Malpractice Litigation

malpractice attorneys litigation is often a long and complex procedure. It is the responsibility of the patient or an legally appointed representative to prove that the doctor violated the duty of care owed to them, and that an injury resulted.

A variety of ideas were proposed to alter the legal rules that govern medical malpractice claims. The trial and jury system was replaced by an alternative that would lower costs, speed up settlements, reduce juries with excessively generous verdicts and weed out fraudulent claims.

Undiagnosed

Medical malpractice is often caused by misdiagnosis. It happens millions of times each year and can have devastating results, such as a need for unnecessary surgery and long hospital stays or unnecessarily invasive treatment. In some cases the wrong diagnosis can result in death.

To establish malpractice, the doctor must have breached his duty to the patient by not diagnosing an injury or illness in a timely manner. In most instances, proving the doctor's inability to adhere to the standards of care requires a specialized opinion, Malpractice such as that of an expert in medical practice with a deep understanding of the type of illness at play in the instance. The expert must also demonstrate that the physician did not properly include the disease in his or her list of differential diagnosis using methods like asking additional questions, observing further or requesting additional tests in the diagnostic procedure.

A plaintiff must also prove that the injuries caused by the misdiagnosis result of the breach of duty. This usually involves proving actual damages such as past or future medical expenses, income loss, pain and discomfort, diminished life span, and other expenses. Finally, the victim must bring the lawsuit within the time frame of the statute of limitations, which is typically two or three years from when the damage occurred.

Unskillful Procedure

It may be shocking to hear that surgeons perform the wrong procedure on a patient approximately 20 times per week. These surgical mistakes often cause patients to be faced with unexpected medical expenses as well as suffering and pain. A skilled medical malpractice lawyer can assist you in obtaining the compensation you need for your losses.

A successful malpractice suit requires a strong claim that the physician is negligent. A malpractice claim based on a surgery mistake must prove that the defendant's actions diverged from the usual care that would have been offered by a physician with the same training in similar circumstances. This can be done through expert testimony and a thorough examination of medical documents.

During the discovery phase where your attorney will exchange files with the defense team in order to be used in your case. The documents could include medical and surgery documents, lab reports and other evidence of your injuries. Your lawyer will question witnesses to gather information about your case. During the witness interview, you will be questioned under oath from the opposing counsel. This is called a deposition.

Surgery performed on the wrong site is a rare, but serious form malpractice. This type of negligence is usually caused by a doctor's inability to adhere to the surgical recommendations or the medical records of the patient. In such a situation, it is easy to establish the negligence. However, determining who should be held accountable is not always easy.

Wrong Drugs

Drug errors can lead to harm or worsening of health conditions in more than half a million Americans every year. Doctors must take extreme care when prescribing medicines to ensure that they are safe and suitable for the patient. If you suffer serious injuries due to a doctor's deviations from the standard medical care, it could be negligence.

Sometimes, the error does not occur in the doctor's offices or in the hospital. Nurses may misunderstand an order for medication and prescribe the incorrect dosage or medication. A pharmacy could also make an error by filling the incorrect prescription or filling the medication with harmful ingredients.

Our firm specializes in the most common medical malpractice claims. Our firm gets calls from clients who have been prescribed the wrong medication by their doctor and have suffered severe injuries or even death. Our attorneys will identify the place where the error occurred within the chain of command and determine who is accountable for your injuries. We will then help you determine the value of your damages, which will include any medical expenses along with lost wages, the pain and suffering that resulted from the injuries you suffered as a result of the medication error. The more serious your injuries, then the more you'll be liable. You deserve adequate compensation. We can help you obtain the settlement you need.

Emergency Room Errors

Emergency rooms are high-stress, high-pressure settings which can be hazardous for patients. Doctors are under pressure to treat as many patients as they can. They also have to conduct tests quickly, communicate among themselves and write and read reports while providing top-quality patient care. However, these hectic environments can lead to mistakes that can cause catastrophic harm.

ER errors can range from misdiagnosis, to premature discharge of a patient. Most ER errors result from an absence of medical history, a incorrect interpretation of test results or diagnosis, and a failure to consult with specialists. ER staff may also make mistakes in communicating with each other or with patients, for example, not communicating the patient's allergies, or any other health conditions or giving incorrect instructions to nurses.

To have grounds for a lawsuit for malpractice the plaintiff must first to establish that the medical professional violated the standard care. The standard of care is the level of care that a reasonable medical professional with the same education and experience would have offered in similar circumstances. The plaintiff must establish that the negligence was responsible for their injury and damages. A successful plaintiff can recover compensation for future and past medical bills, physical suffering loss of earnings, earning capacity and funeral expenses where appropriate.