Malpractice Litigation

The process of bringing a lawsuit for malpractice is usually a lengthy and complex procedure. It requires the patient, or a legally designated representative, to prove that the physician had a duty to care, that the physician did not fulfill that duty and injury resulted.

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

Undiagnosed

Medical Malpractice Attorney is usually caused by mistakes in diagnosis. It occurs millions of times each year, with devastating results, including unnecessary surgeries, long hospital stays, or even aggressive treatment. In some cases a mistake in diagnosis can result in death.

To prove that there was a malpractice lawsuit, it must be demonstrated that the doctor was bound by an obligation to the patient and breached the duty by failing to diagnose the injury or illness properly. In the majority of cases, the inability of a doctor to meet the standard of care is demonstrated by an expert opinion. This can be an expert medical professional who has vast knowledge of the kind of illness in question. The expert must also demonstrate that the doctor did not add the condition to their list of differential diagnoses by asking additional questions, making more observations or ordering additional tests in the diagnosis process.

A plaintiff also has to prove that the injuries caused by an incorrect diagnosis result of the breach of duty. This typically means establishing actual damages, such as future and past medical expenses as well as lost income, suffering and pain, shortened life expectancy, and other losses. Finally, the victim must bring the suit within the time limit of the statute of limitations which is typically two or three years from the date of the harm.

Incorrect Procedure

It can be shocking to learn, but surgeons are performing the wrong procedure on patients around 20 times a week. These surgical mistakes could result in unanticipated medical costs and additional suffering for patients. An experienced medical malpractice lawyer can assist you in obtaining the compensation you require for your losses.

A successful malpractice suit demands a strong argument that the physician is negligent. A claim of negligence that stems from a surgical error needs to demonstrate that the defendant's course of action was different from the standards of care that would be provided by similarly skilled physicians in similar circumstances. This can be done through expert testimony and a thorough examination of medical documents.

During the discovery process, your attorney and the defense team will share pertinent documents for use in your case. These files could comprise medical and surgical records, lab reports and documentation of your injury. Your lawyer will also speak with witnesses to gather information to support your case. During the interview with a witness, the opposing attorney will be able to ask you questions under an oath. This is referred to as a deposition.

The wrong-site procedure is a very rare but serious form of malpractice. This type of malpractice is usually caused by a doctor's inability to follow the surgical recommendation records or the patient's medical records. In this situation it's possible to demonstrate that negligence was the cause. However, determining who should be held responsible is not always simple.

Wrong Drugs

Every year over one million Americans are injured or have their health issues worsened due to drug-related errors. Doctors should exercise extreme caution when prescribing drugs to ensure that they are safe and suitable for the patient. If you suffer serious injuries because of a doctor's deviation from standard medical treatment, it could be negligence.

Sometimes, the error may not happen in the doctor's office, but rather at the hospital. For example nurses could not have a proper understanding of a prescription and give the wrong dosage or medication. A pharmacy may also make an error by filling in the incorrect prescription or filling the medication that contains harmful ingredients.

Our firm handles the most common medical malpractice claims. We get calls from clients who's doctor prescribed them the wrong medication, causing them to suffer serious injuries, and even death. Our lawyers will determine who is accountable for the accident and where the error occurred in the chain of command. We'll then help assign a value to your damages, which could include any medical costs as well as lost wages and suffering and pain that results from the injuries you sustained because of 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 settlement you deserve.

Emergency Room Errors

Emergency rooms can be high-stress and high-pressure environments. This can be risky for patients. Doctors are usually under a lot of pressure to treat as many patients as possible and run tests as quickly as they can, communicate with each other and write or read reports while delivering high-quality care to every patient. These busy environments could lead to errors with disastrous consequences.

ER errors can range from mistaken diagnosis of a patient, to premature discharge. The majority of ER errors result from the absence of a medical history, a misinterpretation of test results or interpretation or a failure to consult with specialists. ER staff may also make mistakes when communicating with each other or with the patient for example, not communicating the patient's allergies or health conditions, or not giving the correct instructions to nurses.

In order to be able to bring a case to bring a malpractice law firms suit, the plaintiff must first establish that the medical professional acted in violation of the standard of care. The standard of care is defined as the standard of care that a reasonable medical professional would have provided under similar circumstances. The plaintiff must prove that negligence was the cause for their injury and damages. A successful plaintiff may be able to obtain compensation for past or future medical bills as well as pain and suffering, lost wages and earning potential, and funeral expenses, depending on the circumstances.