Malpractice Litigation

Malpractice litigation can be a lengthy complex process. It requires the patient, or a legally-appointed representative, to prove that the doctor was bound by a duty of care, and that the doctor violated the duty and injury resulted.

A variety of ideas were proposed to change the legal rules governing medical malpractice claims. The trial and jury system was replaced with an alternative that could cut costs and speed up settlements. It would also reduce juries with excessively generous verdicts and weed out fraudulent claims.

Misdiagnosis

Medical malpractice is often caused by mistakes in diagnosis. It occurs millions of times every year, with devastating consequences, such as unnecessary surgery, lengthy hospital stays, or aggressive treatment. A mistake in diagnosis can cause death, as in some cases that involve severe injuries or illness.

To prove that there was a malpractice the evidence must show that the doctor was bound by obligations to the patient and breached that obligation by failing to identify the illness or injury properly. In the majority of instances, proving the doctor's inability to adhere to the standard of care requires an expert opinion, for instance, from an expert medical professional who has a vast knowledge of the specific illness that is at issue in the instance. The expert must also prove that the physician failed to properly include the disease in his or her list of differential diagnosis by using methods like asking additional questions, making additional observations or requesting additional tests in the diagnostic process.

A plaintiff must also demonstrate that the injuries resulting from the mistake were a direct result of the breach of duty. This typically involves proving actual damages, such as past or future medical expenses, income lost or lost due to pain and discomfort shorter life spans, and other damages. The plaintiff must also file the lawsuit within the statutes of limitations, which are usually two or three years after the injury was caused.

Unskillful Procedure

It's shocking to learn that surgeons perform the wrong procedure on patients around 20 times a week. These mistakes in surgery often cause patients to be faced with unanticipated medical expenses and additional pain and suffering. A skilled medical malpractice lawyer can help you pursue the compensation you need for your losses.

A successful malpractice lawsuit requires a convincing case of negligence on the part of the physician in the matter. A claim of malpractice stemming from a surgical mistake must prove that the defendant's actions were different from the standard care that would have been provided by a physician with the same training in similar circumstances. This can be achieved through expert testimony and an extensive review of medical documents.

During the discovery process, your attorney and the defense team will share relevant documents to be used in your case. These documents can include medical and surgical reports, lab reports and the documentation of your injuries. Your lawyer will also interview witnesses to gather information for your case. In the course of the interview with the witness, the attorney opposing you will ask you questions under the oath. This is referred to as a deposition.

Wrong-site surgeries are a relatively rare but very serious type of malpractice. This type of malpractice lawsuits is usually triggered by a physician's failure to follow the surgical recommendation records or the medical record of the patient. In this situation it's easy to prove that negligence took place. It's not always simple to determine the surgeon who should be held accountable.

Wrong Drugs

Every year over a million Americans are injured or have their health issues worsened because of drug errors. Doctors must take extreme care when prescribing medication to ensure that they are safe and suitable for the patient. If a doctor's decision isn't in line with the medical standard of care and you suffer a severe injury as the result, it could be a case of malpractice.

Sometimes the error doesn't occur at the doctor's office but rather in the hospital. For example nurses could mistakenly interpret a prescription, and then administer the wrong medication or dosage. A pharmacy could also make an error by filling in the incorrect prescription or filling the medication with harmful ingredients.

Our firm deals with the most common medical malpractice claims. Our firm is frequently contacted by clients who have been prescribed the wrong medicine by their medical professionals and have suffered severe injuries or even death. Our lawyers will determine where the error occurred in the chain of command and determine who is responsible for your injuries. We will help you determine the value of your losses. This includes medical costs, lost wages and discomfort and pain resulting from injuries you sustained due to the medication mistake. The greater the severity of your injuries, the greater your damages. You deserve adequate compensation. We can help you obtain the compensation you need.

Emergency Room Errors

Emergency rooms are high-stress, high-pressure settings that could be dangerous for patients. Doctors are under pressure to care for as many patients as they can. They also have to conduct tests quickly, interact with themselves, and read and write reports and provide high-quality patient treatment. These busy environments can lead to errors that can have catastrophic consequences.

ER errors range from the incorrect diagnosis of a patient to premature discharge. Most ER errors are caused by an absence of medical history, misinterpretation or test results, and a failure to consult specialists. ER staff can also make mistakes in communicating with one another and with patients, such as 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 claim, the plaintiff must first demonstrate that the medical professional breached the standard of care. The standard of care is the amount of care that a reasonable medical professional with the same training and experience would have given in similar circumstances. The plaintiff must prove that this negligence caused their injury and the resulting damages. A successful plaintiff can seek compensation for future or past medical bills along with pain and suffering, earnings potential and lost wages and funeral expenses, depending on the circumstances.