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Malpractice Litigation

Malpractice litigation can be a lengthy and complicated process. It requires the patient or a legally-appointed representative, to show that the doctor was bound by a duty of care, and that the doctor violated the duty and harm resulted.

There have been a variety of proposals to modify the rules of law governing malpractice claims. They propose to replace the jury and trial system with a system that could lower costs, speed settlements, reduce excessively generous juries and screen out unsubstantial medical claims.

Misdiagnosis

Medical malpractice is usually caused by incorrect diagnosis. It happens a lot every year, and can result in devastating results, such as the need for unnecessary surgery, long hospital stays, and excessively aggressive treatment. In some cases an error in diagnosis could cause death.

To establish malpractice, the doctor must have breached his duty to the patient by not diagnosing an illness or injury correctly. In the majority of cases, inability of the doctor to meet the standard of treatment is confirmed through an expert opinion. This could be an expert medical professional who has vast knowledge of the kind of disease in question. The expert has to prove that the doctor didn't add the disease to their differential diagnosis list by asking further questions, making more observations, or ordering further tests in the diagnosis process.

A plaintiff must also show that the injuries resulting from the misdiagnosis resulted directly from the breach of duty. This typically means establishing actual damages, like future and past medical expenses, lost income, the suffering of others, a reduced life expectancy, and other losses. Additionally, the plaintiff must file the lawsuit within the statute of limitations, which is typically two or three years from the date of the incident.

Unskillful Procedure

It's shocking to hear, but surgeons perform the wrong procedure on a patient approximately 20 times a week. These surgical errors typically leave patients with unexpected medical expenses as well as suffering and pain. A medical malpractice lawyer can help you get the compensation you deserve for your losses.

A successful malpractice lawsuit requires an enviable claim of negligence on the part of the physician in question. A malpractice claim stemming from a surgical error must demonstrate that the defendant's actions differed from the standard of care that would have been offered by physicians with similar training in similar situations. This can be done through expert testimony and an extensive review of medical documents.

During the discovery phase in the discovery phase, your lawyer will exchange documents with the defense team in order to be used in your case. These documents could include medical and surgical records, lab reports and documentation of your injuries. Your lawyer may also interview witnesses to gather information to support your case. During the interview with a witness, the opposing attorney will ask you questions under oath. This is referred to as a deposition.

Wrong-site surgeries are a relatively rare and serious form of malpractice. This type of malpractice usually involves an error by the doctor who fails to follow the surgical recommendation or a patient's medical history. In this instance it's possible to demonstrate that negligence was the cause. However, determining which surgeon should be held accountable isn't always easy.

Wrong Drugs

Drug errors can lead to injuries or worsening health conditions in more than a half million Americans each year. Doctors must exercise extreme care when prescribing medications, to ensure that they are safe and appropriate for the patient. If the doctor's actions are not in line with the medical standard of care and you suffer severe injury as consequence, it could be malpractice.

Sometimes, the error does not happen in the doctor's office or in the hospital. For instance nurses could not have a proper understanding of a prescription and give the wrong dosage or medication. A pharmacy could also make a mistake by filling in the wrong medication or one with harmful ingredients.

Medication errors are the most popular kind of medical malpractice claim that our firm handles. Our firm receives calls from clients who were prescribed the wrong drug by their physicians which resulted in serious injuries or even death. Our attorneys will determine who is accountable for the injuries and determine where the error occurred in the chain of commands. We will then assist you to assign a value to your damages, which would include any medical costs as well as lost wages and suffering and pain resulting from the injuries you suffered due to the medication error. The more severe your injuries, the more your damages. You deserve adequate compensation. We can assist you in obtaining the settlement you need.

Emergency Room Errors

Emergency rooms are often high-stress and high-pressure environments. This could be hazardous for patients. Doctors are often under a lot of pressure to attend to as many patients as they can and must conduct tests swiftly, communicate with each other and read or write reports while also providing high-quality care to each patient. Unfortunately, these busy environments cause mistakes that could cause catastrophic harm.

ER mistakes range from misdiagnosis of a patient to premature discharge. The most frequent causes of ER errors are a lack of medical history and misinterpretation of test results and failure to consult with specialists. ER staff may also make mistakes when communicating with each other or with patients, for example, not communicating the patient's allergies or other health conditions or giving incorrect instructions to nurses.

To be able to establish grounds to bring a malpractice suit, the plaintiff has to first prove that the medical professional acted in violation of the standard of care. The standard of care is defined as the degree of care a reasonable medical professional could have provided under similar circumstances. The plaintiff must prove that negligence was the cause for their injuries and damages. A successful plaintiff will be able to recover compensation for future or past medical bills, pain and suffering, lost earnings and earning potential and funeral costs, when applicable.