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Malpractice Litigation

Malpractice litigation is often a long and complex procedure. It is required for the patient or an legally appointed representative to prove that the physician violated the obligation of care owed to them and that an injury resulted.

A variety of ideas were proposed to alter the legal rules governing medical malpractice claims. The trial and jury system was replaced with an alternative that could cut costs and speed up settlements. It would also remove juries that are too generous and also screen out fraudulent claims.

The wrong diagnosis

The misdiagnosis of a patient is among the most frequent forms of medical malpractice. It occurs millions of times every year and can result in devastating consequences, like a need for unnecessary surgery, long hospital stays, and unnecessarily aggressive treatment. In some cases an error in diagnosis could result in death.

To prove that there was a malpractice, the doctor must have violated his duty to the patient by not diagnosing an injury or illness correctly. In most cases, the inability of a doctor to perform the required medical care is established through an expert opinion. This could be an expert in medicine who has vast knowledge of the kind of illness being examined. The expert must also prove that the doctor did not add the disease to their list of differential diagnoses by asking more questions, conducting more examinations or requesting additional tests to aid in the diagnosis procedure.

A plaintiff must also prove that the injuries caused by the misdiagnosis result of the breach of duty. This typically means establishing actual damages, such as past and future medical expenses and lost income, as well as suffering and pain, shortened life expectancy, and other damages. The plaintiff must also file a lawsuit within the statute of limitations which usually are two or three years after the incident was incurred.

Wrong Procedure

It might be shocking to learn that surgeons perform the incorrect procedure on patients around 20 times per week. These surgical errors often leave patients with unexpected medical expenses as well as suffering and pain. An experienced medical malpractice lawyer could help you pursue the compensation you're entitled to for your losses.

A successful malpractice case requires an enviable claim of negligence on the part of the physician in question. A malpractice claim based on a surgery mistake must prove that the defendant's actions deviated from the standard care that would have been offered by physicians with similar training in similar situations. This can be accomplished through expert testimony and an extensive examination of medical records.

During the discovery phase where your attorney will exchange files with the defense team that will be used in your case. These documents may include surgical and medical records, lab reports and documentation of your injury. Your lawyer will interview witnesses to collect information about your case. During the interview with a witness, you will be questioned under oath, by the opposing counsel. This is referred to as a deposition.

Wrong-site surgeries are a rare yet serious form of malpractice. This kind of malpractice typically involves an error by the doctor who fails to follow the recommendations of a surgeon or a patient's medical history. In this case it is simple to prove negligence. However, determining who should be held liable is not always simple.

Wrong Drugs

Drug errors cause injuries or worsening health conditions in over a half a million Americans each year. Doctors must exercise extreme caution when prescribing medications, to ensure that they are appropriate and safe for the patient. If you sustain serious injuries because of the doctor's deviation from standard medical practice it could be a case of malpractice.

Sometimes the error doesn't occur at the physician's office but in the hospital. For instance the nurse could mistakenly interpret a prescription, and then administer the wrong medication or dosage. A pharmacy may also make a mistake by filling the incorrect medication or a medicine with harmful ingredients.

Our firm handles the most frequent medical malpractice claims. We get calls from clients who's doctors prescribed the incorrect medication, causing them to suffer serious injuries, or even death. Our attorneys will work to identify the place where the error occurred in the chain of command, and who is responsible for your injuries. We will then assist you to determine the value of your damages. This would include any medical costs or lost wages as well as pain and suffering resulting from the injuries you suffered because of the medication error. The more severe your injuries, then the more damages you will incur. You deserve adequate compensation. We can assist you in obtaining the compensation you need.

Emergency Room Errors

Emergency rooms are high-stress, high-pressure settings that pose a risk to patients. Doctors are pressured to treat as many patients as they can. They must also run tests quickly, interact with themselves and write and malpractice read reports, all while providing quality patient care. Unfortunately, these busy environments cause mistakes that could result in devastating consequences.

ER errors can include anything from misdiagnosis, to premature discharge of patients. Most ER errors are caused by a lack of medical history, incorrect interpretation of test results or diagnosis and a failure consult with specialists. ER staff may be unable to communicate between themselves and patients, for example, failing to inform patients of health issues, allergies or other medical conditions or giving incorrect directions.

In order to have grounds to bring a malpractice suit, the plaintiff must first prove that the medical professional violated the standard of care. The standard of care is the amount of care that an honest medical professional with the same education and experience would have given in similar circumstances. The plaintiff must prove that their negligence caused them injury and resulting 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 expenses, in the event that they are applicable.