Malpractice Litigation

Malpractice litigation is often a long and malpractice complicated procedure. It requires the patient or a legally designated representative, to prove that the physician owed them a duty of care, that the doctor did not fulfill that duty and the injury resulted.

Various proposals were made to alter the rules governing medical malpractice. The trial and jury system was replaced by an alternative that could cut costs, speed up settlements, eliminate juries that were too generous and weed out fraudulent claims.

Undiagnosed

The misdiagnosis of a patient is among the most frequent forms of medical negligence. It happens thousands of times each year and can lead to devastating results, such as the need for unneeded surgery lengthy hospital stays or unnecessarily invasive treatment. In some cases the wrong diagnosis can result in death.

To prove malpractice lawsuit, it must be demonstrated that the doctor owed a duty to the patient and breached the obligation by failing to recognize the injury or illness properly. In most cases, the failure of the doctor to provide the required care is proven by an expert's opinion. This can be a medical professional who has vast knowledge of the kind of illness being examined. The expert must also prove that the physician did not sufficiently add the illness to his or her list of differential diagnoses by using methods such as asking more questions, conducting further examinations or requesting additional tests as part of the diagnostic process.

A plaintiff must also demonstrate that the injuries caused by the misdiagnosis were a direct result of the breach of duty. This usually involves proving actual damages such as past or future medical expenses, loss of income, pain and discomfort, reduced life span and other losses. The victim must also file a lawsuit within the statutes of limitations which typically are two or three years after the incident was caused.

The wrong procedure

It may shock you to learn that surgeons execute the incorrect procedure on a patient about 20 times per week. These surgical mistakes often result in patients suffering unanticipated medical bills and pain and suffering. A medical malpractice lawyer can assist you in obtaining the compensation you're entitled to for your losses.

A successful malpractice suit requires a convincing case of negligence on the part of the physician in the matter. A claim of negligence that stems from an error in surgery must prove that the defendant's course procedure was in violation of the norm of care that would be provided by similarly skilled physicians in similar circumstances. This can be done through expert testimony and a thorough examination of medical documents.

During the discovery phase in the discovery phase, your lawyer will exchange documents with the defense team to be used in your case. These documents may comprise medical and surgical reports, lab reports, and documentation of your injury. Your lawyer will speak with witnesses to gather information about your case. During the witness interview you will be questioned under oath, by the opposing counsel. This is known as a deposition.

The wrong-site procedure is a very rare but serious form of malpractice. This kind of malpractice typically involves an error by an individual doctor who does not follow the recommendations of a surgeon or the medical history of a patient. In this scenario it's easy to demonstrate that negligence was the cause. It's not always simple to determine who is responsible.

Wrong Drugs

Drug-related errors can cause injury or malpractice worsen health conditions in over a half a million Americans every year. Doctors must exercise extreme care when prescribing medicines, to ensure they are safe and appropriate for the patient. If a doctor's prescription is not in accordance with the medical standard of care and you suffer serious injury as result, it could be considered malpractice.

Sometimes an error isn't made in the doctor's offices but rather in the hospital. A nurse may misread a prescribed medication and administer the wrong dose or medication. A pharmacy could also be negligent by filling out the wrong prescription or a medicine with harmful ingredients.

Our firm deals with the most frequent medical malpractice cases. We get calls from clients whose doctors prescribed them the wrong medication, leading them to suffer severe injuries, or even death. Our attorneys will determine who is responsible for the accident and where the error occurred in the chain of command. We will then assist you to determine the value of your damages, which could include any medical expenses along with lost wages, suffering and pain resulting from the injuries you sustained because of the medication error. The more severe your injuries, the more damages you will incur. You deserve adequate compensation. We can help you get the settlement you deserve.

Emergency Room Errors

Emergency rooms can be high-stress and high-pressure environments. This can be dangerous for the patients. Doctors are often under pressure to treat as many patients as possible and run tests as quickly as they can and also communicate with each other and write or read reports while delivering high-quality care to each patient. These busy environments could lead to errors with catastrophic consequences.

ER errors can include anything from misdiagnosis to premature discharge of the patient. The most frequent causes of ER errors include an inadequate medical history and misinterpretation of test results and the inability to consult specialists. ER staff may make errors in communicating with one another or with the patient such as not mentioning the patient's allergies, or any other health conditions or giving incorrect instructions to nurses.

In order to be able for a malpractice lawsuit the plaintiff first needs to establish that the medical professional violated the standard of care. The standard of care is defined as the degree of care that a reasonable medical professional could have provided in similar circumstances. The plaintiff must then show that negligence led to their injury and the resulting damages. A successful plaintiff can seek compensation for future and past medical bills, physical suffering and pain as well as loss of wages and earning capacity as well as funeral expenses where applicable.