Malpractice Litigation

Malpractice litigation is often a long and complex process. It requires the patient, or a legally-appointed representative, to show that the doctor was bound by a duty of care, and that the physician violated that duty, and that harm resulted.

Various proposals were made to change the legal rules that govern medical malpractice lawsuits claims. The trial and jury system was replaced with an alternative that would lower costs, speed up settlements, remove juries that are too generous and also screen out fraudulent claims.

Misdiagnosis

Misdiagnosis is one of the most prevalent forms of medical malpractice. It occurs countless times every year, resulting in devastating consequences, malpractice including unneeded surgical procedures, prolonged hospital stays, or even aggressive treatment. In some instances an error in diagnosis could cause death.

To establish malpractice, the doctor must have breached his obligation to the patient by failing to diagnose an injury or illness accurately. Most of the time, the inability of the doctor to perform the required care is demonstrated by an expert's assessment. This could be a medical professional who has extensive knowledge of the type of illness that is being investigated. The expert must also demonstrate that the doctor didn't add the disease to their differential diagnosis list by asking more questions, observing more or ordering additional tests as part of the diagnosis process.

A plaintiff must also prove that the injuries caused by the misdiagnosis were the direct result of the breach of duty. This usually means proving real damages such as past or future medical expenses, income loss or lost due to pain and discomfort diminished life span and other expenses. The victim must file the lawsuit within the statute of limitation, which is typically two or three years from the date of the injury.

Wrong Procedure

It may be shocking to discover that surgeons perform the wrong procedure on a patient around 20 times per week. These errors in surgery could lead to unanticipated medical costs as well as additional pain for patients. An experienced medical malpractice lawyer can help you pursue the compensation you're entitled to for your losses.

A successful malpractice case requires a strong claim of negligence on the part of the physician in the case. A claim of negligence stemming from an error in surgery needs to prove that the defendant's action was different from the standards of care that would be provided by similarly skilled physicians in similar circumstances. This can be demonstrated through expert testimony and a thorough examination of medical documents.

During the discovery process, your attorney and the defense team will exchange pertinent documents for use in your case. These documents may include medical and surgical records, lab reports, and documents of your injuries. The lawyer will also question 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 an oath. This is referred to as a deposition.

Surgery that is performed at the wrong site is a relatively rare, but serious form of malpractice lawyers. This type of malpractice usually results from an error made by an individual doctor who does not follow surgical recommendation records or a patient's medical history. In this situation, malpractice it is easy to establish the negligence. However, determining who should be held accountable is not always easy.

Wrong Drugs

Every year, over one million Americans are injured or have their health conditions worsened by drug errors. Doctors must exercise extreme care when prescribing medications to ensure that they are safe and appropriate for the patient. If a doctor's prescription is not in accordance with the medical standard of treatment and you suffer an injury as consequence, it could be a case of malpractice.

Sometimes the error doesn't occur in the doctor's office, but rather in the hospital. A nurse may misread a prescribed medication and administer the wrong dosage or medication. A pharmacy may also make a mistake by filling the incorrect medication or one with harmful ingredients.

Our firm specializes in the most frequent medical malpractice cases. We get calls from clients who's doctor prescribed them the wrong medication, which caused them to suffer severe injuries, and even death. Our attorneys will determine the source of the error in the chain of command and who is responsible for your injuries. We will then help you assign a value to your damages. This would include any medical expenses as well as lost wages and suffering and pain resulting from the injuries you sustained because of the error in your medication. The more severe your injuries, the greater the damages. You deserve adequate compensation. We can assist you in obtaining the settlement you deserve.

Emergency Room Errors

Emergency rooms can be high-stress and high-pressure environments. This could be hazardous for the patients. Doctors are under pressure to care for as many patients as they can. They must also run tests quickly, communicate with themselves, and read and write reports and provide high-quality patient treatment. However, these hectic environments can lead to mistakes that can result in devastating consequences.

ER errors can range from misdiagnosis, to premature discharge of the patient. The most common causes of ER errors are a lack of medical history as well as misinterpretation of results from tests and failure to consult with specialists. ER staff can also make mistakes in communicating with one another or with patients, such as not communicating the patient's allergies or health conditions or giving incorrect instructions to nurses.

To be able to file a lawsuit for malpractice the plaintiff must first to establish that the medical professional violated the standard of care. The standard of care is the standard of care that an honest medical professional with the same training and experience would have given in similar circumstances. The plaintiff must prove that negligence caused the injury and the resulting damages. A successful plaintiff can seek compensation for future and past medical bills, physical suffering and pain, loss of wages and earning capacity and funeral expenses where appropriate.