Malpractice Litigation

The process of bringing a lawsuit for malpractice is usually a long and complex process. It requires the patient, or a legally-appointed representative, to show that the physician was obligated to them under a duty of care, and that the doctor did not fulfill that duty and injuries resulted.

Various proposals have been made to modify the rules of law governing malpractice claims. These proposals would replace the jury system and trial by a different system that will lower costs, speed settlements, eliminate excessively generous juries, and eliminate unsubstantial medical claims.

Undiagnosed

The misdiagnosis of a patient is among the most common forms of medical malpractice lawyers. It happens a lot every year and can result in devastating effects, including the need for unnecessary surgery or long hospital stays and excessively aggressive treatment. A mistake in diagnosis can result in death, in some cases involving serious illness or injury.

To prove that there was a malpractice, the doctor must have breached his duty to the patient by not diagnosing an injury or illness in a timely manner. Most of the time, the failure of the physician to meet the standard of care is proven by an expert's assessment. This can be an expert in medicine who has extensive knowledge of the type of illness being examined. The expert must also show that the doctor did not add the condition to their list of differential diagnoses by asking more questions, making more observations or requesting additional tests in the diagnosis process.

A plaintiff also has to prove that the injuries caused by an error in diagnosis are a direct result of the breach of duty. This typically involves proving actual damages, like past and future medical expenses loss of income, suffering and suffering, a shorter life expectancy, and other losses. In addition, the victim must bring the lawsuit within the time frame of the statute of limitations, which is typically two or three years from the date of the incident.

The wrong procedure

It's not a pleasant thing to hear that surgeons are performing the wrong procedure on a patient around 20 times a week. These errors in surgery could result in unexpected medical expenses and further discomfort for patients. An experienced medical malpractice lawyer could assist you in obtaining the reimbursement you deserve for your losses.

A successful malpractice suit demands a strong claim that the doctor was negligent. A claim of malpractice that is based on a surgical error must show that the defendant's actions deviated from the standard care that would have been offered by a physician with the same training in similar circumstances. This can be achieved through expert testimony and an extensive examination of medical documents.

During the discovery process your attorney and defense team will share relevant documents to use in your case. These documents may include medical and surgical documents, lab reports, and documentation of your injuries. The lawyer will also question witnesses to gather evidence to support your case. During the witness interview you will be questioned under oath from the opposing counsel. This is known as a deposition.

Wrong-site surgeries are a rare, but serious form malpractice. This type of malpractice usually involves an error by the doctor who fails to follow the surgical recommendation or the medical history of a patient. In such a situation, it is easy to establish the negligence. However, determining who is liable for the negligence is not always simple.

Wrong Drugs

Drug errors can lead to injury or worsen health conditions in more than half a million Americans each year. Doctors must take extreme care when prescribing medications to ensure that they are safe and suitable for the patient. If you sustain serious injuries because of a doctor's deviation from standard medical practice there could be negligent.

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 may also make an error by filling in the wrong medication or a medication with harmful ingredients.

Our firm handles the most common medical malpractice claims. Our firm receives calls from clients who have been given the wrong medication by their doctor that resulted in severe injuries or even death. Our attorneys will work to identify the place where the error occurred within the chain of command and who's responsible for your injuries. We'll then help assign a value to your damages, which will include medical expenses along with lost wages, pain and suffering resulting from the injuries you suffered because of the error in your medication. The more severe your injuries, the more the damages. You deserve adequate compensation. We can help you get the settlement you require.

Emergency Room Errors

Emergency rooms are high-stress, high-pressure settings that could be dangerous for patients. Doctors are under pressure to treat as many patients as they can. They also have to conduct tests quickly, communicate with themselves, and read and write reports while providing top-quality patient care. Unfortunately, these busy environments result in mistakes that could result in devastating consequences.

ER errors can include anything from misdiagnosis to premature discharging of patients. Most ER errors are caused by an absence of medical history, a misinterpretation or test results or a failure to consult specialists. ER staff can also make mistakes in communicating with one another and with patients, for example, failing to communicate a patient's health issues, allergies or other medical conditions, or giving incorrect instructions.

In order to have grounds for a malpractice lawsuit the plaintiff must first demonstrate that the medical professional violated the standard of care. The standard of care refers to the level of care that a reasonable medical professional with the same training and experience would have offered in similar circumstances. The plaintiff must then show that their negligence caused them injury and resulting 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 as well as funeral expenses in the event that they are applicable.