Malpractice Litigation

The process of bringing a lawsuit for malpractice is usually a long and complicated process. It requires the patient or a legally-appointed representative, to prove that the physician was obligated to them under a duty of care, that the doctor breached that duty and that the injury resulted.

Many proposals have been put forward to modify the rules of law governing malpractice claims and replace the trial and jury system with a new system that would reduce costs, speed settlements, reduce excessively generous juries and filter out unnecessary medical claims.

Incorrect diagnosis

Medical malpractice is often caused by mistakes in diagnosis. It occurs in a multitude of instances every year, and can have devastating consequences, such as unnecessary surgery, lengthy hospitalizations, or invasive treatment. A mistake in diagnosis can cause death, as in some cases involving severe injury or illness.

To prove that there was a malpractice, the doctor must have violated his duty to the patient by failing to diagnose an injury or illness accurately. In the majority of instances, proving that the doctor's inability to adhere to the standards of care requires a specialized opinion, such as an expert medical professional who is knowledgeable about the kind of illness that is involved in the case. The expert must also show that the doctor did not add the disease to their differential diagnosis list by asking additional questions, observing more or requesting further tests in the diagnosis process.

A plaintiff must also demonstrate that the injuries caused by the incorrect diagnosis resulted directly from the breach of duty. This usually involves proving actual damages such as past or future medical expenses, lost income in the form of pain and discomfort, diminished life span, and other losses. The victim must also file the lawsuit within the statute of limitations that are typically two or three years after the injury occurred.

Wrong Procedure

It can be shocking to hear, but surgeons carry out the wrong procedure on a patient approximately 20 times per week. These surgical mistakes often result in patients suffering unanticipated medical bills and suffering and pain. A skilled medical malpractice lawyer can assist you in obtaining the reimbursement you require for your losses.

A successful malpractice case requires a convincing argument that the doctor is negligent. A claim of negligence due to an error in surgery must prove that the defendant's procedure was in violation of the standard of care that is expected to be offered by similarly trained doctors in similar situations. This can be accomplished by expert testimony and a thorough review of medical documents.

During the discovery phase, your attorney will exchange documents with the defense team in order to be used in your case. These documents could include medical and surgical records, lab reports, and evidence of your injuries. Your lawyer will speak with witnesses to gather information regarding your case. During the witness interview you will be questioned under oath by opposing counsel. This is called a deposition.

Wrong-site surgeries are a rare, but serious form malpractice. This type of malpractice usually results from an error made by a physician who fails to follow surgical recommendation records or a patient's medical history. In this situation, it can be easy to prove that negligence occurred. However, determining who is liable for the negligence is not always straightforward.

Wrong Drugs

Every year, over one million Americans are injured or have their health issues worsened by drug errors. Doctors must exercise extreme care when prescribing drugs 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 treatment and you suffer an injury as the result, it could be malpractice.

Sometimes, the error doesn't happen at the physician's office but rather in the hospital. For instance, a nurse might mistakenly interpret a prescription, and then administer the wrong dosage or medication. A pharmacy may also make mistakes by filling wrong medication or a medication that contains harmful ingredients.

Medication mistakes are the most frequent type of medical malpractice law firm claim which our firm handles. Our firm is frequently contacted by clients who were prescribed the wrong medication by their physicians, resulting in severe injuries or even death. Our lawyers will determine who was responsible for the injuries and determine where the error occurred in the chain of commands. We will then assist you to assign a value to your damages. This would include medical expenses along with lost wages, the pain and suffering that resulted from the injuries you suffered as a result of the medication error. The more severe your injuries, the more your damages. You deserve adequate compensation. We can assist you in obtaining the settlement you need.

Emergency Room Errors

Emergency rooms can be stressful and high-pressure environments. This could be hazardous for patients. Doctors are often under pressure to attend to as many patients as possible and must run tests quickly and also communicate with each other, and read or write reports while also providing high-quality treatment to each patient. These busy environments could lead to errors with devastating consequences.

ER errors range from mistakes in diagnosis to premature discharge. The most common causes of ER errors are inadequate medical history or misinterpretation of test results and the inability to consult specialists. ER staff may also make mistakes in communicating between themselves and patients, such as not communicating allergies, health problems or adverse reactions, Malpractice Lawyer or giving incorrect instructions.

In order to have grounds for a malpractice lawsuit, the plaintiff must first demonstrate that the medical professional breached the standard of 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 prove that negligence was the cause for their injuries and damages. A successful plaintiff can recover compensation for past or future medical bills including pain and suffering lost wages and earning potential, and funeral expenses, when applicable.