Malpractice Litigation
The process of bringing a lawsuit for malpractice is usually a lengthy and complex process. It requires the patient, or a legally authorized representative, to show that the physician owed them a duty of care, and that the doctor violated the duty and harm resulted.
A variety of ideas have been proposed to change the legal rules governing malpractice claims. These proposals would replace the trial and jury system by a different system that will lower costs, speed settlements, eliminate overly generous juries and filter out frivolous medical claims.
The wrong diagnosis
Misdiagnosis is among the most common types of medical
liberal malpractice law firm. It happens a lot each year and can lead to devastating results, such as the need for unnecessary surgery, long hospital stays, and unnecessarily aggressive treatment. In some cases a mistake in diagnosis can cause death.
To prove that there was a malpractice, the doctor must have breached his obligation to the patient by failing to diagnose an injury or illness accurately. In most instances, proving that the doctor's failure to live up to the standards of care requires a specialized opinion, such as that of a medical professional with a deep understanding of the type of illness involved in the instance. The expert must also prove that the doctor didn't add the disease to their list of differential diagnoses by asking additional questions, making more observations or requesting further tests as part of the diagnosing procedure.
A plaintiff must also demonstrate that the injuries resulting from the incorrect diagnosis were the direct result of the breach of duty. This typically involves proving actual damages like past or future medical expenses, lost income as well as pain and discomfort, reduced life span and other losses. In addition, the victim must bring the suit within the statute of limitation which is typically two or three years after when the damage occurred.
The wrong procedure
It may be shocking to hear that surgeons make the wrong decision on patients around 20 times per week. These surgical errors can result in unanticipated medical costs and additional pain for patients. A medical malpractice lawyer can help you obtain the compensation you deserve for your losses.
A successful malpractice case requires a convincing case of negligence on the part of the physician in the dispute. A claim of negligence that stems from an error in surgery needs to prove that the defendant's course of procedure was in violation of the norm of care that would be provided by similarly skilled physicians in similar circumstances. This can be accomplished by expert testimony and a thorough review of medical records.
During the discovery process, your attorney and the defense team will share relevant documents to be used in your case. These documents could include surgical and medical reports, lab reports, and documentation of your injury. Your lawyer will speak with witnesses in order to gather information regarding your case. During the witness interview you will be questioned under oath from the opposing counsel. This is referred to as a deposition.
Surgery performed on the wrong site is a rare but very serious form of malpractice. This kind of negligence is usually caused by a doctor's failure to follow the surgical guidelines or the medical record of the patient. In such a situation it is simple to establish negligence. However, determining which surgeon should be held liable isn't always easy.
Wrong Drugs
Drug errors can lead to harm or worsening of health conditions in more than a half a million Americans each year. Doctors must exercise extreme care when prescribing drugs to ensure that they are safe and suitable for the patient. If you suffer a serious injury due to the doctor's deviation from the standard medical practice it could be a case of malpractice.
Sometimes the error does not occur at the doctor's office however, but instead at the hospital. A nurse might misunderstand an order for medication and prescribe the incorrect dosage or medication. A pharmacy could also make an error by filling the wrong prescription or filling a medicine that contains harmful ingredients.
Medication errors are the most popular type of medical malpractice claim which our firm handles. We receive calls from clients who's doctors prescribed the wrong medication, which caused them to suffer severe injuries or even death. Our lawyers will determine where the error occurred within the chain of command and determine who is responsible for your injuries. We will assist you in determining the value of your damages. This includes medical expenses, lost wages and pain and discomfort resulting from injuries sustained as a result of the error in medication. The more severe your injuries, the greater your damages. You deserve adequate compensation. We can help you get the compensation you deserve.
Emergency Room Errors
Emergency rooms are high-stress, high-pressure environments that could be dangerous for patients. Doctors are often under pressure to see as many patients as they can and must conduct tests swiftly and also communicate with each other and write or read reports all while providing quality treatment to each patient. These hectic environments can lead to errors that can have catastrophic consequences.
ER mistakes range from mistakes in diagnosis to premature discharge. The most frequent causes of ER errors are inadequate medical history and misinterpretation of test results and a failure to speak with specialists. ER staff can also make mistakes when communicating with each other or with the patient such as not mentioning the patient's allergies or other health conditions, or not giving the correct instructions to nurses.
To be able to file an action for
Seaside Malpractice lawsuit, the plaintiff first has to prove that the medical professional acted in violation of standard of care. The standard of care is the level of care that an honest medical professional with the same training and experience would have offered in similar circumstances. The plaintiff must then show that negligence caused the injury and damages. A successful plaintiff can recover compensation for past or future medical bills as well as pain and suffering, lost earnings and earning potential, and funeral expenses, when applicable.