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Malpractice Litigation

The process of bringing a lawsuit for malpractice is usually an extended and complex process. It requires the patient, or a legally appointed representative, to prove that the doctor was obligated to them under a duty of care, that the doctor breached that duty and that injuries resulted.

There have been a variety of proposals to alter the legal rules that govern malpractice claims. They propose to replace the trial and jury system with a new system that would lower costs, speed settlements, eliminate excessively generous juries and screen out unsubstantial medical claims.

The wrong diagnosis

Medical malpractice is often caused by misdiagnosis. It occurs countless times every year, resulting in devastating results, including unnecessary surgeries, long hospitalizations, or invasive treatment. A mistake in diagnosis can cause death, as in some cases involving severe injuries or illness.

To prove malpractice, the doctor must have breached his duty to the patient by not diagnosing an injury or illness correctly. Most of the time, the inability of a doctor to perform the required care is demonstrated by an expert's assessment. This could be an expert medical professional who has extensive knowledge of the type of disease in question. The expert must also show that the doctor did not add the illness to their list of differential diagnoses by asking more questions, or making further observations or requesting further tests in the diagnosis process.

A plaintiff must also show that the injuries resulting from a misdiagnosis are a direct result from the breach of duty. This typically involves proving actual damages like past or future medical expenses, income lost, pain and discomfort, shorter life spans and other damages. The victim must also file the lawsuit within the limitations period which typically are two or three years after the damage was incurred.

Wrong Procedure

It may be shocking to learn that surgeons carry out the wrong procedure on a patient approximately 20 times a week. These surgical errors typically result in patients suffering unexpected medical expenses as well as pain and suffering. An experienced medical malpractice lawyer can help you pursue the compensation you require for your losses.

A successful malpractice suit requires a strong claim that the doctor is negligent. A claim of malpractice stemming from a surgical error must demonstrate that the defendant's actions diverged from the standard care that would have been offered by doctors with similar training in similar circumstances. This can be achieved through expert testimony and a thorough review of medical documents.

During the discovery process your attorney and defense team will share relevant documents to use in your case. These documents may include medical and surgical reports, lab reports, and evidence of your injury. Your lawyer will also interview witnesses to gather evidence to support your case. During the interview with a witness, you will be questioned under oath, by the opposing counsel. This is referred to as a deposition.

The wrong-site surgery is a very rare and serious form of malpractice. This type of malpractice usually results from an error made by a physician who fails to follow the surgical recommendation or a patient's medical history. In this situation, it is easy to prove negligence. It's not always simple to decide who is responsible.

Wrong Drugs

Each 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 medication to ensure that they are safe and suitable for the patient. If the doctor deviates from the medical standard of treatment and you suffer an injury as a result, it may be malpractice.

Sometimes errors don't occur in the doctor's office, but in the hospital. For example the nurse could mistakenly interpret a prescription, and then administer the wrong dosage or medication. A pharmacy can also make a mistake by filling the incorrect medication or a medication with harmful ingredients.

Medication errors are the most common type of medical malpractice claim that our firm handles. We receive calls from clients who have been prescribed the wrong drug by their physicians that resulted in severe injuries or even death. Our attorneys will work to determine the source of the error in the chain of command and who's accountable for your injuries. We will help you determine the amount of your damages. This would include medical expenses, lost wages, discomfort and pain that result from injuries you suffered due to the mistake in your medication. The more severe your injuries, then the more you'll be liable. You deserve adequate compensation. We can assist you to get the settlement you require.

Emergency Room Errors

Emergency rooms can be high-stress and high-pressure environments. This can be a risk for the patients. Doctors are under pressure to treat as many patients as they can. They also have to conduct tests quickly, communicate among themselves, and read and write reports, all while providing quality patient treatment. However, these hectic environments can create mistakes that could cause catastrophic harm.

ER errors can range from mistaken diagnosis of a patient, to premature discharge. The majority of ER errors result from the absence of medical history, misinterpretation or test results or a failure to consult specialists. ER staff may make errors when communicating with each other and patients, such as failing to communicate a patient's allergies, health problems or adverse reactions or giving incorrect directions.

In order to have grounds for a malpractice lawsuit, the plaintiff has to first prove that the medical professional breached the standard of care. The standard of care is defined as the amount of care a reasonable medical professional would provide in similar circumstances. The plaintiff must show that the negligence is responsible for their injury and damages. A successful plaintiff can recover damages for past and future medical bills as well as physical pain and suffering, loss of wages and earning capacity and funeral expenses where appropriate.