Malpractice Litigation
Malpractice litigation can be a lengthy complex process. It requires the patient or a legally designated representative, to show that the physician owed them a duty of care, that the physician did not fulfill that duty and injuries resulted.
There were a variety of proposals made to change the legal rules governing medical malpractice claims. The trial and jury system was replaced by an alternative which would reduce costs and speed up settlements, eliminate juries that were too generous and eliminate frivolous claims.
Undiagnosed
The misdiagnosis of a patient is among the most common forms of medical negligence. It happens thousands of times every year and can result in devastating results, such as a need for unnecessary surgery lengthy hospital stays and unnecessary treatment. In some instances the wrong diagnosis can result in death.
To prove malpractice, the doctor must have breached his obligation to the patient by failing to diagnose an injury or illness correctly. In most cases, the failure of the physician to perform the required treatment is confirmed through an expert opinion. This can be an expert medical professional who has vast knowledge of the kind of illness that is being investigated. The expert has to prove that the doctor did not add the illness to their list of differential diagnoses by asking additional questions, conducting more examinations or ordering additional tests in the diagnosis procedure.
A plaintiff also has to prove that the injuries caused by an error in diagnosis are a direct result of the breach of duty. This usually involves establishing actual damages, like future and past medical expenses as well as lost income, pain and suffering, shortened life expectancy, and other losses. The victim must bring the lawsuit within the statute of limitation which is usually two or three years after the date of the incident.
Incorrect Procedure
It's not a pleasant thing to hear that surgeons perform the wrong procedure on a patient around 20 times a week. These surgical errors could result in unanticipated medical costs and additional discomfort for patients. An experienced medical
malpractice attorneys lawyer can help you obtain the compensation you require for your losses.
A successful malpractice lawsuit requires a convincing argument that the physician is negligent. A claim of malpractice stemming from a surgical error must prove that the defendant's actions deviated from the usual care that would have been provided by doctors with similar training in similar situations. This can be achieved through expert testimony and a thorough examination of medical records.
During the discovery phase in the discovery phase, your lawyer will exchange files with the defense team in order to be used in your case. These documents may include medical and surgery reports, lab reports, and other evidence of your injuries. Your lawyer will also interview witnesses to gather information for 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 very serious form of malpractice. This type of error is usually caused due to a doctor's failure follow the surgical guidelines or the medical records of the patient. In this situation it's possible to prove that negligence occurred. However, determining who is liable for the negligence is not always easy.
Wrong Drugs
Drug errors cause harm or worsening of health conditions in more than a half a million Americans every year. Doctors should exercise extreme caution when prescribing drugs to ensure that they are safe and appropriate for the patient. If a doctor's decision isn't in line with the medical standard of treatment and you suffer an injury as a result, it may be malpractice.
Sometimes the error doesn't occur at the physician's office but in the hospital. A nurse could misunderstand the prescription and give the wrong dosage or medication. A pharmacy could also be negligent by filling out the wrong prescription or a medication with harmful ingredients.
Our firm deals with the most common medical malpractice claims. We receive calls from clients who's doctors prescribed the wrong medication, causing them to suffer serious injuries or even death. Our
lawyers will determine where the error happened in the chain of command and determine who is responsible for your injuries. We will assist you in determining the amount of your damages. This includes medical expenses, lost wages, discomfort and pain resulting from injuries sustained as a result of the medication mistake. The more severe your injuries, the more your damages. You deserve adequate compensation. We can help you obtain the compensation you need.
Emergency Room Errors
Emergency rooms are often high-stress and high-pressure environments. This could be hazardous for the patients. Doctors are usually under a lot of pressure to see as many patients as they can and are required to run tests quickly, communicate with each other and read or write reports while delivering high-quality medical care to every patient. However, these hectic environments can cause mistakes that could cause catastrophic harm.
ER errors can range from misdiagnosis, to premature discharge of patients. Most ER errors result from the absence of a medical history, a misinterpretation of test results or interpretation, and a failure to consult with specialists. ER staff may also make mistakes in communicating with each other or with the patient such as not communicating the patient's allergies, or any other health conditions or giving incorrect instructions to nurses.
To be able to bring a lawsuit based on malpractice, the plaintiff first has to demonstrate that the medical professional infringed on the standard care. The standard of care is defined as the level of care that a reasonable medical professional would have provided under similar circumstances. The plaintiff must establish that the negligence is responsible for their injury and damages. A successful plaintiff can recover compensation for past and future medical bills, physical suffering, loss of wages and earning capacity as well as funeral expenses where applicable.