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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 prove that the physician had a duty to care, and that the physician breached that duty and that the injury resulted.

Many proposals have been put forward to modify the rules of law governing malpractice claims. They propose to replace the jury and trial system with an alternative that would reduce costs, expedite settlements, eliminate overly generous juries and filter out unsubstantial medical claims.

Misdiagnosis

Medical malpractice is often caused by mistaken diagnosis. It happens thousands of times every year and can result in devastating results, such as the need for unneeded surgery or long hospital stays and unnecessary treatment. In some instances, a misdiagnosis may even result in death.

To prove that there was a malpractice, the doctor must have breached his duty to the patient by failing to diagnose an injury or illness in a timely manner. In most cases, the inability of the doctor to meet the standards of care is demonstrated by an expert's assessment. This could be a medical professional with vast knowledge of the kind of illness in question. The expert must also prove that the doctor did not add the illness to their differential diagnosis list by asking more questions, observing more or requesting further tests as part of the diagnosing process.

A plaintiff must also demonstrate that the injuries caused by the incorrect diagnosis were the direct result of the breach of duty. This typically means proving the actual damages such as past or future medical expenses, loss of income or lost due to pain and discomfort shortened life span, and other losses. The plaintiff must also file the lawsuit within the statute of limitations which typically are two or three years after the incident was caused.

Wrong Procedure

It's not a pleasant thing to hear that surgeons carry out the wrong procedure on patients around 20 times a week. These surgical errors can lead to unanticipated medical costs and additional discomfort for patients. An experienced medical malpractice lawyer could assist you in obtaining the compensation you deserve for your losses.

A successful malpractice suit demands a strong claim that the physician is negligent. A claim of malpractice stemming from a surgical error must demonstrate that the defendant's actions diverged from the usual care that would have been offered by doctors with similar training in similar circumstances. This can be accomplished through expert testimony and a thorough review of medical documents.

During the discovery process, your attorney and the defense team will exchange relevant documents to use in your case. These documents can include medical and surgical reports, lab reports and the documentation of your injuries. The lawyer will also question witnesses to gather evidence for your case. In the course of the interview with the witness, the opposing attorney will question you under swearing. This is referred to as a deposition.

Wrong-site surgeries are a rare but very serious type of malpractice. This kind of malpractice typically is the result of an individual doctor who does not follow the surgical recommendation or the medical history of a patient. In this situation it is simple to establish the negligence. However, determining which surgeon is liable for the negligence is not always straightforward.

Wrong Drugs

Drug errors can cause injuries or worsening health issues in over a half a million Americans each year. Doctors must use extreme care when prescribing drugs, to ensure that they are appropriate and safe for the patient. If you sustain serious injuries due to a doctor's deviation from the norm of medical practice, it could be negligence.

Sometimes, the error doesn't occur in the doctor's office or in the hospital. For instance the nurse could miss-read a prescription and malpractice prescribe the wrong dosage or medication. The pharmacy could also make a mistake by filling the incorrect medication or using harmful ingredients.

Our firm deals with the most frequent medical malpractice cases. We get calls from clients whose doctors prescribed them the wrong medication, which caused them to suffer severe injuries and even death. Our attorneys will determine where the error happened within the chain of command, and who is accountable for your injuries. We will help you determine the value of your damages, which would include any medical expenses or lost wages as well as suffering and pain that results from the injuries you sustained as a result of the medication error. The more severe your injuries, the more the damages. You deserve adequate compensation. We can help you obtain the settlement you deserve.

Emergency Room Errors

Emergency rooms are high-stress and high-pressure environments which can be hazardous for patients. Doctors are often under a lot of pressure to attend to as many patients as they can and run tests as quickly as they can and also communicate with each other and read or write reports while providing top-quality care to each patient. Unfortunately, these busy environments cause mistakes that could result in catastrophic consequences.

ER errors can include anything from misdiagnosis to premature discharge of patients. Most ER errors result from an absence of medical history, a misinterpretation of test results or interpretation or a failure to consult with specialists. ER staff could be unable to communicate with each other and with patients, for example, Malpractice failing to communicate a patient's symptoms of allergies, health issues or other conditions or giving incorrect advice.

To be able to file an action for malpractice lawsuit the plaintiff has to establish that the medical professional violated the standard of care. The standard of care is defined as the level of care that a reasonable medical professional could have provided in similar circumstances. The plaintiff has to prove that negligence caused the injury and subsequent damages. A successful plaintiff may recover compensation for future and past medical bills, physical suffering as well as loss of wages and earning capacity as well as funeral expenses where appropriate.