Malpractice Litigation
Malpractice litigation can be a lengthy and complicated process. It requires the patient or a legally designated representative, to show that the physician had a duty to care, that the physician violated that duty, and that injuries resulted.
Many proposals were put forward to change the legal rules that govern medical
malpractice attorney claims. The trial and jury system was replaced by an alternative that could cut costs and speed settlements, eliminate excessively generous juries and also screen out frivolous claims.
Undiagnosed
Misdiagnosis is one of the most frequent forms of medical negligence. It occurs in a multitude of instances every year, with devastating consequences, such as unnecessary surgeries, long hospital stays, or ad hoc treatment. In some instances a mistake in diagnosis can cause death.
To prove malpractice, the doctor must have violated his duty to the patient by failing to diagnose an injury or illness correctly. In most cases, the inability of a doctor to meet the standards of treatment is confirmed through an expert opinion. This could be a medical professional who has extensive knowledge of the type of illness being examined. The expert should also demonstrate that the physician did not properly include the disease in his or her list of differential diagnosis using methods like asking additional questions, making additional observations or ordering additional tests in the diagnostic process.
A plaintiff also needs to prove that the injuries caused by the mistake were the direct result of the breach of duty. This typically means proving the real damages such as past or future medical expenses, income lost or lost due to pain and discomfort diminished life span, and other losses. The victim must bring the suit within the time limit of the statute of limitations which is usually two or three years from the date of the harm.
Incorrect Procedure
It may be shocking to hear, but surgeons are performing the wrong procedure on a patient about 20 times per week. These surgical mistakes often result in patients suffering unanticipated medical expenses and additional suffering and pain. An experienced medical malpractice lawyer can help you pursue the compensation you need for your losses.
A successful malpractice suit requires a strong claim that the doctor was negligent. A claim of negligence due to a surgical error needs to demonstrate that the defendant's actions was not in accordance with the norm of care that would be provided by similarly skilled physicians in similar circumstances. This can be done through expert testimony and a thorough examination of medical records.
During the discovery process your attorney and defense team will share pertinent documents for use in your case. These documents may include medical and surgical records, lab reports, and the documentation of your injuries. The lawyer will interview witnesses to gather information about your case. During the interview with a witness, the opposing attorney will ask you questions under oath. This is referred to as a deposition.
Surgery that is performed at the wrong site is a relatively rare but very serious form of malpractice. This kind of malpractice typically involves an error by the doctor who fails to adhere to the surgical recommendations or a patient's medical history. In this case it's easy to prove that negligence occurred. It is not always easy to determine the surgeon who should be held accountable.
Wrong Drugs
Each year, more than a million Americans are injured or have their health conditions worsened due to drug-related errors. Doctors must exercise extreme care when prescribing medication to ensure that they are safe and appropriate for the patient. If the doctor's actions are not in line with the medical standard of treatment and you suffer an injury as result, it could be a case of malpractice.
Sometimes an error isn't made in the doctor's office, but in the hospital. For example the nurse could not have a proper understanding of a prescription and give the wrong medication or dosage. A pharmacy could also be negligent by filling the incorrect medication or one with harmful ingredients.
Medication mistakes are the most frequent kind of medical malpractice case that our firm handles. Our
firm receives calls from clients who were prescribed the wrong medication by their physicians which resulted in serious injuries or even death. Our attorneys will determine who is at fault for the injury and pinpoint where the error occurred in the chain of command. We will then help you determine the value of your damages. This would include medical expenses or lost wages as well as suffering and pain resulting from the injuries you sustained because of the error in your medication. The more severe your injuries, the greater your damages. You deserve adequate compensation. We can assist you to get the settlement you require.
Emergency Room Errors
Emergency rooms are high-stress and high-pressure environments which can be hazardous for patients. Doctors are usually under a lot of pressure to attend to as many patients as possible and must run tests quickly, communicate with each other and write or read reports while providing top-quality medical care to every patient. However, these hectic environments can lead to mistakes that can result in catastrophic consequences.
ER errors can include anything from misdiagnosis and premature discharge of the patient. The most frequent causes of ER errors are inadequate medical history, misinterpretation of test results and failure to consult with specialists. ER staff can also make mistakes in communicating with one another or with patients, like not letting the patient's allergies or other health conditions or giving incorrect instructions to nurses.
To be able to bring a malpractice lawsuit the plaintiff has to establish that the medical professional infringed on the standard care. The standard of care is defined as the level of care a reasonable medical professional could have provided in similar circumstances. The plaintiff is then required to show that negligence led to their injury and subsequent damages. A successful plaintiff could recover damages for past and future medical bills as well as physical suffering and pain in addition to loss of wages, earning capacity, funeral expenses and funeral costs in the event that they are applicable.