Malpractice Litigation

Malpractice litigation is often a lengthy and complex procedure. It requires the patient or a legally appointed representative, to show that the physician was bound by a duty of care, and that the physician did not fulfill that duty and the injury resulted.

A variety of ideas have been proposed to modify the rules of law governing malpractice claims. They propose to replace the jury and trial system with a system that could reduce costs, speed settlements, reduce excessively large juries and screen out unnecessary medical claims.

Undiagnosed

Medical malpractice is usually caused by mistaken diagnosis. It happens millions of times each year, with devastating consequences, including unneeded surgeries, long hospital stays, or aggressive treatment. An incorrect diagnosis could result in death in some cases that involve severe illness or injury.

To prove that there was a port townsend malpractice lawyer, the doctor must have breached his duty to the patient by not diagnosing an injury or illness correctly. In most cases, the inability of the doctor to perform the required treatment is confirmed by an expert opinion. This can be an expert medical professional who has vast knowledge of the kind of disease in question. The expert must also prove that the doctor did not properly add the condition to the list of differential diagnoses by using methods like asking additional questions, making further observations or ordering additional tests in the diagnostic process.

A plaintiff must also prove that the injuries resulting from the misdiagnosis were a direct result of the breach of duty. This usually means proving real damages such as past or future medical expenses, lost income in the form of pain and discomfort, reduced life span and other expenses. The plaintiff must also file the lawsuit within the time limit of the statute of limitations, which are usually two or three years after the harm was caused.

Unskillful Procedure

It might be shocking to learn that surgeons perform the wrong procedure on patients around 20 times per week. These mistakes in surgery often leave patients with unanticipated medical costs and pain and suffering. An experienced medical malpractice lawyer can assist you in obtaining the reimbursement you're entitled to for your losses.

A successful malpractice lawsuit requires a strong claim of negligence on the part of the doctor in the dispute. A claim of malpractice caused by a surgical mistake must prove that the defendant's actions diverged from the usual care that would have been offered by doctors who have similar training in similar situations. This can be achieved through expert testimony and a thorough examination of medical records.

During the discovery process, your attorney and the defense team will exchange relevant documents to use in your case. The documents could include medical and surgical reports, lab reports and evidence of your injuries. Your lawyer will speak with witnesses in order to gather information about your case. In the course of the interview with the witness, the attorney opposing you will be able to ask you questions under an oath. This is referred to as a deposition.

Surgery performed on the wrong site is a rare, but serious type of malpractice. This kind of malpractice typically results from an error made by an individual doctor who does not follow the surgical recommendation or the medical history of a patient. In this instance it's possible to establish that negligence occurred. It's not always simple to decide who is responsible.

Wrong Drugs

Drug-related errors can cause injuries or worsening health issues in more than half a million Americans each year. Doctors should exercise extreme caution when prescribing medicines to ensure that they are safe and suitable for the patient. If you suffer a serious injury because of a doctor's deviation from the standard medical practice there could be an act of malpractice.

Sometimes the error doesn't occur at the physician's office but rather in the hospital. A nurse could misunderstand an order for medication and prescribe the wrong dose or medication. The pharmacy could also make a mistake by filling out the wrong prescription or a medication with harmful ingredients.

Medication errors are the most popular type of medical malpractice claim that our firm deals with. We get calls from clients whose doctors prescribed them the incorrect medication, causing them to suffer severe injuries, and even death. Our attorneys will work to determine where the error occurred in the chain of command, and who is responsible for your injuries. We'll then help determine the value of your damages. This would include medical expenses as well as lost wages and the pain and suffering that resulted from the injuries you sustained due to the medication error. The more severe your injuries, the more damages you will incur. You deserve adequate compensation. We can assist you to get the settlement you deserve.

Emergency Room Errors

Emergency rooms are high-stress, high-pressure environments that could be dangerous for patients. Doctors are often under a lot of pressure to see as many patients as possible and must conduct tests swiftly and be in constant communication with each other and read or write reports while providing top-quality medical attention to each patient. This pressure can lead to mistakes with catastrophic consequences.

ER errors can include anything from misdiagnosis and premature discharge of patients. The majority of ER errors are caused by an absence of medical history, a misinterpretation or test results or a failure to consult with specialists. ER staff can make errors in communicating with each other or with patients, such as not communicating the patient's allergies or health conditions, or not giving the correct instructions to nurses.

To have grounds for an action for malpractice, the plaintiff first has to prove that the medical professional violated the standard care. The standard of care refers to the level of care that an honest medical professional with the same education and experience would have offered in similar circumstances. The plaintiff must establish that negligence was the cause for their injuries and damages. A successful plaintiff can recover compensation for past and future medical bills, physical suffering as well as loss of wages and earning capacity and funeral expenses in the event that they are applicable.