Malpractice Litigation
Malpractice litigation can be a long and complicated process. It is necessary for the patient or a legally appointed representative to show that the doctor did not fulfill the duty of care that was owed to them and that an injury resulted.
Many proposals were put forward to alter the legal rules that govern medical malpractice claims. The trial and jury system was replaced with an alternative that would cut costs and speed settlements, eliminate excessively generous juries and weed out fraudulent claims.
Misdiagnosis
Medical malpractice is usually caused by misdiagnosis. It happens millions of times every year, and can result in devastating consequences, including the need for unneeded surgery and long hospital stays and unnecessary treatment. A misdiagnosis can even result in death in some cases that involve serious illness or injury.
To prove
malpractice, it must be demonstrated that the doctor owed the patient a duty and breached this obligation by not diagnosing the condition or injury correctly. In the majority of cases, the failure of the physician to perform the required medical care is established through an expert opinion. This could be an expert in medicine who has vast knowledge of the kind of illness being examined. The expert must also demonstrate that the physician failed to sufficiently add the illness to his or her list of differential diagnoses using methods such as asking more questions, making additional observations or ordering additional tests as part of the diagnostic process.
A plaintiff must also show that the injuries caused by a misdiagnosis are a direct result of the breach of duty. This typically involves proving actual damages such as past or future medical expenses, lost income in the form of pain and discomfort, diminished life span, and other damages. Finally, the victim must file the lawsuit within the time frame of the statute of limitations which is typically two or three years from the date of the injury.
The wrong procedure
It may shock you to learn that surgeons carry out the wrong procedure on a patient approximately 20 times a week. These surgical errors often result in patients being faced with unanticipated medical costs and pain and suffering. A skilled medical
malpractice lawyer could help you obtain the compensation you need for your losses.
A successful malpractice case requires a convincing case of negligence on the part of the doctor in the dispute. A claim of malpractice stemming from a surgical error must show that the defendant's actions diverged from the usual care that would have been provided by doctors who have similar training in similar situations. This can be accomplished through expert testimony and a thorough review of medical documents.
During the discovery process your attorney and defense team will share relevant documents to use in your case. These documents may include medical and surgical reports, lab reports and documents of your injuries. Your lawyer may also interview witnesses to gather information to support your case. During the witness interview you will be questioned under oath, by the opposing counsel. This is known as a deposition.
Surgery performed on the wrong site is a rare and serious form of
malpractice attorneys. This type of negligence is usually caused by a doctor's inability to follow the surgical guidelines or the medical records of the patient. In this instance it is possible to establish that negligence occurred. It's not always simple to determine which surgeon is accountable.
Wrong Drugs
Every year, more than one million Americans are injured or have their health conditions worsened by errors in prescription drugs. Doctors should exercise extreme caution when prescribing medications to ensure that they are safe and suitable for the patient. If you suffer serious injury due to the doctor's deviation from standard medical practice it could be a case of negligent.
Sometimes an error isn't made in the doctor's offices but in the hospital. For instance a nurse may misread a prescription and administer the wrong medication or dosage. A pharmacy may also make mistakes by filling incorrect prescription or filling the medication with harmful ingredients.
Our firm deals with the most frequent medical malpractice claims. We receive calls from clients who's doctors prescribed the wrong medication, which caused them to suffer severe injuries or even death. Our attorneys will determine who is at fault for the injury and pinpoint where the error occurred within the chain of command. We will help you determine the value of your damages, which could include any medical expenses or lost wages as well as suffering and pain that results from the injuries you suffered as a result of the medication error. The more serious your injuries, then the greater your damages. You deserve adequate compensation. We can help you receive the settlement you deserve.
Emergency Room Errors
Emergency rooms are high-stress and high-pressure environments that pose a risk to patients. Doctors are often under pressure to treat as many patients as they can and are required to run tests quickly, communicate with each other and write or read reports all while providing quality medical care to each patient. Unfortunately, these busy environments result in mistakes that could result in devastating consequences.
ER errors include everything from the incorrect diagnosis of a patient to premature discharge. The most frequent causes of ER errors are a lack of medical history, misinterpretation of test results and failure to consult with specialists. ER staff may also make mistakes when communicating with each other or with the patient, such as not communicating the patient's allergies or health conditions or giving incorrect instructions to nurses.
In order to have grounds for a malpractice lawsuit, the plaintiff must first prove that the medical professional breached the standard of care. The standard of care refers to the level of care that a reasonable medical professional with the same training and experience would provide in similar circumstances. The plaintiff must show that negligence was the cause for their injury and damages. A successful plaintiff could recover compensation for past and future medical bills, physical suffering and pain, loss of wages and earning capacity and funeral expenses where appropriate.