Malpractice Litigation

malpractice attorney litigation can be a lengthy and complex process. It requires the patient or a legally designated representative, to prove that the physician owed them a duty of care, that the physician violated the duty and injury resulted.

There were a variety of proposals made to change the lawful guidelines governing medical malpractice. The trial and jury system was replaced by an alternative that would cut costs and speed up settlements, eliminate excessively generous juries and weed out fraudulent claims.

The wrong diagnosis

Medical malpractice is usually caused by mistakes in diagnosis. It occurs millions of times each year and can lead to devastating effects, including the need for unneeded surgery, long hospital stays, or unnecessarily invasive treatment. A misdiagnosis can even cause death, as in some cases that involve severe illness or injury.

In order to prove malpractice, a doctor must have violated his duty to the patient by not diagnosing an illness or injury correctly. In most instances, proving the doctor's failure to live up to the standards of care requires an expert opinion, for instance, from an expert in medical practice with extensive knowledge about the type of illness at play in the case. The expert must also demonstrate that the physician failed to sufficiently add the illness to his or her list of differential diagnosis by using methods like asking further questions, making additional observations, or ordering more tests as part of the diagnostic procedure.

A plaintiff must also demonstrate that the injuries resulting from a misdiagnosis are a direct result from the breach of duty. This usually involves proving real damages such as past or future medical expenses, income lost as well as pain and discomfort, shortened life span, and other damages. Additionally, the plaintiff must file the suit within the time frame of the statute of limitations which is usually two or three years after the date of the incident.

The wrong procedure

It may be shocking to learn that surgeons carry out the incorrect 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 case requires a strong claim that the physician is negligent. A claim of negligence based on a surgical error must show that the defendant's course of action deviated from the standard of care that is expected to be provided by similarly trained doctors in similar circumstances. This can be accomplished by expert testimony and a thorough review of medical documents.

During the discovery process, your attorney and the defense team will exchange relevant documents to be used in your case. These files could include medical and surgical reports, lab reports, and other evidence of your injuries. Your lawyer will also speak with witnesses to gather information for your case. During the interview with the witness, the attorney opposing you will question you under the oath. This is referred to as a deposition.

Wrong-site surgeries are a relatively rare yet serious form of malpractice. This kind of malpractice typically involves an error by an individual doctor who does not follow the surgical recommendation or a patient's medical history. In this instance it's easy to demonstrate that negligence was the cause. However, determining which surgeon should be held responsible is not always easy.

Wrong Drugs

Drug errors can lead to injuries or worsening health issues in over a half a million Americans each year. Doctors must exercise extreme care when prescribing medications to ensure that they are safe and suitable for the patient. If a doctor's prescription is not in accordance with the medical standard of care and you suffer serious injury as consequence, it could be a case of malpractice lawsuit.

Sometimes the error doesn't occur in the doctor's office, but rather in the hospital. A nurse may misread an order for medication and prescribe the incorrect dosage or medication. A pharmacy could also make an error by filling the wrong prescription or filling a medicine with harmful ingredients.

Medication errors are the most common kind of medical malpractice case that our firm deals with. We receive calls from clients who's doctors prescribed them the wrong medication, causing them to suffer serious injuries, or even death. Our attorneys will determine where the error occurred within the chain of command and who is accountable for your injuries. We will help you determine the value of your losses. This includes medical expenses, lost wages, pain and discomfort resulting from injuries you suffered due to the medication mistake. The more severe your injuries, the more your damages. You deserve adequate compensation. We can help you obtain the settlement you need.

Emergency Room Errors

Emergency rooms are often high-stress and high-pressure environments. This can be risky for the patients. Doctors are usually under pressure to take on as many patients as possible and must conduct tests swiftly, communicate with each other and write or read reports all while providing quality medical attention to each patient. Unfortunately, these busy environments cause mistakes that could result in catastrophic consequences.

ER errors can range from misdiagnosis to premature discharge of a patient. The most common causes of ER errors include an inadequate medical history and misinterpretation of test results and a failure to speak with specialists. ER staff may also make mistakes in communicating with one another or with the patient, such as not communicating a patient's allergies or adverse health conditions, or not giving the correct instructions to nurses.

To have a basis for a malpractice lawsuit, the plaintiff must first prove that the medical professional violated the standard of care. The standard of care is defined as the level of care a reasonable medical professional would have offered in similar circumstances. The plaintiff has to prove that their negligence caused them injury and subsequent damages. A successful plaintiff can recover compensation for future or past medical bills along with pain and suffering, lost earnings and earning potential and funeral expenses, if applicable.