Malpractice Litigation
Malpractice litigation can be a long and complicated process. It is essential for the patient or a legally appointed representative to prove that the physician breached the duty of care owed them and that a repercussion resulted.
Many proposals were put forward to change the legal rules governing medical malpractice. The trial and jury system was replaced with an alternative which would reduce costs and speed up settlements. It would also eliminate excessively generous juries and also screen out frivolous claims.
The wrong diagnosis
The misdiagnosis of a patient is among the most common types of medical malpractice. It happens a lot every year and can result in devastating effects, including the need for unnecessary surgery lengthy hospital stays and unnecessary treatment. In some instances the wrong diagnosis can cause death.
To prove malpractice, it must be demonstrated that the doctor owed obligations to the patient and breached the duty by failing to diagnose the illness or injury properly. In the majority of cases, failure of the doctor to provide the required treatment is confirmed by an expert's assessment. This could be a medical professional with vast knowledge of the kind of illness in question. The expert has to prove that the doctor did not add the condition to their list of differential diagnoses by asking additional questions, conducting more examinations or requesting further tests in the diagnosis procedure.
A plaintiff must also demonstrate that the injuries caused by an incorrect diagnosis result from the breach of duty. This usually means proving real damages such as past or future medical expenses, lost income or lost due to pain and discomfort shortened life span and other expenses. Additionally, the plaintiff must file the suit within the time frame of the statute of limitations which is usually two or three years after the date of the injury.
Wrong Procedure
It could be a shock to learn that surgeons perform the wrong procedure on a patient approximately 20 times per week. These surgical errors typically result in patients suffering unanticipated medical expenses and additional pain and suffering. An experienced medical malpractice lawyer can help you obtain the compensation you need for your losses.
A successful malpractice suit demands a strong argument that the doctor is negligent. A claim of malpractice stemming from a surgical mistake must prove that the defendant's actions deviated from the usual care that would have been provided by physicians with similar training in similar circumstances. This can be accomplished 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. These documents may include medical and surgery records, lab reports and documentation of your injury. The lawyer will interview witnesses in order to gather information regarding your case. In the witness interview, you will be questioned under oath from the opposing counsel. This is known as a deposition.
Surgery performed on the wrong site is a rare, but serious form
malpractice attorneys. This kind of malpractice typically results from an error made by the doctor who fails to adhere to the surgical recommendations or the medical history of a patient. In this instance, it can be easy to establish that negligence occurred. However, determining who should be held accountable is not always straightforward.
Wrong Drugs
Drug errors cause harm or worsening of health conditions in more than a half a million Americans each year. Doctors must exercise extreme care when prescribing medications to ensure that they are safe and suitable for the patient. If you sustain serious injuries due to the doctor's deviation from the norm of medical treatment it could be a case of an act of malpractice.
Sometimes the error does not occur at the doctor's office or in the hospital. For instance the nurse could miss-read a prescription and prescribe the wrong dosage or medication. A pharmacy can also make a mistake when filling a prescription with the wrong medication or using harmful ingredients.
Our firm is able to handle the most frequent medical malpractice cases. We get calls from clients who's doctors prescribed them the wrong medication, leading them to suffer severe injuries, and even death. Our attorneys will work to determine the source of the error within the chain of command, and who is accountable for your injuries. We will assist you in determining the value of your damages. This includes medical costs, lost wages and discomfort and pain resulting from injuries you sustained due to the error in medication. The more severe your injuries, the greater your damages. You deserve adequate compensation. We can assist you to get the compensation you deserve.
Emergency Room Errors
Emergency rooms can be stressful and high-pressure environments. This can be risky for the patients. Doctors are often under a lot of pressure to attend to as many patients as possible and are required to run tests quickly and be in constant communication with each other, and read or write reports while providing top-quality medical care to each patient. This pressure can lead to errors that can have catastrophic consequences.
ER errors can range from misdiagnosis to premature discharge of a patient. The most common causes of ER mistakes are an insufficient medical history as well as misinterpretation of results from tests and failure to consult with specialists. ER staff could make errors when communicating with each other and patients, such as not communicating allergies, health problems or adverse reactions or giving incorrect directions.
In order to be able to bring a case for a
malpractice lawsuit, the plaintiff must first establish that the medical professional violated the standard of care. The standard of care is the amount of care that a reasonable medical professional with the same education and experience would provide in similar circumstances. The plaintiff must prove that negligence caused the injury and the resulting damages. A successful plaintiff can seek damages for past and future medical bills as well as physical suffering and pain loss of earnings, earning capacity as well as funeral expenses where appropriate.