Malpractice Litigation
Malpractice litigation can be a long, complicated process. It is required for the patient or a legally appointed representative to show that the physician violated the obligation of care owed to them and that a repercussion resulted.
There have been a variety of proposals to change the legal rules governing malpractice claims and replace the trial and jury system with an alternative that would reduce costs, speed settlements, eliminate excessively large juries and screen out unsubstantial medical claims.
The wrong diagnosis
The misdiagnosis of a patient is among the most common forms of medical negligence. It occurs millions of times every year, and can result in devastating effects, including the need for unneeded surgery, long hospital stays, or unnecessarily invasive treatment. In some instances an error in diagnosis could cause death.
To establish malpractice, the doctor must have violated his duty to the patient by not diagnosing an illness or injury correctly. Most of the time, the failure of the doctor to provide the required medical care is established by an expert opinion. This could be an expert in medicine who has extensive knowledge of the type of illness being examined. The expert must also prove that the doctor did not add the condition to their differential diagnosis list by asking additional questions, or making further observations,
Malpractice or ordering further tests as part of the diagnosis procedure.
A plaintiff must also show that the injuries caused by a misdiagnosis are a direct result from the breach of duty. This usually involves establishing actual damages, including past and future medical expenses, lost income, suffering and pain, shortened life expectancy, and other damages. The plaintiff must also file a lawsuit within the statutes of limitations that are typically two or three years after the injury was incurred.
Incorrect Procedure
It's not a pleasant thing to learn, but surgeons are performing the wrong procedure on a patient around 20 times per week. These mistakes in surgery often cause patients to be faced with unanticipated medical costs and suffering and pain. An experienced medical malpractice lawyer could assist you in obtaining the reimbursement you require for your losses.
A successful malpractice case requires a convincing case of negligence on the part of the physician in the dispute. A claim of malpractice based on a surgery error must demonstrate that the defendant's actions deviated from the usual care that would have been offered by physicians with similar training in similar circumstances. This can be done through expert testimony and a thorough review of medical records.
During the discovery phase, your attorney will exchange documents with the defense team in order to be used in your case. These documents could include surgical and medical documents, lab reports as well as documentation of your injury. Your lawyer may also interview witnesses to gather information to support your case. During the interview you will be asked questions under oath, by the opposing counsel. This is referred to as a deposition.
Surgery performed on the wrong site is a rare but very serious type of malpractice. This type of
malpractice usually results from an error made by a doctor who fails to adhere to the surgical recommendations or a patient's medical history. In this case, it is easy to establish the negligence. However, determining who should be held accountable is not always easy.
Wrong Drugs
Every year, more than one million Americans are injured or have their health conditions worsened because of drug errors. Doctors must exercise extreme caution when prescribing drugs to ensure that they are appropriate and safe for the patient. If a doctor's prescription is not in accordance with the medical standard of care and you suffer a severe injury as result, it could be malpractice.
Sometimes an error isn't made at the physician's office but rather in the hospital. Nurses may misunderstand the prescription and give the wrong dosage or medication. A pharmacy could also make an error by filling in the wrong medication or a medication that contains harmful ingredients.
Our firm specializes in the most frequent medical malpractice cases. We receive calls from clients who's doctor prescribed them the wrong medication, causing them to suffer serious injuries, or even death. Our attorneys will determine where the error happened in the chain of command and determine who is accountable for your injuries. We will assist you in determining the value of your losses. This would include medical expenses, lost wages, discomfort and pain that result from injuries sustained as a result of the error in medication. The more severe your injuries, the greater your damages. You deserve adequate compensation. We can assist you in getting the settlement you deserve.
Emergency Room Errors
Emergency rooms are high-stress and high-pressure environments that could be dangerous for patients. Doctors are often under pressure to treat as many patients as possible and are required to run tests quickly and communicate with one another, and read or write reports while also providing high-quality medical attention to every patient. These busy environments can result in mistakes that have catastrophic consequences.
ER mistakes range from mistakes in diagnosis to premature discharge. Most ER errors are caused by a lack of medical history, misinterpretation or test results and a failure consult with specialists. ER staff could also make mistakes when communicating with each other and with patients, for example, not communicating a patient's symptoms of allergies, health issues or
Malpractice other conditions or giving incorrect directions.
In order to be able to bring a case to bring a
malpractice suit, the plaintiff must first prove that the medical professional violated the standard of care. The standard of care refers to the level of care that a reasonable medical professional with the same education and experience would have provided in similar circumstances. The plaintiff is then required to show that negligence led to their injury and damages. A successful plaintiff can recover compensation for future and past medical bills, physical pain and suffering, loss of wages and earning capacity, funeral expenses and funeral costs in the event that they are applicable.