Malpractice Litigation
The process of bringing a lawsuit for malpractice is usually a long and complicated process. It is the responsibility of the patient or an legally appointed representative to prove that the doctor did not fulfill the duty of care owed them and that an injury resulted.
Various proposals have been made to modify the rules of law governing malpractice claims. They propose to replace the jury and trial system by a different system that will lower costs, speed settlements, end overly generous juries, and eliminate frivolous medical claims.
The wrong diagnosis
Misdiagnosis is among the most frequent forms of medical malpractice. It happens millions of times each year, with devastating consequences, such as unnecessary surgical procedures, prolonged hospitalizations, or invasive treatment. In some instances the wrong diagnosis can cause death.
To prove malpractice, the doctor must have breached his obligation to the patient by failing to diagnose an injury or illness accurately. In the majority of instances, proving the doctor's failure to live up to the standard of care requires a specialized opinion, such as that of an expert medical professional with extensive knowledge about the type of illness involved in the instance. The expert must also prove that the doctor did not add the disease to their differential diagnosis list by asking additional questions, making more observations or requesting further tests as part of the diagnosis procedure.
A plaintiff must also show that the injuries caused by an incorrect diagnosis result from the breach of duty. This usually means establishing damages that are actual, such as future and past medical expenses loss of income, pain and suffering, shortened life expectancy and other losses. The victim must also file the suit within the statute of limitations which usually are two or three years after the harm was caused.
Wrong Procedure
It may shock you to learn that surgeons execute the incorrect procedure on a patient approximately 20 times per week. These surgical errors typically result in patients suffering unanticipated medical expenses and additional pain and suffering. An experienced medical
malpractice lawyer could help you pursue the compensation you deserve for your losses.
A successful malpractice case requires a convincing argument that the physician is negligent. A claim of negligence stemming from a surgical error needs to demonstrate that the defendant's course action was different from the standard of care that is expected to be provided by similarly trained doctors in similar situations. This can be accomplished by expert testimony and an extensive examination of medical documents.
During the discovery phase where your attorney will exchange files with the defense team in order to be used in your case. These documents can include medical and surgical records, lab reports, and documentation of your injuries. Your lawyer will also interview witnesses to gather evidence to support your case. In the course of the interview with the witness, the attorney opposing you will be able to ask you questions under swearing. This is called a deposition.
Wrong-site surgery is a rare, but serious form of
malpractice attorneys. This kind of malpractice typically is caused by a doctor who fails to follow surgical recommendation records or a patient's medical history. In this situation it is simple to establish the negligence. It is not always easy to decide which surgeon is responsible.
Wrong Drugs
Every year, more than one million Americans are injured or have their health conditions worsened because of drug errors. Doctors must exercise extreme care when prescribing medication to ensure that they are safe and
Malpractice Lawyer suitable for the patient. If you sustain serious injuries due to the doctor's deviation from the norm of medical treatment, it could be an act of malpractice.
Sometimes, the error doesn't happen at the physician's office but rather in the hospital. A nurse might misunderstand a prescribed medication and administer the wrong dose or medication. A pharmacy can also make a mistake 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 serious injuries, and even death. Our attorneys will work to determine the source of the error within the chain of command and determine who is responsible for your injuries. We'll then help assign a value to your damages, which would include any medical expenses as well as lost wages and suffering and pain resulting from the injuries you suffered because of the medication error. The more serious your injuries, the more you'll be liable. You deserve adequate compensation. We can assist you in obtaining the settlement you require.
Emergency Room Errors
Emergency rooms are often high-stress and high-pressure environments. This can be dangerous for the patients. Doctors are often under pressure to attend to as many patients as possible and must conduct tests swiftly and be in constant communication with each other and read or write reports while providing top-quality medical attention to every patient. These busy environments can lead to mistakes with devastating consequences.
ER errors can range from the incorrect diagnosis of a patient to premature discharge. The majority of ER errors result from an absence of medical history, misinterpretation or test results and a failure consult specialists. ER staff may make errors in communicating with one another or with the patient for example, not communicating the patient's allergies or other health conditions, or not giving the correct instructions to nurses.
To have grounds for a lawsuit for malpractice the plaintiff must first to demonstrate that the medical professional violated the standard of care. The standard of care is defined as the standard of care a reasonable medical professional would provide in similar circumstances. The plaintiff is then required to show that negligence led to their injury and the resulting damages. A successful plaintiff can recover compensation for past or future medical bills including pain and suffering earnings potential and lost wages as well as funeral expenses depending on the circumstances.