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Malpractice Litigation

Malpractice litigation can be a lengthy complicated procedure. It requires the patient, or a legally authorized representative, to show that the physician was bound by a duty of care, and that the doctor did not fulfill that duty and harm resulted.

Various proposals have been made to change legal rules governing malpractice claims and replace the trial and jury system with a system that could reduce costs, speed settlements, end overly generous juries and filter out frivolous medical claims.

Misdiagnosis

Medical malpractice is often caused by misdiagnosis. It occurs in a multitude of instances every year, and can have devastating consequences, including unneeded surgery, lengthy hospitalizations, or invasive treatment. A mistake in diagnosis can result in death, in some cases that involve severe illness or injury.

To prove malpractice to prove malpractice, it must be proved that the doctor owed an obligation to the patient and breached the obligation by failing to identify the illness or injury properly. In the majority of cases, failure of the physician to meet the standards of care is proven by an expert opinion. This could be a medical professional with vast knowledge of the kind of illness that is being investigated. The expert should also demonstrate that the physician failed to properly add the condition to his or her list of differential diagnosis using methods like asking additional questions, making additional observations or requesting additional tests in the diagnostic procedure.

A plaintiff must also show that the injuries caused by the misdiagnosis result of the breach of duty. This typically involves proving actual damages such as past or future medical expenses, income lost in the form of pain and discomfort, shortened life span and other expenses. Finally, the victim must bring the suit within the statute of limitations which is typically two or three years after the date of the harm.

Incorrect Procedure

It might be shocking to discover that surgeons perform the incorrect procedure on a patient about 20 times a week. These surgical mistakes can result in unexpected medical expenses and further pain for patients. An experienced medical malpractice lawyer can help you obtain the compensation you need for your losses.

A successful malpractice suit demands a strong argument that the physician is negligent. A claim of negligence that stems from an error in surgery must prove that the defendant’s course procedure was in violation of the standards of care that would be offered by similarly trained physicians in similar circumstances. This can be accomplished by expert testimony and a thorough review of medical records.

During the discovery phase where your attorney will exchange documents with the defense team that will be used in your case. These documents may include medical and surgery reports, lab reports, and other evidence of your injuries. Your lawyer will also interview witnesses to gather evidence for your case. In the witness interview you will be questioned under oath from the opposing counsel. This is known as a deposition.

Wrong-site surgery is a rare, but serious form of malpractice attorneys. This type of malpractice usually is caused by the doctor who fails to follow surgical recommendation records or the medical history of a patient. In this case, it can be easy to prove that negligence took place. However, determining which surgeon is liable for the negligence is not always easy.

Wrong Drugs

Every year, more than one million Americans are injured or have their health issues worsened by errors in prescription drugs. Doctors must exercise extreme care when prescribing medicines, to ensure that they are safe and appropriate for the patient. If you sustain serious injuries because of a doctor’s deviation from standard medical practice, it could be negligence.

Sometimes errors don’t occur in the doctor’s offices but rather in the hospital. For instance nurses could mistakenly interpret a prescription, and then administer the wrong dosage or medication. The pharmacy could also be negligent by filling the incorrect medication or a medication with harmful ingredients.

Our firm is able to handle the most common medical malpractice claims. We receive calls from clients who were given the wrong medication by their physicians, resulting in severe injuries or even death. Our attorneys will determine who was responsible for the injury and where the error occurred within the chain of command. We will help you assign a value to your damages, which would include any medical expenses along with lost wages, suffering and pain resulting 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 assist you in getting the compensation you deserve.

Emergency Room Errors

Emergency rooms are high-stress, high pressure environments that can be dangerous for patients. Doctors are under pressure to treat as many patients as they can. They also must conduct tests quickly, interact with themselves, and read and write reports and provide high-quality patient care. This can lead to mistakes with catastrophic consequences.

ER errors can include anything from misdiagnosis to premature discharge of a patient. Most ER errors result from the absence of medical history, misinterpretation or test results or a failure to consult specialists. ER staff could make errors when communicating with each other and patients, such as failing to communicate a patient’s symptoms of allergies, health issues or other conditions or giving incorrect advice.

In order to be able to bring a case for a malpractice lawsuit, the plaintiff must first demonstrate that the medical professional acted in violation of the standard of care. The standard of care is defined as the amount of care a reasonable medical professional would have offered under similar circumstances. The plaintiff must demonstrate that the negligence is responsible for their injury and damages. A successful plaintiff may recover compensation for future and past medical bills, physical suffering and pain, loss of wages and earning capacity as well as funeral expenses where applicable.