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Malpractice Litigation

Malpractice litigation is often a long and complicated process. It is essential for the patient or legally appointed representative to prove that the doctor did not fulfill the duty of care that was owed to them and that an injury resulted.

There were a variety of proposals made to alter the legal guidelines governing medical malpractice. The trial and jury system was replaced by an alternative which would reduce costs, speed up settlements, remove juries that are too generous and weed out fraudulent claims.

Incorrect diagnosis

The misdiagnosis of a patient is among the most frequent forms of medical malpractice. It occurs in a multitude of instances every year, and can have devastating consequences, including unnecessary surgery, lengthy hospitalizations, or invasive treatment. In some cases an error in diagnosis could cause death.

To prove malpractice the evidence must show that the doctor was bound by a duty to the patient and breached the obligation by not diagnosing the illness or injury properly. In the majority of cases, the failure of the physician to provide the required medical care is established by an expert's assessment. This can be an expert in medicine who has extensive knowledge of the type of illness in question. The expert has to prove that the doctor did not add the disease to their differential diagnosis list by asking additional questions, conducting more examinations or ordering additional tests as part of the diagnosing process.

A plaintiff must also demonstrate that the injuries caused by an error in diagnosis are a direct result of the breach of duty. This typically involves proving actual damages like past or future medical expenses, lost income, pain and discomfort, diminished life span, and other expenses. The plaintiff must also file the lawsuit within the time limit of the statute of limitations which typically are two or three years after the injury occurred.

Wrong Procedure

It's not a pleasant thing to hear that surgeons perform the wrong procedure on patients around 20 times per week. These errors in surgery can lead to unanticipated medical costs as well as additional suffering for patients. A medical malpractice lawyer can help you get the compensation you're due for your losses.

A successful malpractice case requires a convincing argument that the physician is negligent. A malpractice claim based on a surgery error must show that the defendant's actions were different from the usual care that would have been offered by doctors who have similar training in similar circumstances. This can be accomplished through expert testimony as well as a thorough review of medical records.

During the discovery process, your attorney and the defense team will share relevant files for use in your case. These documents could include medical and surgical documents, lab reports, and documentation of your injuries. Your lawyer will also speak with witnesses to gather information to support your case. During the interview you will be asked questions under oath, by the opposing counsel. This is known as a deposition.

The wrong-site procedure is a very rare but serious form of malpractice. This kind of malpractice typically involves an error by an individual doctor who does not adhere to the surgical recommendations or a patient's medical history. In this scenario it's easy to establish that negligence occurred. It's not always simple to determine which surgeon is accountable.

Wrong Drugs

Every year, over a million Americans are injured or have their health conditions worsened by errors in prescription drugs. Doctors must exercise extreme care when prescribing medication to ensure that they are safe and suitable for the patient. If a doctor's prescription is not in accordance with the medical standard of care and you suffer severe injury as a result, it may be considered malpractice.

Sometimes, the error doesn't occur in the doctor's office or in the hospital. A nurse might misunderstand a prescribed medication and administer the wrong dosage or medication. A pharmacy may also make an error by filling in the incorrect prescription or filling the medication with harmful ingredients.

Our firm is able to handle the most frequent medical malpractice cases. We get calls from clients who's doctor prescribed them the incorrect medication, causing them to suffer severe injuries and even death. Our attorneys will work to determine where the error happened within the chain of command and determine who is accountable for your injuries. We will then assist you to determine the value of your damages, which would include any medical expenses as well as lost wages and suffering and pain that results from the injuries you sustained because of the error in your medication. The more serious your injuries, the more damages you will incur. 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 which can be hazardous for patients. Doctors are usually under pressure to see as many patients as they can and run tests as quickly as they can and communicate with one another and write or read reports all while providing quality medical attention to each patient. Unfortunately, these busy environments create mistakes that could have catastrophic consequences.

ER mistakes range from misdiagnosis of a patient to premature discharge. The most common causes of ER errors include an inadequate medical history and misinterpretation of test results and a failure to consult specialists. ER staff may also make mistakes in communicating between themselves and patients, such as failing to inform patients of allergies, health problems or adverse reactions or giving incorrect advice.

To have a basis to bring a malpractice suit, the plaintiff must first demonstrate that the medical professional violated the standard of care. The standard of care is defined as the degree of care that a reasonable medical professional could have provided in similar circumstances. The plaintiff must establish that negligence was the reason for their injuries and damages. A successful plaintiff can seek compensation for past or future medical bills along with pain and suffering, earnings potential and lost wages and funeral costs, depending on the circumstances.