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Malpractice Litigation

Malpractice litigation can be an extended and complex procedure. It requires the patient or a legally authorized representative, to show that the physician owed them a duty of care, that the physician breached that duty and that harm resulted.

There were a variety of proposals made to change the lawful rules governing medical malpractice. The trial and jury system was replaced with an alternative that would cut costs and speed up settlements, reduce juries with excessively generous verdicts and weed out frivolous claims.

Incorrect diagnosis

Medical malpractice is often caused by incorrect diagnosis. It happens thousands of times every year, and can result in devastating consequences, including the need for unneeded surgery and long hospital stays and excessively aggressive treatment. In some instances an error in diagnosis could cause death.

To establish malpractice, the doctor must have violated his obligation to the patient by failing to diagnose an injury or illness accurately. In most instances, proving a doctor's failure to live up to the standards of care requires an expert opinion, such as an expert in medicine who is knowledgeable about the kind of illness that is involved in the case. The expert must also demonstrate that the doctor did not add the disease to their list of differential diagnoses by asking further questions, making more observations or requesting further tests to aid in the diagnosis procedure.

A plaintiff must also prove that the injuries caused by an incorrect diagnosis result of the breach of duty. This typically means establishing damages that are actual, such as future and past medical expenses and lost income, as well as suffering and pain, shortened life expectancy and other damages. In addition, the victim must file the lawsuit within the time limit of the statute of limitations, which is typically two or three years from the date of the injury.

Wrong Procedure

It may be shocking to hear, but surgeons carry out the wrong procedure on a patient approximately 20 times per week. These surgical mistakes often result in patients being faced with unanticipated medical costs and suffering and pain. A medical malpractice lawyer can help you get the compensation you are entitled to for your losses.

A successful malpractice lawsuit demands an enviable claim of negligence on the part of the doctor in the matter. A malpractice claim caused by a surgical error must show that the defendant's actions were different from the standard care that would have been offered by a physician with the same training in similar circumstances. This can be done through expert testimony and an extensive review of medical documents.

During the discovery process, your attorney and the defense team will share relevant documents to be used in your case. These documents could include medical and surgical reports, lab reports and documents of your injuries. The lawyer will interview witnesses in order to gather information about your case. During the interview with a witness, you will be asked questions under oath by the opposing counsel. This is known as a deposition.

The wrong-site procedure is a very rare but very serious form of malpractice. This kind of malpractice is usually triggered by a physician's failure to follow the surgical guidelines or the patient's medical records. In such a situation, it is easy to prove negligence. It's not always simple to decide which surgeon should be held accountable.

Wrong Drugs

Drug errors can lead to harm or worsening of health conditions in over a half a million Americans every year. Doctors must exercise extreme care when prescribing medications to ensure that they are safe and appropriate 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 the result, it could be considered malpractice.

Sometimes, the error doesn't happen at the doctor's office but in the hospital. For instance nurses could mistakenly interpret a prescription, and then administer the wrong dosage or medication. The pharmacy could also make an error in filling the incorrect prescription or filling the medication that contains harmful ingredients.

Medication errors are the most common type of medical malpractice claim that our firm takes care of. We receive calls from clients who were prescribed the wrong medication by their physicians that resulted in severe injuries or even death. Our attorneys will work to determine where the error occurred within the chain of command and determine who is responsible for your injuries. We will help you determine the amount of your damages. This includes medical costs, lost wages and pain and discomfort resulting from injuries you suffered due to the error in your medication. The more severe your injuries, then the more damages you will incur. You deserve adequate compensation. We can assist you to get the compensation you need.

Emergency Room Errors

Emergency rooms are high-stress, high-pressure settings which can be hazardous for patients. Doctors are often under pressure to attend to as many patients as possible and run tests as quickly as they can and communicate with one another and read or write reports while delivering high-quality medical care to every patient. However, these hectic environments can lead to mistakes that can have catastrophic consequences.

ER errors include everything from the incorrect diagnosis of a patient to premature discharge. Most ER errors are caused by the absence of a medical history, mistake in interpretation or test results and a failure consult with specialists. ER staff can also make mistakes in communicating with each other or with the patient for example, not communicating the patient's allergies, or any other health conditions, or not giving the correct instructions to nurses.

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 show that negligence was the cause for their injuries and damages. A successful plaintiff may recover compensation for past and future medical bills as well as physical suffering, loss of wages and earning capacity, funeral expenses and funeral costs in the event that they are applicable.