Malpractice Litigation
malpractice law firm litigation can be a lengthy complicated procedure. It requires the patient or a legally designated representative, to show that the doctor had a duty to care, and that the doctor violated that duty, and that injury resulted.
There were a variety of proposals made to change the lawful rules that govern medical malpractice claims. The trial and jury system was replaced with an alternative that could cut costs and speed settlements, eliminate juries that were too generous, and screen out fraudulent claims.
Misdiagnosis
Misdiagnosis is one of the most prevalent forms of medical malpractice. It occurs countless times each year, with devastating consequences, including unneeded surgery, lengthy hospital stays, or aggressive treatment. A misdiagnosis could lead to death, as there are instances of serious illness or injury.
To prove malpractice, the doctor must have violated his obligation to the patient by failing to diagnose an injury or illness correctly. In most instances, proving the doctor's failure to live up to the standard of care requires a specialized opinion, such as an expert in medicine who has a vast knowledge of the specific illness that is at issue in the instance. The expert must also show that the doctor did not properly include the disease in the list of differential diagnoses by using methods such as asking more questions, making additional observations, or ordering more tests as part of the diagnosis process.
A plaintiff also has to prove that the injuries caused by the misdiagnosis result of the breach of duty. This typically means proving the actual damages like past or future medical expenses, lost income as well as pain and discomfort, shortened life span, and other losses. The plaintiff must also file the lawsuit within the limitations period which typically are two or three years after the incident occurred.
Incorrect Procedure
It may shock you to learn that surgeons carry out the wrong procedure on a patient approximately 20 times per week. These surgical errors typically result in patients being faced with unexpected medical expenses as well as suffering and pain. An experienced medical
malpractice lawyer can help you obtain the compensation you deserve for your losses.
A successful malpractice case requires a convincing argument that the doctor is negligent. A claim of negligence stemming from a surgical error must show that the defendant's course of actions was not in accordance with the standard of care that would be provided by similarly trained doctors in similar circumstances. This can be accomplished through expert testimony and a thorough examination of medical documents.
During the discovery process your attorney and defense team will share relevant documents to be used in your case. These documents may include medical and surgical records, lab reports, as well as documentation of your injury. Your lawyer will speak with witnesses in order to gather information on your case. In the course of the interview with the witness, the attorney opposing you will ask you questions under swearing. This is referred to as a deposition.
Surgery performed on the wrong site is a rare and serious form of malpractice. This kind of malpractice is usually triggered by a doctor's inability to follow the surgical advice records or the patient's medical records. In this situation it's easy to prove that negligence took place. However, determining which surgeon should be held responsible is not always straightforward.
Wrong Drugs
Every year over one million Americans are injured or have their health conditions worsened because of drug errors. Doctors should exercise extreme care when prescribing medicines, to ensure that they are safe and appropriate for the patient. If you suffer serious injury because of the doctor's deviations from the standard medical procedure it could be a case of malpractice.
Sometimes, the error may not occur in the doctor's offices or in the hospital. A nurse could misunderstand an order for medication and prescribe the wrong dose or medication. A pharmacy may also make an error by filling the wrong prescription or filling a medicine that contains harmful ingredients.
Medication errors are the most common type of medical
malpractice law firms claim which our firm handles. Our firm gets calls from clients who have been prescribed the wrong medicine by their doctors that resulted in severe injuries or even death. Our attorneys will determine where the error happened in the chain of command and who is responsible for your injuries. We will assist you in determining the amount of your damages. This includes medical expenses, lost wages and pain and discomfort resulting from injuries you sustained due to the error in medication. The more severe your injuries, the more your damages. You deserve adequate compensation. We can assist you to get the settlement you deserve.
Emergency Room Errors
Emergency rooms are high-stress, high-pressure environments that can be dangerous for patients. Doctors are under pressure to take care of as many patients as they can. They must also run tests quickly, communicate between themselves, and read and write reports and provide high-quality patient treatment. Unfortunately, these busy environments lead to mistakes that can result in devastating consequences.
ER errors can range from misdiagnosis and premature discharge of a patient. The majority of ER errors result from an absence of medical history, a incorrect interpretation of test results or diagnosis and a failure consult specialists. ER staff can also make mistakes when communicating with one another or with the patient for example, not communicating a patient's allergies or adverse health conditions or giving incorrect instructions to nurses.
In order to be able for a lawsuit for malpractice the plaintiff has to prove that the medical professional acted in violation of standard of care. The standard of care refers to the level of care that a reasonable medical professional with the same education and experience would provide in similar circumstances. The plaintiff must establish that the negligence was responsible for their injury and damages. A successful plaintiff may be able to obtain compensation for past or future medical bills including pain and suffering lost wages and earning potential, and funeral expenses, when applicable.