Malpractice Litigation
The process of bringing a lawsuit for malpractice is usually an extended and complex process. It is the responsibility of the patient or an legally appointed representative to show that the doctor did not fulfill the duty of care that was owed to them and that a repercussion resulted.
Many proposals were put forward to change the legal rules governing medical
malpractice lawsuits. The trial and jury system was replaced by an alternative which would reduce costs and speed up settlements, reduce juries with excessively generous verdicts and also screen out fraudulent claims.
Misdiagnosis
Misdiagnosis is one of the most common types of medical malpractice. It occurs millions of times each year and can lead to devastating results, such as the need for surgery that is not needed lengthy hospital stays or unnecessarily invasive treatment. An incorrect diagnosis could cause death, as in some cases that involve serious injuries or illness.
In order to prove malpractice, a doctor must have breached his obligation to the patient by not diagnosing an injury or illness in a timely manner. In the majority of cases, proving the doctor's inability to adhere to the standard of care requires a specialized opinion, for instance, from an expert in medicine who has a vast knowledge of the type of illness at play in the instance. The expert must also demonstrate that the physician failed to sufficiently add the illness to his or her list of differential diagnoses using methods like asking additional questions, observing further or requesting further tests to aid in the diagnostic process.
A plaintiff must also prove that the injuries caused by the mistake were the direct result of the breach of duty. This typically involves proving actual damages like past or future medical expenses, lost income as well as pain and discomfort, diminished life span and other expenses. The plaintiff must also file a lawsuit within the statutes of limitations which typically are two or three years after the injury was caused.
The wrong procedure
It may be shocking to learn that surgeons execute the wrong procedure on a patient around 20 times per week. These surgical errors typically result in patients being faced with unanticipated medical costs and pain and suffering. A skilled medical malpractice lawyer can assist you in obtaining the reimbursement you're entitled to for your losses.
A successful malpractice suit requires a convincing argument that the doctor was negligent. A claim of malpractice based on a surgery error must demonstrate that the defendant's actions differed from the standard of care that would have been provided by doctors with similar training in similar situations. This can be accomplished by expert testimony and a thorough examination of medical documents.
During the discovery process, your attorney and the defense team will share relevant documents to use in your case. These documents may comprise medical and surgical reports, lab reports, and evidence of your injury. Your lawyer will also interview witnesses to gather information to support your case. During the interview with a witness, the attorney opposing you will inquire about your concerns under oath. This is referred to as a deposition.
The wrong-site surgery is a very rare and serious form of malpractice. This type of malpractice usually involves an error by a doctor who fails to follow surgical recommendation records or the medical history of a patient. In this case it is simple to demonstrate the negligence. However, determining who should be held accountable isn't always easy.
Wrong Drugs
Every year, over one million Americans are injured or have their health conditions worsened because of drug errors. Doctors must exercise extreme care when prescribing medications to ensure that they are safe and appropriate for the patient. If you suffer serious injury due to a doctor's deviations from the standard medical practice this could be considered malpractice.
Sometimes, the error does not occur in the doctor's office, but rather at the hospital. A nurse may misread an order for medication and prescribe the wrong dose or medication. A pharmacy can also make a mistake by filling the incorrect medication or using harmful ingredients.
Our firm handles the most common medical malpractice cases. We receive calls from patients who's doctors prescribed them the incorrect medication, causing them to suffer serious injuries and even death. Our attorneys will determine who is accountable for the injury and pinpoint where the error occurred in the chain of commands. We will help you determine the amount of your damages. This would include medical expenses, lost wages and discomfort and pain that result from injuries you suffered due to the mistake in your medication. The more severe your injuries, the greater the damages. You deserve adequate compensation. We can help you receive the compensation you deserve.
Emergency Room Errors
Emergency rooms are often high-stress and high-pressure environments. This can be a risk for patients. Doctors are pressured to treat as many patients as they can. They must also conduct tests quickly, communicate between themselves, and read and write reports while providing top-quality patient treatment. Unfortunately, these busy environments cause mistakes that could cause catastrophic harm.
ER errors can range from misdiagnosis to premature discharge of patients. The majority of ER errors result from the absence of a medical history, a misinterpretation of test results or interpretation or a failure to consult specialists. ER staff can also make mistakes when communicating with each other and with patients, for example, failing to inform patients of symptoms of allergies, health issues or other conditions or giving incorrect instructions.
To have a basis 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 would have offered in similar circumstances. The plaintiff is then required to show that their negligence caused them injury and the resulting damages. A successful plaintiff can recover compensation for future or past medical bills as well as pain and suffering, lost wages and earning potential and funeral expenses, in the event that they are applicable.