Malpractice Litigation
Malpractice litigation is often a lengthy and complex procedure. It is essential for the patient or an legally appointed representative to show that the doctor violated the obligation of care owed to them, and that an injury resulted.
Many proposals have been put forward to alter the legal rules that govern malpractice (
more about Jejucordelia) claims. They propose to replace the jury and trial system with a new system that would reduce costs, expedite settlements, reduce excessively large juries and screen out unnecessary medical claims.
Undiagnosed
Medical malpractice is often caused by incorrect diagnosis. It occurs millions of times each year and can lead to devastating results, such as the need for surgery that is not needed and long hospital stays or unnecessarily invasive treatment. In some instances the wrong diagnosis can cause death.
In order to prove malpractice, a doctor must have breached his duty to the patient by not diagnosing an injury or illness in a timely manner. In most cases, the inability of a doctor to meet the standard of care is demonstrated through an expert opinion. This can be a medical professional who has extensive knowledge of the type of disease in question. The expert must also demonstrate that the doctor didn't add the disease to their list of differential diagnoses by asking additional questions, making more observations or requesting additional tests as part of the diagnosis procedure.
A plaintiff also needs to prove that the injuries caused by the incorrect diagnosis were the direct result of the breach of duty. This typically means proving the actual damages, such as past or future medical expenses, income lost, pain and discomfort, shorter life spans and other losses. The victim must also file the lawsuit within the limitations period which typically are two or three years after the incident was caused.
Wrong Procedure
It can be shocking to learn, but surgeons carry out the wrong procedure on patients around 20 times per week. These surgical errors typically result in patients being faced with unexpected medical expenses as well as pain and suffering. An experienced medical malpractice lawyer can help you obtain the compensation you require for your losses.
A successful malpractice suit demands a strong argument that the doctor was negligent. A claim of malpractice that is based on a surgical error must prove that the defendant's actions were different from the standard care that would have been provided by physicians with similar training in similar circumstances. This can be demonstrated through expert testimony as well as a thorough review of medical documents.
During the discovery process, your attorney and the defense team will exchange relevant files for use in your case. The documents could include medical and surgical records, lab reports and documentation of your injuries. Your lawyer will speak with witnesses to gather information regarding your case. During the interview with the witness, the opposing attorney will ask you questions under swearing. This is known as a deposition.
The wrong-site procedure is a very rare but very serious form of
malpractice law firm. This kind of
malpractice lawyers typically is caused by an individual doctor who does not follow surgical recommendation records or the medical history of a patient. In this instance it's possible to demonstrate that negligence was the cause. It's not always straightforward to decide which surgeon should be held accountable.
Wrong Drugs
Every year, over one million Americans are injured or have their health conditions worsened due to drug-related errors. Doctors should exercise extreme caution when prescribing medications to ensure that they are safe and suitable for the patient. If a doctor's prescription is not in accordance with the medical standard of care and you suffer a severe injury as consequence, it could be considered to be malpractice.
Sometimes, the error does not occur in the doctor's offices, but rather at the hospital. For example, a nurse might mistakenly interpret a prescription, and then administer the wrong medication or dosage. A pharmacy may also be negligent by filling in the wrong medication or one with harmful ingredients.
Our firm handles the most frequent medical malpractice claims. Our firm is frequently contacted by clients who were prescribed the wrong medicine by their doctors which resulted in serious injuries or even death. Our lawyers will identify the place where the error occurred within the chain of command and determine who is accountable for your injuries. We will help you determine the amount of your damages. This could include medical expenses, lost wages and discomfort and pain resulting from injuries you sustained due to the error in your medication. The greater the severity of your injuries, then the more you'll be liable. You deserve adequate compensation. We can assist you in obtaining the compensation you need.
Emergency Room Errors
Emergency rooms can be stressful and high-pressure environments. This could be hazardous for patients. Doctors are pressured to treat as many patients as they can. They must also run tests quickly, communicate between themselves and write and read reports, all while providing quality patient care. However, these hectic environments can lead to mistakes that can result in devastating consequences.
ER errors can range from the incorrect diagnosis of a patient to premature discharge. Most ER errors are caused by an absence of medical history, misinterpretation or test results and a failure consult with specialists. ER staff can also make mistakes in communicating with each other and with patients, such as failing to communicate a patient's symptoms of allergies, health issues or other conditions or giving incorrect advice.
To have a basis for a malpractice claim, the plaintiff has to first prove that the medical professional acted in violation of the standard of care. The standard of care is defined as the level of care that a reasonable medical professional would have offered under similar circumstances. The plaintiff has to prove that negligence led to 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, depending on the circumstances.