Malpractice Litigation
Malpractice litigation is often a lengthy and complex process. It requires the patient or a legally authorized representative, to prove that the physician had a duty to care, that the physician breached that duty and that harm resulted.
Various proposals were made to change the legal rules governing medical malpractice. The trial and jury system was replaced with an alternative that could cut costs, speed up settlements, eliminate juries that were too generous and also screen out frivolous claims.
Undiagnosed
Medical malpractice is often caused by mistaken diagnosis. It happens a lot every year and can result in devastating consequences, including the need for unnecessary surgery or long hospital stays and unnecessarily aggressive treatment. In some instances an error in diagnosis could cause death.
To prove that there was a malpractice, it must be demonstrated that the doctor owed the patient a duty and breached this duty by failing to diagnose the illness or injury properly. In the majority of cases, proving the doctor's failure to live up to the standards of care requires an expert opinion, such as that of an expert medical professional with a deep understanding of the specific illness that is at issue in the case. The expert should also demonstrate that the doctor did not sufficiently add the illness to his or her list of differential diagnoses by using methods such as asking more questions, making additional observations or requesting additional tests as part of the diagnosis process.
A plaintiff must also prove that the injuries caused by an incorrect diagnosis result from the breach of duty. This typically means establishing damages that are actual, such as past and future medical expenses as well as lost income, suffering and pain, shortened life expectancy 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.
The wrong procedure
It may be shocking to discover that surgeons perform the incorrect procedure on a patient around 20 times a week. These surgical mistakes often result in patients suffering unanticipated medical expenses and additional pain and suffering. A skilled medical
malpractice lawyer can assist you in obtaining the compensation you need for your losses.
A successful malpractice lawsuit requires a convincing argument that the physician is negligent. A claim of
malpractice attorneys stemming from a surgical mistake must prove that the defendant's actions diverged from the standard care that would have been offered by physicians with similar training in similar situations. This can be demonstrated through expert testimony or a thorough analysis of medical documents.
During the discovery process your attorney and defense team will share relevant files for use in your case. These files could include medical and surgical records, lab reports and other evidence of your injuries. Your lawyer will interview witnesses to gather information about your case. During the interview you will be questioned under oath by opposing counsel. This is called a deposition.
Wrong-site surgeries are a relatively rare but very serious type of malpractice. This kind of malpractice is usually caused by a doctor's failure to follow the surgical recommendation records or the medical record of the patient. In this situation it's possible to demonstrate that negligence was the cause. However, determining which surgeon is liable for the negligence is not always easy.
Wrong Drugs
Each year, more than a million Americans are injured or have their health issues worsened because of drug errors. Doctors should exercise extreme care when prescribing drugs, to ensure they are safe and appropriate for the patient. If you sustain serious injuries because of the doctor's deviation from the norm of medical practice there could be an act of malpractice.
Sometimes, the error doesn't happen at the physician's office but in the hospital. A nurse might misunderstand the prescription for a medication and then administer the wrong dose or medication. A pharmacy may also make an error in filling the wrong medication or a medication with harmful ingredients.
Our firm handles the most frequent medical malpractice cases. We get calls from clients who's doctor prescribed them the wrong medication, causing them to suffer severe injuries, and even death. Our attorneys will determine who is accountable for the injury and where the error occurred within the chain of command. We will help you assign a value to your damages, which will include medical expenses along with lost wages, the pain and suffering that resulted from the injuries you suffered because of the medication error. The more severe your injuries, the greater your damages. You deserve adequate compensation. We can help you receive the settlement you deserve.
Emergency Room Errors
Emergency rooms are high-stress and high-pressure environments that can be dangerous for patients. Doctors are under pressure to care for as many patients as they can. They also have to conduct tests quickly, communicate with themselves and write and read reports while providing top-quality patient treatment. Unfortunately, these busy environments lead to mistakes that can have catastrophic consequences.
ER errors can include anything from misdiagnosis to premature discharging of patients. Most ER errors are caused by a lack of medical history, a misinterpretation of test results or interpretation and a failure consult with specialists. ER staff can be unable to communicate 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 be able to bring a lawsuit based on
malpractice attorney the plaintiff must first to show that the medical professional violated the standard care. The standard of care is defined as the standard of care that a reasonable medical professional would have offered under similar circumstances. The plaintiff must demonstrate that negligence was the cause for their injuries and damages. A successful plaintiff will be able to recover compensation for past or future medical bills along with pain and suffering, loss of earnings and wages, and funeral expenses, depending on the circumstances.