Malpractice Litigation
malpractice law firm litigation can be a lengthy and complicated process. It requires the patient or a legally authorized representative, to show that the physician was bound by a duty of care, that the physician breached that duty and that harm resulted.
Many proposals were put forward to change the lawful rules governing medical malpractice. The trial and jury system was replaced by an alternative which would reduce costs, speed up settlements, reduce juries with excessively generous verdicts and eliminate fraudulent claims.
Incorrect diagnosis
Medical malpractice is usually caused by incorrect diagnosis. It occurs millions of times every year and can result in devastating consequences, including the need for unnecessary surgery or long hospital stays or unnecessarily invasive treatment. An incorrect diagnosis could cause death, as in certain cases of severe illness or injury.
To establish malpractice, the doctor must have breached his duty to the patient by not diagnosing an injury or illness accurately. In most instances, proving a doctor's inability to adhere to the standards of care requires an expert opinion, such as from a medical professional with extensive knowledge about the type of illness at play in the case. The expert must also demonstrate that the doctor did not properly add the condition to his or her list of differential diagnosis using methods such as asking additional questions, making further observations or requesting additional tests to aid in the diagnostic procedure.
A plaintiff must also show that the injuries caused by the incorrect diagnosis were the direct result of the breach of duty. This typically means establishing damages that are actual, such as future and past medical expenses loss of income, the suffering of others, a reduced life expectancy, and other damages. The victim must file the lawsuit within the time frame of the statute of limitations which typically is two or three years from when the damage occurred.
Unskillful Procedure
It's shocking to learn, but surgeons are performing the wrong procedure on a patient around 20 times a week. These mistakes in surgery often result in patients being faced with unanticipated medical bills and pain and suffering. A skilled medical
malpractice lawyer could help you obtain the compensation you deserve for your losses.
A successful malpractice lawsuit demands a strong claim of negligence on the part of the physician in question. A claim of malpractice based on a surgery error must show that the defendant's actions diverged from the usual care that would have been provided by doctors who have similar training in similar situations. This can be accomplished through expert testimony or a thorough analysis of medical documents.
During the discovery phase in the discovery phase, your lawyer will exchange documents with the defense team to be used in your case. The documents could include medical and surgery documents, lab reports as well as documentation of your injury. Your lawyer will also speak with witnesses to gather information to support your case. During the interview with a witness you will be questioned under oath by the opposing counsel. This is known as a deposition.
Surgery performed on the wrong site is a rare yet serious form of malpractice. This kind of error is usually caused by a doctor's failure to adhere to the surgical recommendations or the patient's medical record. In this situation it is simple to establish negligence. It's not always simple to decide the surgeon who should be held responsible.
Wrong Drugs
Each year, more than a million Americans are injured or have their health issues worsened due to drug-related errors. Doctors must exercise extreme care when prescribing medication to ensure that they are safe and suitable for the patient. If you suffer serious injury due to the doctor's deviation from the standard medical care this could be considered negligent.
Sometimes, the error does not happen in the doctor's office and instead occurs at the hospital. For instance nurses could mistakenly interpret a prescription, and then administer the wrong medication or dosage. The pharmacy could also make an error by filling the incorrect medication or a drug that contains harmful ingredients.
Medication errors are the most prevalent kind of medical malpractice case which our firm handles. We receive calls from patients who's doctors prescribed them the wrong medication, which caused them to suffer serious injuries, or even death. Our lawyers will identify the place where the error occurred within the chain of command, and who is accountable for your injuries. We will help you determine the value of your damages. This includes medical expenses, lost wages, discomfort and pain that result from injuries you sustained due to the error in medication. The greater the severity of your injuries, the more you'll be liable. You deserve adequate compensation. We can help you get the settlement you require.
Emergency Room Errors
Emergency rooms are high-stress, high-pressure environments that could be dangerous for patients. Doctors are often under a lot of pressure to take on as many patients as possible and run tests as quickly as they can and be in constant communication with each other and read or write reports while delivering high-quality treatment to every patient. Unfortunately, these busy environments create mistakes that could cause catastrophic harm.
ER mistakes range from the incorrect diagnosis of a patient to premature discharge. Most ER errors result from an absence of medical history, a misinterpretation of test results or interpretation or failure to consult specialists. ER staff may make errors in communicating with one another or with the patient such as not mentioning the patient's allergies or other health conditions or giving incorrect instructions to nurses.
To be able to establish grounds to bring a
malpractice lawsuits suit, the plaintiff must first establish that the medical professional acted in violation of the standard of care. The standard of care is the level of care that a reasonable medical professional with the same training and experience would have provided in similar circumstances. The plaintiff must demonstrate that the negligence was responsible for their injury and damages. A successful plaintiff may be able to obtain compensation for future or past medical bills along with pain and suffering, lost earnings and earning potential and funeral costs, depending on the circumstances.