Malpractice Litigation
Malpractice litigation is often a long and complex 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 were made to alter the guidelines governing medical malpractice. The trial and jury system was replaced with an alternative that would cut costs and speed settlements, eliminate excessively generous juries and also screen out frivolous claims.
Misdiagnosis
The misdiagnosis of a patient is among the most prevalent forms of medical malpractice. It happens millions of times each year and can have devastating effects, including the need for unneeded surgery, long hospital stays, or unnecessarily invasive treatment. An incorrect diagnosis could lead to death, as in some cases involving severe illness or injury.
To prove that there was a malpractice, it must be demonstrated that the doctor was bound by an obligation to the patient and breached the obligation by failing to recognize the injury or illness properly. In the majority of cases, the failure of the doctor to meet the standard of medical care is established through an expert opinion. This could be a medical professional who has vast knowledge of the kind of illness in question. The expert must also demonstrate that the physician did not adequately add the disease to his or her list of differential diagnosis by using methods such as asking more questions, observing further or requesting further tests as part of the diagnosis procedure.
A plaintiff must also show that the injuries resulting from the misdiagnosis were the direct result of the breach of duty. This typically involves proving actual damages such as past or future medical expenses, income loss in the form of pain and discomfort, reduced life span, and other losses. The victim must also file the lawsuit within the statute of limitations, which are usually two or three years after the incident occurred.
Wrong Procedure
It may be shocking to learn that surgeons execute the incorrect procedure on patients around 20 times per week. These mistakes could lead to unanticipated medical expenses and more suffering for patients. A medical malpractice lawyer can help you receive the compensation you're due for your losses.
A successful malpractice lawsuit requires a strong claim of negligence on the part of the physician in question. A claim of negligence based on an error in surgery must prove that the defendant's procedure was in violation of the standard of care that is expected to be provided by similarly skilled doctors in similar situations. This can be demonstrated through expert testimony as well as a thorough review of medical records.
During the discovery process, your attorney and the defense team will exchange relevant documents to use in your case. The documents could include medical and surgical records, lab reports, and documentation of your injuries. Your lawyer will interview witnesses in order to gather information about your case. In the witness interview, you will be asked questions under oath from the opposing counsel. This is referred to as a deposition.
Wrong-site surgeries are a relatively rare, but serious form malpractice. This type of
malpractice is usually caused by a doctor's inability to adhere to the surgical recommendations or the medical record of the patient. In this situation it's possible to prove that negligence occurred. It's not always simple to determine which surgeon should be held responsible.
Wrong Drugs
Each year, more than one million Americans are injured or have their health conditions worsened by errors in prescription drugs. Doctors must use extreme care when prescribing drugs to ensure they are appropriate and safe for the patient. If the doctor deviates from the medical standard of care and you suffer serious injury as a result, it may be a case of malpractice.
Sometimes, the error does not occur at the doctor's office however, but instead at the hospital. A nurse might misunderstand the prescription for a medication and then administer the wrong dose or medication. The pharmacy could also make mistakes by filling wrong prescription or filling a medicine that contains harmful ingredients.
Medication errors are the most popular kind of medical
malpractice law firm case that our firm deals with. We receive calls from clients who's doctors prescribed them the wrong medication, causing them to suffer serious injuries or even death. Our attorneys will identify the place where the error occurred in the chain of command, and who is responsible for your injuries. We will assist you in determining the amount of your damages. This would include medical costs, lost wages and discomfort and pain caused by injuries you sustained due to the error in your medication. The greater the severity of your injuries, the more damages you will incur. You deserve adequate compensation. We can help you get the settlement you require.
Emergency Room Errors
Emergency rooms are high-stress, high pressure environments that can be dangerous for patients. Doctors are usually under pressure to see as many patients as they can and are required to run tests quickly and be in constant communication with each other, and read or write reports all while providing quality medical care to every patient. These busy environments can lead to errors that can have disastrous consequences.
ER mistakes range from the incorrect diagnosis of a patient to premature discharge. Most ER errors result from the absence of medical history, a incorrect interpretation of test results or diagnosis and a failure consult specialists. ER staff can make errors in communicating with one another 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 needs to prove that the medical professional acted in violation of standard of care. The standard of care is defined as the amount of care that a reasonable medical professional would have provided in similar circumstances. The plaintiff must show that negligence was the cause for their injury and damages. A successful plaintiff can recover compensation for past or future medical bills along with pain and suffering, lost wages and earning potential, and funeral expenses, when applicable.