Malpractice Litigation
Malpractice litigation is often an extended and complex process. It is necessary for the patient or a legally appointed representative to show that the doctor did not fulfill the duty of care owed to them, and that an injury resulted.
Various proposals have been made to change the legal rules governing
malpractice law firms claims. They propose to replace the jury and trial system with an alternative that would reduce costs, expedite settlements, reduce excessively generous juries and screen out unnecessary medical claims.
The wrong diagnosis
Misdiagnosis is one of the most common forms of medical negligence. It occurs millions of times each year, with devastating results, including unnecessary surgery, lengthy hospital stays, or even aggressive treatment. In some instances, a misdiagnosis may even cause death.
To prove malpractice, the doctor must have breached his duty to the patient by failing to diagnose an injury or illness in a timely manner. In the majority of instances, proving the doctor's failure to live up to the standards of care requires a specialized opinion, such as a medical professional with extensive knowledge about the type of illness at play in the case. The expert must also demonstrate that the physician failed to properly include the disease in his or her list of differential diagnosis using methods such as asking additional questions, observing further or requesting additional tests to aid in the diagnostic process.
A plaintiff must also prove that the injuries resulting from an error in diagnosis are a direct result from the breach of duty. This usually means proving actual damages such as past or future medical expenses, income lost as well as pain and discomfort, shortened life span and other losses. In addition, the victim must file the suit within the statute of limitations which is typically two or three years from when the damage occurred.
Unskillful Procedure
It might be shocking to discover that surgeons perform the incorrect procedure on a patient approximately 20 times per week. These surgical errors could result in unanticipated medical costs and additional pain for patients. An experienced medical
malpractice lawsuits lawyer can assist you in obtaining the reimbursement you deserve for your losses.
A successful malpractice case requires a strong claim of negligence on the part of the physician in question. A claim of negligence based on an error in surgery needs to prove that the defendant's action was different from the standard of care that would be provided by similarly skilled doctors in similar situations. This can be accomplished by expert testimony and a thorough examination of medical documents.
During the discovery process, your attorney and the defense team will share pertinent documents for use in your case. These documents can include medical and surgical records, lab reports and evidence of your injuries. Your lawyer will interview witnesses in order to gather information regarding your case. During the interview with a witness, the opposing attorney will ask you questions under an oath. This is known as a deposition.
The wrong-site surgery is a very rare and serious form of malpractice. This kind of
malpractice typically is caused by a doctor who fails to follow surgical recommendation records or the medical history of a patient. In this instance, it can be easy to prove that negligence took place. It's not always straightforward to decide who is accountable.
Wrong Drugs
Drug errors cause harm or worsening of health conditions in more than half a million Americans each year. Doctors must exercise extreme care when prescribing medications to ensure that they are safe and appropriate for the patient. If you suffer serious injury because of the doctor's deviation from the norm of medical procedure there could be negligence.
Sometimes, the error doesn't happen at the doctor's office but rather in the hospital. Nurses may misunderstand an order for medication and prescribe the wrong dose or medication. The pharmacy could also make a mistake by filling in the wrong medication or a medication with harmful ingredients.
Medication errors are the most common kind of medical malpractice claim which our firm handles. We receive calls from patients who's doctor prescribed them the incorrect medication, causing them to suffer severe injuries, or even death. Our attorneys will work to determine where the error occurred within the chain of command and who's responsible for your injuries. We will then assist you to determine the value of your damages, which could include any medical expenses or lost wages as well as suffering and pain resulting from the injuries you sustained because of the error in your medication. The greater the severity of your injuries, the more you'll be liable. You deserve adequate compensation. We can assist you to get the settlement you deserve.
Emergency Room Errors
Emergency rooms are high-stress, high-pressure settings which can be hazardous for patients. Doctors are under pressure to care for as many patients as they can. They also must conduct tests quickly, communicate with themselves, and read and write reports and provide high-quality patient care. This pressure can result in mistakes that have devastating consequences.
ER errors can include anything from misdiagnosis, to premature discharge of patients. The majority of ER errors are caused by an absence of medical history, incorrect interpretation of test results or diagnosis or failure to consult specialists. ER staff could be unable to communicate with each other and with patients, such as not communicating allergies, adverse health conditions, or giving incorrect instructions.
In order to have grounds for a malpractice lawsuit, the plaintiff must first demonstrate that the medical professional breached the standard of care. The standard of care is defined as the degree of care a reasonable medical professional would provide under similar circumstances. The plaintiff must then show that negligence caused the injury and resulting damages. A successful plaintiff could recover compensation for past and future medical bills as well as physical suffering, loss of wages and earning capacity, funeral expenses and funeral costs when appropriate.