Malpractice Litigation

Malpractice litigation can be a lengthy and complicated process. It requires the patient, or a legally designated representative, to prove that the physician was bound by a duty of care, and that the physician breached that duty and that harm resulted.

A variety of ideas have been proposed to modify the rules of law governing malpractice claims. They propose to replace the jury system and trial with a system that could reduce costs, expedite settlements, eliminate excessively generous juries and filter out unsubstantial medical claims.

Incorrect diagnosis

The misdiagnosis of a patient is among the most common forms of medical negligence. It occurs millions of times every year, with devastating consequences, such as unnecessary surgical procedures, prolonged hospital stays, or aggressive treatment. In some cases a mistake in diagnosis can cause death.

To prove malpractice the evidence must show that the doctor owed a duty to the patient and breached this obligation by failing to identify the illness or injury properly. In the majority of cases, inability of the doctor to provide the required treatment is confirmed by an expert's assessment. This could be a medical professional who has extensive knowledge of the type of illness in question. The expert must also show that the doctor failed to properly include the disease in the list of differential diagnoses using methods such as asking more questions, conducting further examinations or requesting further tests as part of the diagnosis process.

A plaintiff also has to prove that the injuries resulting from an error in diagnosis are a direct result from the breach of duty. This typically involves proving real damages such as past or future medical expenses, income loss as well as pain and discomfort, diminished life span and other expenses. The plaintiff must also file the suit within the statutes of limitations that are typically two or three years after the damage was caused.

Incorrect Procedure

It can be shocking to learn that surgeons perform the wrong procedure on a patient approximately 20 times a week. These surgical mistakes can lead to unanticipated medical costs as well as additional suffering for patients. A medical malpractice lawyer can help you receive the compensation you're due for your losses.

A successful malpractice Attorney case requires a convincing argument that the physician is negligent. A claim of malpractice based on a surgery 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 circumstances. This can be accomplished by expert testimony and a thorough examination of medical records.

During the discovery phase where your attorney will exchange files with the defense team so that they can be used in your case. These documents can include medical and surgical reports, lab reports and documents of your injuries. The lawyer will also question witnesses to gather information for your case. In the witness interview, you will be questioned under oath by the opposing counsel. This is referred to as a deposition.

Surgery performed on the wrong site is a rare but very serious form of malpractice law firm. This kind of malpractice typically involves an error by an individual doctor who does not adhere to the surgical recommendations or a patient's medical history. In this scenario it's possible to establish that negligence occurred. However, determining who is liable for the negligence is not always simple.

Wrong Drugs

Every year, more than a million Americans are injured or have their health issues worsened by drug errors. Doctors must exercise extreme caution when prescribing drugs to ensure they are safe and appropriate for the patient. If you suffer serious injury because of a doctor's deviations from the standard medical care this could be considered an act of malpractice.

Sometimes, the error doesn't occur at the doctor's office and instead occurs at the hospital. For instance a nurse may not have a proper understanding of a prescription and give the wrong dosage or medication. A pharmacy can also be negligent by filling in the wrong medication or using harmful ingredients.

Medication errors are the most popular type of medical malpractice claim that our firm deals with. We get calls from clients who's doctors prescribed them the wrong medication, which caused them to suffer serious injuries and even death. Our lawyers will determine who is at fault for the injury and pinpoint where the error occurred within the chain of command. We will help you determine the value of your damages. This would include medical expenses, lost wages and pain and discomfort resulting from injuries you sustained due to the error in your medication. The more severe your injuries, the greater your damages. You deserve adequate compensation. We can assist you in obtaining the compensation you need.

Emergency Room Errors

Emergency rooms are often high-stress and high-pressure environments. This can be risky for patients. Doctors are often under pressure to take on as many patients as they can and are required to run tests quickly and communicate with one another and write or read reports while providing top-quality care to each patient. Unfortunately, these busy environments cause mistakes that could result in catastrophic consequences.

ER errors range from the incorrect diagnosis of a patient to premature discharge. The most frequent causes of ER errors include an inadequate medical history, misinterpretation of test results and a failure to speak with specialists. ER staff could be unable to communicate with each other and patients, such as not communicating symptoms of allergies, health issues or other conditions or giving incorrect advice.

In order to have grounds for a malpractice lawsuit, the plaintiff must first establish that the medical professional breached 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 must demonstrate that negligence was the cause for their injury and damages. A successful plaintiff can seek compensation for future or past medical bills along with pain and suffering, lost wages and earning potential, and funeral expenses, in the event that they are applicable.