Malpractice Litigation

The process of bringing a lawsuit for malpractice is usually a lengthy and complex procedure. It is the responsibility of the patient or an legally appointed representative to prove that the physician breached the duty of care owed to them and that an injury resulted.

There were a variety of proposals made to change the legal rules governing medical malpractice. The trial and jury system was replaced by an alternative which would reduce costs and speed up settlements, eliminate excessively generous juries and also screen out frivolous claims.

Misdiagnosis

Misdiagnosis is among the most frequent forms of medical negligence. It occurs millions of times every year, and can have devastating consequences, including unneeded surgeries, long hospital stays, or aggressive treatment. An incorrect diagnosis could result in death in certain cases of severe injury or illness.

In order to prove malpractice, a doctor must have violated his obligation to the patient by failing to diagnose an injury or illness accurately. Most of the time, the failure of the physician to meet the standard of care is proven by an expert's opinion. This could be an expert medical professional who has extensive knowledge of the type of illness that is being investigated. The expert must also show that the physician failed to properly include the disease in the list of differential diagnosis by using methods like asking additional questions, observing further or ordering additional tests to aid in the diagnostic process.

A plaintiff also has to prove that the injuries caused by a misdiagnosis are a direct result from the breach of duty. This typically means proving the actual damages, such as past or future medical expenses, income loss or lost due to pain and discomfort shorter life spans, and other expenses. Additionally, the plaintiff must bring the suit within the statute of limitation which is usually two or three years from the date of the incident.

The wrong procedure

It's shocking to hear, but surgeons make the wrong decision on a patient around 20 times per week. These mistakes in surgery often result in patients suffering unanticipated medical bills and suffering and pain. A skilled medical malpractice lawyer could help you obtain the compensation you're entitled to for your losses.

A successful malpractice suit requires a strong claim of negligence on the part of the physician in the dispute. A claim of negligence stemming from a surgical error must show that the defendant's course procedure was in violation of the standards of care that would be provided by similarly trained physicians in similar circumstances. This can be done through expert testimony and an extensive examination of medical records.

During the discovery phase where your attorney will exchange files with the defense team so that they can be used in your case. These documents may include medical and surgical documents, lab reports, and the documentation of your injuries. Your lawyer will interview witnesses in order to gather information on your case. During the witness interview, you will be asked questions under oath, by the opposing counsel. This is referred to as a deposition.

Wrong-site surgeries are a rare, but serious form malpractice. This type of malpractice usually is caused by an individual doctor who does not follow the surgical recommendation or the medical history of a patient. In this case, it is easy to prove the negligence. However, determining who should be held liable is not always easy.

Wrong Drugs

Each year, more than one million Americans are injured or have their health conditions worsened by drug errors. Doctors must use extreme care when prescribing medications, to ensure that they are appropriate and safe for the patient. If you suffer a serious injury because of the doctor's deviation from standard medical procedure this could be considered an act of malpractice attorneys.

Sometimes the error does not occur at the doctor's office or in the hospital. A nurse might misunderstand a prescribed medication and administer the wrong dose or medication. A pharmacy could also make an error by filling the incorrect medication or a drug with harmful ingredients.

Our firm handles the most frequent medical malpractice cases. We receive calls from patients who's doctors prescribed the wrong medication, leading them to suffer serious injuries and even death. Our attorneys will identify the place where the error occurred in the chain of command and Malpractice who is accountable for your injuries. We will help you determine the amount of your damages. This could include medical expenses, lost wages, pain and discomfort resulting from injuries sustained as a result of the error in your medication. The more severe your injuries, the more your damages. You deserve adequate compensation. We can help you get the settlement you need.

Emergency Room Errors

Emergency rooms are high-stress and high-pressure environments that could be dangerous for patients. Doctors are often under pressure to attend to as many patients as they can and malpractice run tests as quickly as they can and be in constant communication with each other and write or read reports while providing top-quality care to each patient. However, these hectic environments can result in mistakes that could cause catastrophic harm.

ER errors include everything from mistaken diagnosis of a patient, to premature discharge. The most common causes of ER errors are inadequate medical history or misinterpretation of test results and failure to consult with specialists. ER staff can also make mistakes in communicating with each other or with the patient for example, not communicating the patient's allergies or other health conditions or giving incorrect instructions to nurses.

In order to have grounds for a malpractice lawsuit, the plaintiff must first prove that the medical professional acted in violation of the standard of care. The standard of care is defined as the level of care a reasonable medical professional would have offered under similar circumstances. The plaintiff must prove that their negligence caused them injury and resulting damages. A successful plaintiff can recover damages for past and future medical bills as well as physical suffering as well as loss of wages and earning capacity and funeral expenses where applicable.