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Malpractice Litigation

The process of bringing a lawsuit for malpractice is usually an extended and complex process. It requires the patient or a legally designated representative, to prove that the physician owed them a duty of care, that the doctor violated the duty and harm resulted.

Various proposals have been made to alter the legal rules that govern malpractice claims. These proposals would replace the jury system and trial by a different system that will reduce costs, speed settlements, reduce excessively generous juries, and eliminate unnecessary medical claims.

Undiagnosed

Medical malpractice is often caused by mistaken diagnosis. It happens a lot each year and can have devastating effects, including the need for unneeded surgery or long hospital stays and unnecessary treatment. A mistake in diagnosis can lead to death, as there are instances of severe injury or illness.

To prove that there was a malpractice it must be proven that the doctor was bound by obligations to the patient and breached that obligation by not diagnosing the injury or illness correctly. In most cases, the failure of the physician to meet the standard of care is proven by an expert’s assessment. This can be an expert medical professional who has extensive knowledge of the type of disease in question. The expert must also show that the physician failed to properly include the disease in his or her list of differential diagnoses by using methods such as asking additional questions, conducting further examinations or requesting further tests in the diagnostic process.

A plaintiff must also prove that the injuries resulting from an error in diagnosis are a direct result from the breach of duty. This usually involves establishing actual damages, including future and past medical expenses as well as lost income, pain and suffering, shortened life expectancy, and other losses. The victim must file the lawsuit within the time frame of the statute of limitations which is typically two or three years after the date of the harm.

The wrong procedure

It may be shocking to hear that surgeons make the wrong decision on patients around 20 times a week. These errors in surgery can lead to unanticipated medical expenses and more discomfort for patients. An experienced medical malpractice lawyer could help you pursue the compensation you require for your losses.

A successful malpractice suit demands a convincing argument that the doctor was negligent. A claim of negligence based on an error in surgery must prove that the defendant’s course of action deviated from the standard of care that is expected to be offered by similarly trained doctors in similar situations. This can be accomplished through expert testimony or a thorough analysis of medical records.

During the discovery process your attorney and defense team will exchange relevant documents to be used in your case. These documents could include medical and surgical records, lab reports, and evidence of your injuries. Your lawyer will also interview witnesses to gather information to support your case. During the interview with the witness, the opposing attorney will inquire about your concerns under swearing. This is referred to as a deposition.

Surgery performed on the wrong site is a rare but very serious form of malpractice lawsuits. This kind of malpractice typically is caused by a doctor who fails to follow surgical recommendation records or a patient’s medical history. In such a situation, it is easy to establish negligence. It’s not always straightforward to decide which surgeon should be held accountable.

Wrong Drugs

Every year, more than a million Americans are injured or have their health conditions worsened by drug errors. Doctors should exercise extreme caution when prescribing drugs to ensure that they are safe and appropriate for the patient. If you suffer serious injuries due to the doctor’s deviation from the norm of medical treatment this could be considered an act of malpractice.

Sometimes, the error does not occur in the doctor’s office, but rather at the hospital. Nurses may misunderstand the prescription for a medication and then administer the wrong dosage or medication. A pharmacy could also make an error in filling the incorrect medication or a drug that contains harmful ingredients.

Our firm is able to handle the most frequent medical Malpractice attorney claims. Our firm gets calls from clients who were given the wrong medication by their doctor which resulted in serious injuries or even death. Our lawyers will identify the place where the error occurred within the chain of command and who’s accountable for your injuries. We will then assist you to determine the value of your damages, which would include medical expenses, lost wages, and the pain and suffering that resulted from the injuries you sustained as a result of the medication error. The more severe your injuries, then the more you’ll be liable. You deserve adequate compensation. We can assist you to get the settlement you need.

Emergency Room Errors

Emergency rooms can be high-stress and high-pressure environments. This can be risky for the patients. Doctors are usually under a lot of pressure to take on as many patients as possible and are required to run tests quickly, communicate with each other, and read or write reports while delivering high-quality treatment to every patient. These hectic environments can lead to errors that can have disastrous consequences.

ER errors include everything from misdiagnosis of a patient to premature discharge. The most frequent causes of ER errors are a lack of medical history or misinterpretation of test results and failure to consult with specialists. ER staff may be unable to communicate with one another and with patients, for example, not communicating allergies, health problems or adverse reactions or giving incorrect advice.

To have a basis to bring a malpractice suit, the plaintiff has to first prove that the medical professional violated the standard of care. The standard of care is the level of care that an honest medical professional with the same education and experience would have provided in similar circumstances. The plaintiff must then show that negligence led to their injury and damages. A successful plaintiff can recover compensation for future and past medical bills as well as physical suffering in addition to loss of wages, earning capacity as well as funeral expenses when appropriate.