Malpractice attorney Litigation

Malpractice litigation can be a long complex process. It requires the patient or a legally appointed representative, to show that the physician owed them a duty of care, that the doctor violated that duty, and that harm resulted.

Many proposals have been put forward to alter the legal rules that govern malpractice claims. They propose to replace the jury and trial system by a different system that will reduce costs, speed settlements, end overly generous juries and screen out frivolous medical claims.

The wrong diagnosis

Medical malpractice is often caused by mistaken diagnosis. It happens thousands of times every year and can result in devastating results, such as the need for unnecessary surgery lengthy hospital stays or unnecessarily invasive treatment. A mistake in diagnosis can lead to death, as in certain cases of serious injury or illness.

To prove that there was a malpractice, the doctor must have breached his obligation to the patient by not diagnosing an injury or illness in a timely manner. In the majority of instances, proving that the doctor's inability to adhere to the standard of care requires a specialized opinion, such as that of an expert medical professional who has a vast knowledge of the type of illness at play in the case. The expert must also demonstrate that the physician failed to properly include the disease in the list of differential diagnoses using methods like asking further questions, making further observations or requesting further tests in the diagnostic procedure.

A plaintiff must also show that the injuries caused by the mistake resulted directly from the breach of duty. This typically means establishing actual damages, including past and future medical expenses loss of income, the suffering of others, a reduced life expectancy and other damages. The plaintiff must also file the suit within the statute of limitations that are typically two or three years after the damage was caused.

The wrong procedure

It may be shocking to discover that surgeons perform the incorrect procedure on a patient approximately 20 times per week. These surgical errors typically leave patients with unanticipated medical bills and pain and suffering. A medical malpractice lawyer can assist you in obtaining the compensation you're entitled to for your losses.

A successful malpractice attorney lawsuit demands an enviable claim of negligence on the part of the doctor in the matter. A claim of negligence that stems from an error in surgery needs to prove that the defendant's actions was not in accordance with the standard of care that is expected to be provided by similarly skilled doctors in similar situations. This can be done through expert testimony and an extensive examination of medical documents.

During the discovery process your attorney and defense team will share pertinent documents for use in your case. These documents could include medical and surgical documents, lab reports, and documentation of your injuries. Your lawyer will question witnesses in order to gather information regarding your case. In the course of the interview with the witness, the attorney opposing you will question you under swearing. This is known as a deposition.

Wrong-site surgeries are a rare and serious form of malpractice. This type of malpractice attorneys is usually caused by a doctor's inability to follow the surgical guidelines or the patient's medical records. In such a situation, it is easy to demonstrate negligence. It's not always easy to determine which surgeon is accountable.

Wrong Drugs

Drug errors can cause harm or worsening of health conditions in more than a half a million Americans every year. Doctors should exercise extreme care when prescribing drugs to ensure that they are safe and appropriate for the patient. If you suffer serious injuries due to the doctor's deviation from the norm of medical care it could be a case of malpractice.

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

Our firm handles the most common medical malpractice claims. Our firm is frequently contacted by clients who were prescribed the wrong medication by their medical professionals and have suffered severe injuries or even death. Our attorneys will work to determine where the error occurred in the chain of command and who is accountable for your injuries. We will help you determine the value of your losses. This would include medical costs, lost wages and pain and discomfort resulting from injuries sustained as a result of the error in medication. The more severe your injuries, the greater your damages. You deserve adequate compensation. We can assist you in obtaining the settlement you need.

Emergency Room Errors

Emergency rooms are high-stress, high pressure environments that can be dangerous for patients. Doctors are often under a lot of pressure to treat as many patients as they can and must run tests quickly and communicate with one another and read or write reports while providing top-quality medical attention to each patient. These busy environments could lead to errors with devastating consequences.

ER mistakes range from misdiagnosis of a patient to premature discharge. Most ER errors are caused by a lack of medical history, misinterpretation or test results, and a failure to consult with specialists. ER staff can also make mistakes when communicating with one another and with patients, such as not communicating symptoms of allergies, health issues or other conditions or giving incorrect advice.

In order to be able for a lawsuit for malpractice, the plaintiff first has to demonstrate that the medical professional violated the standard care. The standard of care is defined as the degree of care that a reasonable medical professional could have provided in similar circumstances. The plaintiff has to prove that negligence caused the injury and damages. A successful plaintiff can recover compensation for future or past medical bills including pain and suffering loss of earnings and wages as well as funeral expenses when applicable.