticipated medical bills and suffering and pain. A medical malpractice law firm lawyer can help you receive the compensation you are entitled to for your losses.

A successful malpractice suit requires a convincing argument that the physician is negligent. 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 is expected to be offered by similarly trained physicians in similar circumstances. This can be accomplished by expert testimony as well as a thorough review of medical documents.

During the discovery process, your attorney and the defense team will share relevant documents to use in your case. These documents could include surgical and medical documents, lab reports as well as documentation of your injury. Your lawyer will interview witnesses to gather information regarding your case. In the witness interview, you will be asked questions under oath by opposing counsel. This is known as a deposition.

Wrong-site surgeries are a rare yet serious form of malpractice. This kind of malpractice typically involves an error by a physician who fails to follow the recommendations of a surgeon or a patient's medical history. In this situation it's easy to prove that negligence occurred. It's not always easy to decide which surgeon should be held accountable.

Wrong Drugs

Drug errors can cause harm or worsening of health conditions in more than half a million Americans every year. Doctors must exercise extreme caution when prescribing drugs to ensure that they are safe and suitable for the patient. If you suffer a serious injury due to a doctor's deviation from the norm of medical procedure there could be negligent.

Sometimes the error does not occur at the doctor's office or in the hospital. Nurses may misunderstand the prescription and give the incorrect dosage or medication. A pharmacy might also commit an error in filling the wrong prescription or filling a medicine that contains harmful ingredients.

Our firm is able to handle the most common medical malpractice lawsuits claims. We receive calls from patients whose doctors prescribed them the incorrect medication, causing them to suffer serious injuries, and even death. Our attorneys will work to determine where the error happened within the chain of command and determine who is responsible for your injuries. We will help you determine the value of your losses. This includes medical expenses, lost wages, pain and discomfort resulting from injuries you suffered due to the mistake in your medication. The more serious your injuries, then the more damages you will incur. You deserve adequate compensation. We can help you get the compensation you need.

Emergency Room Errors

Emergency rooms are high-stress, high-pressure settings that could be dangerous for patients. Doctors are often under a lot of pressure to treat as many patients as possible and must run tests quickly and also communicate with each other and read or write reports all while providing quality medical attention to every patient. Unfortunately, these busy environments create mistakes that could have catastrophic consequences.

ER errors can range from misdiagnosis to premature discharging of patients. The most frequent causes of ER errors are inadequate medical history and misinterpretation of test results and the inability to consult specialists. ER staff can also make mistakes in communicating with one another or with patients, for example, not communicating the patient's allergies, or any other health conditions or giving incorrect instructions to nurses.

In order to be able for a lawsuit for malpractice the plaintiff first needs to demonstrate that the medical professional infringed on the standard of care. The standard of care is the standard of care that a reasonable medical professional with the same training and experience would have offered in similar circumstances. The plaintiff must show that the negligence is responsible for their injury and damages. A successful plaintiff can seek compensation for past or future medical bills including pain and suffering lost wages and earning potential as well as funeral expenses if applicable.