Malpractice Litigation
malpractice lawsuits litigation is often an extended and
firm complex process. It requires the patient, or a legally appointed representative, to prove that the physician was bound by a duty of care, that the doctor violated the duty and injury resulted.
Various proposals have been made to alter the legal rules that govern malpractice claims. They propose to replace the trial and jury system by a different system that will lower costs, speed settlements, reduce excessively generous juries and filter out fraudulent medical claims.
The wrong diagnosis
Misdiagnosis is among the most common forms of medical malpractice. It occurs in a multitude of instances every year, resulting in devastating consequences, including unneeded surgery, lengthy hospital stays, or ad hoc treatment. In some cases the wrong diagnosis can cause death.
To prove that there was a malpractice, the doctor must have breached his duty to the patient by failing to diagnose an injury or illness accurately. In most cases, the failure of the physician to meet the standards of treatment is confirmed through an expert opinion. This can be an expert medical professional who has vast knowledge of the kind of illness in question. The expert must also demonstrate that the doctor failed to properly add the condition to his or her list of differential diagnoses by using methods such as asking more questions, making additional observations, or ordering more tests as part of the diagnostic procedure.
A plaintiff must also show that the injuries caused by the incorrect diagnosis were the direct result of the breach of duty. This usually involves proving actual damages such as past or future medical expenses, loss of income in the form of pain and discomfort, shortened life span, and other damages. Additionally, the plaintiff must file the suit within the time limit of the statute of limitations, which is typically two or three years after the date of the incident.
The wrong procedure
It could be a shock to discover that surgeons perform the incorrect procedure on a patient approximately 20 times per week. These surgical errors typically result in patients suffering unanticipated medical bills and suffering and pain. A medical
malpractice attorneys lawyer can help you receive the compensation you deserve for your losses.
A successful malpractice case requires a convincing claim of negligence on the part of the doctor in the dispute. A claim of negligence due to an error in surgery needs to prove that the defendant's procedure was in violation of the standard of care that is expected to be provided by similarly trained doctors in similar situations. This can be done through expert testimony or a thorough analysis of medical records.
During the discovery phase, your attorney will exchange documents with the defense team that will be used in your case. The documents could include medical and surgery documents, lab reports as well as documentation of your injury. Your lawyer will interview witnesses in order to gather information about your case. In the witness interview you will be asked questions under oath, by the opposing counsel. This is known as a deposition.
Wrong-site surgeries are a rare yet serious form of malpractice. This kind of negligence is usually caused due to a doctor's failure adhere to the surgical recommendations or the medical record of the patient. In this situation it's easy to prove that negligence took place. However, determining which surgeon should be held liable isn't always easy.
Wrong Drugs
Every year, over a million Americans are injured or have their health conditions worsened by drug errors. Doctors must exercise extreme caution when prescribing medicines to ensure that they are safe and suitable for the patient. If you sustain serious injuries because of the doctor's deviation from the norm of medical care it could be a case of negligent.
Sometimes, the error doesn't happen at the physician's office but in the hospital. For instance a nurse may not have a proper understanding of a prescription and give the wrong medication or dosage. The pharmacy could also be negligent by filling out the wrong prescription or one with harmful ingredients.
Medication errors are the most popular kind of medical malpractice claim that our
firm handles. Our firm receives calls from clients who have been prescribed the wrong medication by their doctor that resulted in severe injuries or even death. Our lawyers will identify the place where the error occurred in the chain of command and determine who is accountable for your injuries. We will help you determine the amount of your damages. This includes medical expenses, lost wages, discomfort and pain that result from injuries sustained as a result of the error in medication. The more severe your injuries, the greater your damages. You deserve adequate compensation. We can help you obtain the compensation you need.
Emergency Room Errors
Emergency rooms are high-stress, high-pressure settings that can be dangerous for patients. Doctors are often under pressure to treat as many patients as possible and run tests as quickly as they can and be in constant communication with each other and write or read reports while also providing high-quality care to each patient. Unfortunately, these busy environments cause mistakes that could result in catastrophic consequences.
ER errors can include anything from misdiagnosis to premature discharging of patients. The most frequent causes of ER mistakes are an insufficient medical history as well as misinterpretation of results from tests and failure to consult with specialists. ER staff can make errors in communicating with one another or with the patient such as not communicating the patient's allergies or other health conditions, or not giving the correct instructions to nurses.
To have grounds for
firm a malpractice lawsuit the plaintiff first needs to demonstrate that the medical professional acted in violation of standard care. The standard of care is defined as the level of care that a reasonable medical professional would have provided in similar circumstances. The plaintiff must establish that negligence was the cause for their injury and damages. A successful plaintiff may recover compensation for future and past medical bills as well as physical suffering loss of earnings, earning capacity, funeral expenses and funeral costs where applicable.