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Malpractice Litigation

Malpractice litigation is often a long and complicated procedure. It requires the patient or a legally-appointed representative, to show that the physician owed them a duty of care, that the physician did not fulfill that duty and injuries resulted.

Various proposals have been made to change legal rules governing malpractice claims and replace the jury and trial system with an alternative that would reduce costs, speed settlements, reduce excessively large juries and screen out frivolous medical claims.

Undiagnosed

Misdiagnosis is among the most prevalent forms of medical negligence. It occurs millions of times every year, and can result in devastating consequences, including the need for unneeded surgery, long hospital stays, or unnecessarily invasive treatment. In some cases, a misdiagnosis may even result in death.

To prove malpractice, the doctor must have breached his duty to the patient by failing to diagnose an injury or illness correctly. In most cases, the failure of the doctor to perform the required care is proven by an expert's assessment. This could be an expert medical professional who has extensive knowledge of the type of illness that is being investigated. The expert must also demonstrate that the physician did not adequately add the disease to his or her list of differential diagnosis by using methods like asking additional questions, conducting further examinations, or ordering more tests as part of the diagnosis procedure.

A plaintiff also needs to prove that the injuries caused by the misdiagnosis were a direct result of the breach of duty. This usually means proving real damages such as past or future medical expenses, loss of income or lost due to pain and discomfort shorter life spans, and other expenses. Additionally, the plaintiff must bring the suit within the time limit of the statute of limitations which is typically two or three years from the date of the incident.

Incorrect Procedure

It's shocking to learn that surgeons are performing the wrong procedure on a patient approximately 20 times a week. These surgical errors often result in patients suffering unanticipated medical bills and suffering and pain. An experienced medical malpractice lawyer could assist you in obtaining the compensation you require for your losses.

A successful malpractice case requires a convincing claim of negligence on the part of the physician in question. A claim of malpractice caused by a surgical error must show that the defendant's actions were different from the standard of 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 during the discovery phase, your attorney will share documents with the defense team in order to be used in your case. These documents could include medical and surgery records, lab reports and other evidence of your injuries. Your lawyer may also interview witnesses to gather evidence to support your case. When you meet with the witness, the opposing attorney will be able to ask you questions under oath. This is called a deposition.

Wrong-site surgeries are a rare, but serious form malpractice. This type of malpractice usually involves an error by a physician who fails to adhere to the surgical recommendations or a patient's medical history. In this situation, it can be easy to establish that negligence occurred. However, determining who is liable for the negligence is not always simple.

Wrong Drugs

Drug errors cause injury or worsen health conditions in more than a half million Americans each year. Doctors must take extreme care when prescribing medications to ensure that they are safe and suitable for the patient. If a doctor's decision isn't in line with the medical standard of treatment and you suffer an injury as result, it could be a case of malpractice.

Sometimes, the error may not occur in the doctor's office and instead occurs at the hospital. For instance, a nurse might misread a prescription and administer the wrong dosage or medication. The pharmacy could also make a mistake by filling the incorrect medication or a medication with harmful ingredients.

Our firm is able to handle the most common medical malpractice law firm claims. Our firm is frequently contacted by clients who have been prescribed the wrong drug by their medical professionals that resulted in severe injuries or even death. Our attorneys will determine who is at fault for the accident and where the error occurred in the chain of commands. We will help you assign a value to your damages, which could include medical expenses or lost wages as well as suffering and pain that results from the injuries you sustained because of the medication error. The more severe your injuries, the greater your damages. You deserve adequate compensation. We can assist you in obtaining the settlement you need.

Emergency Room Errors

Emergency rooms are high-stress, high pressure environments that could be dangerous for patients. Doctors are under pressure to care for as many patients as they can. They must also conduct tests quickly, communicate between themselves and write and read reports, all while providing quality patient care. Unfortunately, these busy environments cause mistakes that could cause catastrophic harm.

ER errors can range from misdiagnosis to premature discharge of the patient. Most ER errors are caused by the absence of medical history, misinterpretation of test results or interpretation or a failure to consult with specialists. ER staff can also make mistakes when communicating with each other or with patients, such as not mentioning the patient's allergies, or any other health conditions, or not giving the correct instructions to nurses.

In order to be able for a lawsuit based on malpractice the plaintiff first needs to show that the medical professional did not follow standard care. The standard of care is defined as the standard of care a reasonable medical professional would provide under similar circumstances. The plaintiff must show that the negligence was responsible for their injuries and damages. A successful plaintiff will be able to recover compensation for past or future medical bills, pain and suffering, loss of earnings and wages, and funeral expenses, when applicable.