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Malpractice Litigation

Malpractice litigation can be a lengthy complex process. It requires the patient or a legally authorized representative, to prove that the physician had a duty to care, and that the doctor breached that duty and that the injury resulted.

Many proposals have been put forward to alter the legal rules that govern malpractice claims. The idea is to replace the trial and jury system by a different system that will lower costs, speed settlements, eliminate overly large juries and screen out unnecessary medical claims.

The wrong diagnosis

Medical columbus malpractice lawsuit is often caused by misdiagnosis. It happens millions of times each year and can lead to devastating effects, including a need for unnecessary surgery and long hospital stays and unnecessarily aggressive treatment. In some instances an error in diagnosis could result in death.

To prove that there was a colonial heights malpractice attorney, it must be demonstrated that the doctor owed the patient a duty and breached that obligation by not diagnosing the injury or illness properly. In the majority of cases, failure of the doctor to provide the required care is demonstrated by an expert’s opinion. This could be an expert in medicine who has vast knowledge of the kind of illness that is being investigated. The expert should also demonstrate that the physician did not adequately add the disease to the list of differential diagnosis by using methods such as asking additional questions, conducting further examinations or requesting further tests in the diagnostic procedure.

A plaintiff must also show that the injuries caused by the mistake were the direct result of the breach of duty. This typically involves proving real damages such as past or future medical expenses, loss of income or lost due to pain and discomfort shortened life span, and other damages. In addition, the victim must file the suit within the statute of limitations which is usually two or three years from the date of the injury.

Unskillful Procedure

It can be shocking to learn, but surgeons carry out the wrong procedure on a patient around 20 times per week. These surgical mistakes can result in unanticipated medical costs and additional pain for patients. An experienced medical malpractice lawyer can help you obtain the compensation you’re entitled to for your losses.

A successful malpractice case requires a strong argument that the doctor was negligent. A claim of negligence that stems from a surgical error must show that the defendant’s course of actions was not in accordance with the standard of care that would be provided by similarly skilled doctors in similar circumstances. This can be achieved through expert testimony and an extensive review 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 documentation of your injuries. The lawyer will also question witnesses to gather information for your case. In the course of the interview with the witness, the opposing attorney will be able to ask you questions under swearing. This is known as a deposition.

The wrong-site procedure is a very rare but serious form of malpractice. This type of negligence is usually caused due to a doctor’s failure adhere to the surgical recommendations or the medical records of the patient. In this case it is simple to establish negligence. However, determining who is liable for the negligence is not always simple.

Wrong Drugs

Every year over a million Americans are injured or have their health issues worsened because of drug errors. Doctors must exercise extreme care when prescribing drugs to ensure that they are safe and suitable for the patient. If a doctor’s decision isn’t in line with the medical standard of care and you suffer a severe injury as consequence, it could be malpractice.

Sometimes the error does not occur at the doctor’s office however, but instead at the hospital. For example nurses could misread a prescription and administer the wrong dosage or medication. A pharmacy can also be negligent by filling out the wrong prescription or a medication with harmful ingredients.

Medication errors are the most common kind of medical malpractice claim that our firm deals with. Our firm is frequently contacted by clients who have been prescribed the wrong medicine by their physicians, resulting in severe injuries or even death. Our attorneys will determine who is accountable for the injuries and determine where the error occurred within the chain of command. We will assist you in determining the value of your losses. This would include medical expenses, lost wages and discomfort and pain caused by injuries you sustained due to the error in your medication. The more severe your injuries, the more your damages. You deserve adequate compensation. We can assist you in obtaining the compensation you need.

Emergency Room Errors

Emergency rooms are high-stress, high-pressure settings which can be hazardous for patients. Doctors are under pressure to take care of as many patients as they can. They must also conduct tests quickly, communicate with themselves and write and read reports while providing top-quality patient treatment. Unfortunately, these busy environments create mistakes that could cause catastrophic harm.

ER errors can range from misdiagnosis, to premature discharge of the patient. The most common causes of ER errors are inadequate medical history or misinterpretation of test results and the inability to consult specialists. ER staff can also make mistakes in communicating with each other and patients, such as failing to inform patients of allergies, adverse health conditions or giving incorrect advice.

To have a basis for a malpractice claim, the plaintiff must first demonstrate that the medical professional acted in violation of the standard of care. The standard of care is the standard of care that an honest medical professional with the same education and experience would have offered in similar circumstances. The plaintiff is then required to show that negligence caused the injury and damages. A successful plaintiff can seek damages for past and future medical bills, physical pain and suffering as well as loss of wages and earning capacity and funeral expenses where appropriate.