Malpractice Litigation
The process of bringing a lawsuit for malpractice is usually a long and complex procedure. It is necessary for the patient or legally appointed representative to prove that the doctor did not fulfill the duty of care that was owed to them and that an injury resulted.
Various proposals have been made to modify the rules of
law governing malpractice claims. The idea is to replace the jury and trial system with a new system that would reduce costs, speed settlements, end overly generous juries, and eliminate unsubstantial medical claims.
Incorrect diagnosis
Medical malpractice is usually caused by mistakes in diagnosis. It happens thousands of times each year and can lead to devastating results, such as a need for unnecessary surgery or long hospital stays or unnecessarily invasive treatment. In some instances an error in diagnosis could result in death.
To prove malpractice the evidence must show that the doctor owed obligations to the patient and breached the obligation by failing to identify the injury or illness properly. In most instances, proving that the doctor's inability to adhere to the standard of care requires a specialized opinion, such as from an expert in medicine who has a vast knowledge of the specific illness that is at issue in the case. The expert must also prove that the physician did not properly include the disease in his or her list of differential diagnoses using methods like asking additional questions, observing further or requesting further tests as part of the diagnostic process.
A plaintiff must also prove that the injuries resulting from the incorrect diagnosis resulted directly from the breach of duty. This typically involves proving damages that are actual, such as past and future medical expenses loss of income, suffering and pain, shortened life expectancy and other damages. The victim must file the suit within the time frame of the statute of limitations which typically is two or three years from the date of the injury.
Incorrect Procedure
It's not a pleasant thing to learn, but surgeons are performing the wrong procedure on a patient about 20 times per week. These errors in surgery can lead to unanticipated medical costs and additional pain for patients. An experienced medical malpractice lawyer could help you obtain the compensation you need for your losses.
A successful malpractice suit requires a strong argument that the doctor was negligent. A malpractice claim based on a surgery error must show that the defendant's actions deviated from the standard of care that would have been provided by doctors who have similar training in similar situations. This can be accomplished by expert testimony and a thorough examination of medical records.
During the discovery process your attorney and defense team will share pertinent documents for use in your case. The documents could include medical and surgical documents, lab reports, and evidence of your injuries. Your lawyer will also interview witnesses to gather evidence to support your case. During the interview with the witness, the opposing attorney will ask you questions under oath. This is called a deposition.
Wrong-site surgeries are a relatively rare yet serious form of
malpractice attorneys. This kind of malpractice is usually triggered by a physician's failure to adhere to the surgical recommendations or the medical record of the patient. In this situation, it can be easy to establish that negligence occurred. However, determining who should be held liable is not always straightforward.
Wrong Drugs
Drug-related errors can cause injuries or worsening health issues in more than a half million Americans every year. Doctors must use extreme care when prescribing drugs to ensure that they are safe and appropriate for the patient. If the doctor's actions are not in line with the medical standard of treatment and you suffer an injury as a result, it may be considered to be malpractice.
Sometimes the error doesn't occur in the doctor's offices but in the hospital. A nurse may misread a prescribed medication and administer the wrong dosage or medication. A pharmacy could also make an error by filling the incorrect medication or a drug with harmful ingredients.
Medication errors are the most popular kind of medical malpractice claim that our firm takes care of. We receive calls from clients whose doctors prescribed them the wrong medication, leading them to suffer severe injuries and even death. Our lawyers will determine the source of the error in the chain of command and who's responsible for your injuries. We will assist you in determining the value of your damages. This could include medical expenses, lost wages, and discomfort and pain that result from injuries sustained as a result of the medication mistake. The more severe your injuries, the more the damages. You deserve adequate compensation. We can help you get the compensation you need.
Emergency Room Errors
Emergency rooms are high-stress, high-pressure environments that could be dangerous for patients. Doctors are often under pressure to take on as many patients as possible and are required to run tests quickly and also communicate with each other and write or read reports while providing top-quality medical care to each patient. These busy environments can result in mistakes that have catastrophic consequences.
ER errors can include anything from misdiagnosis to premature discharging of patients. The most frequent 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 with one another or with the patient, such as not communicating a patient's allergies or adverse health conditions or giving incorrect instructions to nurses.
To be able to file a
malpractice lawsuit the plaintiff first needs to show that the medical professional acted in violation of standard care. The standard of care is defined as the standard of care that a reasonable medical professional could have provided under similar circumstances. The plaintiff is then required to show that negligence caused the injury and subsequent damages. A successful plaintiff may recover damages for past and future medical bills as well as physical suffering and pain as well as loss of wages and earning capacity as well as funeral expenses in the event that they are applicable.