Malpractice Litigation
Malpractice litigation can be a lengthy, complicated process. It is the responsibility of the patient or legally appointed representative to show that the physician violated the duty of care owed them, and that an injury resulted.
There have been a variety of proposals to modify the rules of law governing malpractice claims. These proposals would replace the jury system and trial with a new system that would reduce costs, expedite settlements, eliminate excessively large juries and screen out unsubstantial medical claims.
The wrong diagnosis
The misdiagnosis of a patient is among the most common types of medical negligence. 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 cases an error in diagnosis could result in death.
To prove 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. Most of the time, the failure of the physician to perform the required care is proven through an expert opinion. This could be an expert in medicine who has vast knowledge of the kind of illness in question. The expert must also prove that the doctor did not add the condition to their list of differential diagnoses by asking more questions, observing more, or ordering further tests as part of the diagnosis procedure.
A plaintiff must also show that the injuries caused by an error in diagnosis are a direct result from the breach of duty. This typically means proving the real damages such as past or future medical expenses, lost income or lost due to pain and discomfort shortened life span and other expenses. The victim must also file the lawsuit within the statute of limitations, which are usually two or three years after the damage was incurred.
Incorrect Procedure
It might be shocking to discover that surgeons perform the wrong procedure on a patient about 20 times a week. These surgical mistakes often leave patients with unanticipated medical bills and pain and suffering. An experienced medical malpractice lawyer can assist you in obtaining the reimbursement you deserve for your losses.
A successful
malpractice lawsuit requires a convincing case of negligence on the part of the doctor in the matter. A claim of malpractice that is based on a surgical error must demonstrate that the defendant's actions deviated from the usual care that would have been provided by a physician with the same training in similar circumstances. This can be achieved through expert testimony and an extensive examination of medical records.
During the discovery process, your attorney and the defense team will exchange relevant documents to use in your case. These documents could include medical and surgical records, lab reports and documents of your injuries. Your lawyer will interview witnesses to gather information on your case. When you meet with the witness, the attorney opposing you will question you under the oath. This is known as a deposition.
Wrong-site surgeries are a rare yet serious form of malpractice. This kind of malpractice typically is caused by a physician who fails to follow the surgical recommendation or the medical history of a patient. In this case it is possible to prove that negligence occurred. It is not always easy to decide which surgeon should be held accountable.
Wrong Drugs
Drug errors can lead to harm or worsening of health conditions in more than a half million Americans every year. Doctors must exercise extreme care when prescribing drugs, to ensure they are appropriate and safe for the patient. If you sustain serious injuries due to a doctor's deviations from the standard medical care it could be a case of negligent.
Sometimes, the error doesn't happen at the physician's office but rather in the hospital. For instance a nurse may miss-read a prescription and prescribe the wrong dosage or medication. The pharmacy could also be negligent by filling in the wrong medication or using harmful ingredients.
Our firm specializes in the most common medical malpractice claims. We get calls from clients who's doctors prescribed the wrong medication, which caused them to suffer serious injuries or even death. Our lawyers will determine who is at fault for the injuries and determine where the error occurred in the chain of commands. We will assist you in determining the value of your losses. This would include medical expenses, lost wages, and pain and discomfort resulting from injuries you suffered due to the error in medication. The more severe your injuries, the more you'll be liable. You deserve adequate compensation. We can help you obtain the settlement you require.
Emergency Room Errors
Emergency rooms are often high-stress and high-pressure environments. This can be dangerous for patients. Doctors are usually under pressure to take on as many patients as they can and must conduct tests swiftly, communicate with each other and write or read reports while delivering high-quality medical attention to each patient. However, these hectic environments can create mistakes that could cause catastrophic harm.
ER errors range from mistaken diagnosis of a patient, to premature discharge. The most frequent causes of ER errors are a lack of medical history as well as misinterpretation of results from tests and a failure to speak with specialists. ER staff may also make mistakes when communicating with each other and with patients, such as not communicating a patient's symptoms of allergies, health issues or other conditions, or giving incorrect instructions.
To be able to establish grounds for a malpractice lawsuit (
look at this site), the plaintiff must first prove that the medical professional acted in violation of the standard of care. The standard of care refers to the level of care that a reasonable medical professional with the same training and experience would have offered in similar circumstances. The plaintiff must demonstrate that the negligence is responsible for their injuries and damages. A successful plaintiff may recover compensation for future and past medical bills as well as physical suffering and pain loss of earnings, earning capacity, funeral expenses and funeral costs in the event that they are applicable.