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Malpractice Litigation

radford malpractice lawsuit litigation is often an extended and complex process. It is required for the patient or an legally appointed representative to show that the physician breached the duty of care that was owed to them and that an injury resulted.

A variety of ideas were proposed to change the legal guidelines governing medical malpractice. The trial and jury system was replaced by an alternative which would reduce costs and speed up settlements, eliminate juries that were too generous and eliminate fraudulent claims.

Undiagnosed

Medical malpractice is usually caused by incorrect diagnosis. It happens a lot each year and can have devastating consequences, like the need for surgery that is not needed, long hospital stays, and unnecessarily aggressive treatment. A misdiagnosis could cause death, as in certain cases of serious illness or injury.

To prove that there was a malpractice, the doctor must have breached his duty to the patient by not diagnosing an illness or injury correctly. In the majority of cases, proving the doctor's failure to live up to the standard of care requires an expert opinion, such as that of an expert medical professional with extensive knowledge about the type of illness involved in the case. The expert must also show that the doctor did not add the illness to their list of differential diagnoses by asking additional questions, observing more or requesting additional tests in the diagnosis procedure.

A plaintiff must also prove that the injuries caused by the misdiagnosis result from the breach of duty. This usually involves proving actual damages, such as past or future medical expenses, income lost as well as pain and discomfort, shortened life span, and other damages. The plaintiff must also file a lawsuit within the time limit of the statute of limitations, which are usually two or three years after the incident occurred.

Incorrect Procedure

It can be shocking to learn that surgeons carry out the wrong procedure on a patient around 20 times a week. These surgical errors typically cause patients to be faced with unexpected medical expenses as well as suffering and pain. A medical malpractice lawyer can assist you in obtaining the compensation you deserve for your losses.

A successful malpractice suit demands a strong case that proves the doctor is negligent. A claim of negligence based on a surgical error must show that the defendant's procedure was in violation of the norm of care that would be provided by similarly skilled doctors in similar circumstances. This can be accomplished through expert testimony and an extensive review of medical documents.

During the discovery process your attorney and defense team will exchange relevant documents to use in your case. These documents may include surgical and medical records, lab reports and evidence of your injury. Your lawyer may also interview witnesses to gather evidence to support your case. During the interview with the witness, the attorney opposing you will question you under an oath. This is referred to as a deposition.

The wrong-site procedure is a very rare, but serious form of malpractice. This type of malpractice usually is the result of an individual doctor who does not adhere to the surgical recommendations or a patient's medical history. In this scenario it is possible to establish that negligence occurred. However, determining who should be held liable is not always simple.

Wrong Drugs

Every year over one million Americans are injured or have their health issues worsened because of drug errors. Doctors must use extreme care when prescribing drugs, to ensure they are safe and appropriate for the patient. If a doctor's prescription is not in accordance 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 at the doctor's office and instead occurs at the hospital. For instance nurses could mistakenly interpret a prescription, and then administer the wrong dosage or medication. The pharmacy could also make mistakes by filling wrong prescription or filling a medicine that contains harmful ingredients.

Our firm deals with the most common medical malpractice claims. We receive calls from clients who have been given the wrong medication by their physicians that resulted in severe injuries or even death. Our attorneys will work to determine where the error occurred in the chain of command and who is accountable for your injuries. We will assist you in determining the value of your damages. This would include medical expenses, lost wages and pain and discomfort resulting from injuries sustained as a result of the error in your medication. The more severe your injuries, the more your damages. You deserve adequate compensation. We can help you obtain the settlement you deserve.

Emergency Room Errors

Emergency rooms can be stressful and high-pressure environments. This can be risky for the patients. Doctors are under pressure to care for as many patients as they can. They must also conduct tests quickly, communicate with themselves and write and read reports and provide high-quality patient care. This pressure can result in mistakes that have disastrous consequences.

ER mistakes range from the incorrect diagnosis of a patient to premature discharge. The most frequent causes of ER mistakes are an insufficient medical history, misinterpretation of test results and failure to consult with specialists. ER staff can also make mistakes in communicating with each other or with the patient, such as not mentioning the patient's allergies or health conditions, or not giving the correct instructions to nurses.

In order to be able to bring a case for a Palmerton Malpractice Law Firm lawsuit, the plaintiff has to first prove that the medical professional violated the standard of care. The standard of care refers to the level of care that an honest medical professional with the same training and experience would provide in similar circumstances. The plaintiff must prove that negligence was the cause for their injury and damages. A successful plaintiff can seek damages for past and future medical bills, physical suffering and pain in addition to loss of wages, earning capacity as well as funeral expenses when appropriate.