Malpractice Litigation

Malpractice litigation can be a long complex 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 violated that duty, and that injury resulted.

There have been a variety of proposals to change legal rules governing malpractice claims. They propose to replace the jury and trial system with an alternative that would lower costs, speed settlements, eliminate overly generous juries, and eliminate frivolous medical claims.

Misdiagnosis

Misdiagnosis is among the most common types of medical malpractice. It occurs millions of times every year, resulting in devastating consequences, including unnecessary surgical procedures, prolonged hospital stays, or even aggressive treatment. In some cases an error in diagnosis could cause death.

In order to prove malpractice, a doctor must have violated his obligation to the patient by not diagnosing an illness or injury correctly. Most of the time, the failure of the physician to provide the required care is proven by an expert's assessment. This can be an expert in medicine who has extensive knowledge of the type of disease in question. The expert must also prove that the doctor didn't add the disease to their list of differential diagnoses by asking more questions, observing more or ordering additional tests as part of the diagnosing procedure.

A plaintiff must also prove that the injuries resulting from the mistake were a direct result of the breach of duty. This typically involves proving actual damages, like past and future medical expenses as well as lost income, pain and suffering, shortened life expectancy, and other losses. Finally, the victim must file the lawsuit within the time limit of the statute of limitations, Vimeo which is typically two or three years from when the damage occurred.

Incorrect Procedure

It could be a shock to learn that surgeons execute the incorrect procedure on a patient approximately 20 times per week. These surgical errors typically leave patients with unexpected medical expenses as well as pain and suffering. An experienced medical malpractice attorney lawyer can help you pursue the compensation you deserve for your losses.

A successful malpractice lawsuit demands a convincing claim of negligence on the part of the doctor in the case. A claim of malpractice caused by a surgical mistake must prove that the defendant's actions diverged from the standard care that would have been provided by physicians with similar training 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 files could include medical and surgery records, lab reports, and other evidence of your injuries. Your lawyer will also interview witnesses to gather information to support your case. During the interview with the witness, the attorney opposing you will question you under oath. This is referred to as a deposition.

The wrong-site surgery is a very rare yet serious form of malpractice. This type of malpractice is usually caused due to a doctor's failure follow the surgical guidelines or the medical record of the patient. In this instance it's easy to demonstrate that negligence was the cause. However, determining who should be held responsible isn't always easy.

Wrong Drugs

Drug errors can lead to harm or worsening of health conditions in more than half a million Americans every year. Doctors must exercise extreme care when prescribing drugs, to ensure they are appropriate and safe for the patient. If the doctor deviates from the medical standard of care and you suffer serious injury as result, it could be considered malpractice.

Sometimes the error does not happen in the doctor's office and instead occurs at the hospital. A nurse might misunderstand the prescription for a medication and then administer the wrong dosage or medication. A pharmacy can also make a mistake by filling the incorrect medication or a medication with harmful ingredients.

Medication errors are the most popular type of medical malpractice claim that our firm handles. We receive calls from clients whose doctors prescribed them the incorrect medication, causing them to suffer serious 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 assist you in determining the value of your damages. This could include medical expenses, lost wages and discomfort and pain resulting from injuries you sustained due to the medication mistake. The more severe your injuries, the more the damages. You deserve adequate compensation. We can assist you to get the compensation you need.

Emergency Room Errors

Emergency rooms are often high-stress and high-pressure environments. This could be hazardous for the patients. Doctors are under pressure to treat as many patients as they can. They must also run tests quickly, communicate among themselves and write and read reports, all while providing quality patient care. These hectic environments can result in mistakes that have devastating consequences.

ER mistakes range from the incorrect diagnosis of a patient to premature discharge. The most frequent causes of ER errors are inadequate medical history and Vimeo misinterpretation of test results and a failure to speak with specialists. ER staff can be unable to communicate between themselves and patients, such as not communicating symptoms of allergies, health issues or other conditions, or giving incorrect instructions.

In order to have grounds for a malpractice lawsuit the plaintiff has to first prove that the medical professional violated the standard of care. The standard of care is defined as the standard of care a reasonable medical professional would provide under similar circumstances. The plaintiff is then required to show that their negligence caused them injury and subsequent damages. A successful plaintiff can recover compensation for future or past medical bills including pain and suffering lost wages and earning potential and funeral expenses, depending on the circumstances.