Malpractice Litigation
Malpractice litigation is often a long and complex process. It is essential for the patient or an legally appointed representative to prove that the doctor
malpractice lawsuit violated the duty of care owed them and that a repercussion resulted.
Various proposals were made to alter the legal rules governing medical malpractice. The trial and jury system was replaced by an alternative that could cut costs and speed settlements, remove juries that are too generous and also screen out frivolous claims.
The wrong diagnosis
Medical malpractice is usually caused by mistaken diagnosis. It occurs millions of times every year, and can result in devastating consequences, like a need for unnecessary surgery lengthy hospital stays and unnecessary treatment. In some instances a mistake in diagnosis can result in death.
To prove malpractice, the doctor must have breached his duty to the patient by not diagnosing an injury or illness correctly. In the majority of instances, proving a doctor's inability to adhere to the standards of care requires an expert opinion, for instance, from an expert medical professional who is knowledgeable about the type of illness involved in the instance. The expert must also demonstrate that the doctor failed to properly add the condition to his or her list of differential diagnoses using methods like asking additional questions, making further observations or requesting further tests as part of the diagnosis process.
A plaintiff must also prove that the injuries caused by the misdiagnosis result from the breach of duty. This usually involves establishing actual damages, such as past and future medical expenses, lost income, suffering and pain, shortened life expectancy, and other losses. The plaintiff must also file a lawsuit within the limitations period which typically are two or three years after the incident occurred.
The wrong procedure
It could be a shock to learn that surgeons execute the wrong procedure on a patient approximately 20 times per week. These errors in surgery could lead to unanticipated medical expenses and more pain for patients. A medical
malpractice law firm lawyer can assist you in obtaining the compensation you are entitled to for your losses.
A successful malpractice suit requires a convincing claim of negligence on the part of the doctor in question. A claim of negligence that stems from a surgical error needs to demonstrate that the defendant's course actions was not in accordance with the standard of care that is expected to be offered by similarly trained physicians in similar circumstances. This can be accomplished by expert testimony or a thorough analysis of medical records.
During the discovery process, your attorney and the defense team will share relevant documents to use in your case. These documents could include medical and surgical documents, lab reports, and documents of your injuries. Your lawyer will also speak with witnesses to gather evidence for your case. During the interview, you will be questioned under oath from the opposing counsel. This is known as a deposition.
Surgery performed on the wrong site is a rare, but serious type of malpractice. This kind of malpractice typically results from an error made by an individual doctor who does not adhere to the surgical recommendations or the medical history of a patient. In this instance, it can be easy to demonstrate that negligence was the cause. It is not always easy to decide which surgeon should be held accountable.
Wrong Drugs
Every year, over a million Americans are injured or have their health issues worsened due to drug-related errors. Doctors must exercise extreme caution when prescribing drugs to ensure that they are appropriate and safe for the patient. If you suffer serious injury because of the doctor's deviation from standard medical practice it could be a case of negligence.
Sometimes errors don't occur at the doctor's office but rather in the hospital. For instance the nurse could misread a prescription and administer the wrong dosage or medication. A pharmacy may also be negligent by filling in the wrong medication or a medicine with harmful ingredients.
Our firm handles the most common medical malpractice cases. We get calls from clients who's doctors prescribed them the wrong medication, leading them to suffer serious injuries or even death. Our attorneys will work to determine where the error occurred within the chain of command and who is responsible for your injuries. We will help you determine the value of your damages, which will include any medical expenses or lost wages as well as the pain and suffering that resulted from the injuries you sustained as a result of the medication error. The more serious your injuries, then the more damages you will incur. You deserve adequate compensation. We can assist you in obtaining the settlement you require.
Emergency Room Errors
Emergency rooms can be stressful and high-pressure environments. This can be risky for patients. Doctors are under pressure to take care of as many patients as they can. They also must conduct tests quickly, interact with themselves and write and read reports while providing top-quality patient care. This pressure could lead to errors with catastrophic consequences.
ER errors include everything from the incorrect diagnosis of a patient to premature discharge. The majority of ER errors result from the absence of a medical history, a mistake in interpretation or test results and a failure consult specialists. ER staff can also make mistakes when 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 establish grounds for a
malpractice lawsuit, the plaintiff must first demonstrate that the medical professional violated the standard of care. The standard of care is defined as the amount of care a reasonable medical professional could have provided under similar circumstances. The plaintiff must demonstrate that negligence was the reason for their injuries and damages. A successful plaintiff could recover damages for past and future medical bills, physical suffering and pain loss of earnings, earning capacity as well as funeral expenses when appropriate.