Malpractice Litigation

Malpractice litigation can be an extended and complex procedure. It requires the patient or a legally appointed representative, to prove that the physician was bound by a duty of care, and that the physician breached that duty and that harm resulted.

A variety of ideas have been proposed to change the legal rules governing malpractice law firms claims. These proposals would replace the trial and jury system with an alternative that would lower costs, speed settlements, eliminate excessively generous juries and filter out unnecessary medical claims.

Misdiagnosis

Misdiagnosis is one of the most prevalent forms of medical negligence. It happens millions of times each year and can have devastating effects, including the need for unnecessary surgery or long hospital stays or unnecessarily invasive treatment. In some instances an error in diagnosis could result in death.

To establish malpractice, the doctor must have breached his obligation to the patient by not diagnosing an injury or illness in a timely manner. In the majority of cases, failure of the physician to provide the required medical care is established through an expert opinion. This could be a medical professional who has vast knowledge of the kind of illness being examined. The expert should also demonstrate that the doctor failed to adequately add the disease to the list of differential diagnoses by using methods such as asking more questions, making additional observations, or ordering more tests as part of the diagnosis process.

A plaintiff also has to prove that the injuries caused by the misdiagnosis result of the breach of duty. This usually involves establishing actual damages, including future and past medical expenses, lost income, suffering and suffering, a shorter life expectancy and other damages. The plaintiff must also file the suit within the limitations period which usually are two or three years after the injury occurred.

The wrong procedure

It can be shocking to learn, but surgeons are performing the wrong procedure on a patient about 20 times per week. These surgical mistakes often result in patients being faced with unanticipated medical expenses and additional pain and suffering. An experienced medical malpractice lawyer can help you pursue the compensation you require for your losses.

A successful malpractice lawsuit requires a convincing claim of negligence on the part of the physician in the dispute. A claim of negligence that stems from a surgical error needs to demonstrate that the defendant's course of actions was not in accordance with the standard of care that would be offered by similarly trained doctors in similar situations. This can be accomplished through expert testimony and an extensive review of medical documents.

During the discovery phase where your attorney will exchange documents with the defense team that will be used in your case. These documents could include medical and surgical documents, lab reports, and documentation of your injuries. Your lawyer will interview witnesses in order to gather information regarding your case. In the course of the interview with the witness, the opposing attorney will inquire about your concerns under the oath. This is known as a deposition.

Surgery that is performed at the wrong site is a relatively rare, but serious form of malpractice. This kind of malpractice typically results from an error made by a physician who fails to follow the recommendations of a surgeon or a patient's medical history. In this instance it's possible to prove that negligence occurred. It's not always straightforward to determine the surgeon who should be held responsible.

Wrong Drugs

Every year, over a million Americans are injured or have their health issues worsened by errors in prescription drugs. Doctors must take extreme care when prescribing medication to ensure that they are safe and appropriate for the patient. If the doctor deviates from the medical standard of care and you suffer a severe injury as the result, it could be malpractice.

Sometimes, the error does not occur at the doctor's office, but rather at the hospital. A nurse might misunderstand a prescribed medication and administer the incorrect dosage or medication. The pharmacy could also be negligent by filling in the wrong medication or one with harmful ingredients.

Our firm deals with the most frequent medical malpractice claims. Our firm is frequently contacted by clients who were prescribed the wrong medication by their medical professionals that resulted in severe injuries or even death. Our lawyers will determine who is responsible for the accident and where the error occurred in the chain of command. We will then assist you to assign a value to your damages, which will include any medical costs or lost wages as well as suffering and pain that results from the injuries you sustained because of the error in your medication. The greater the severity of your injuries, then the more you'll be liable. You deserve adequate compensation. We can assist you in obtaining the settlement you need.

Emergency Room Errors

Emergency rooms are high-stress, high pressure environments that can be dangerous for patients. Doctors are often under pressure to attend to as many patients as possible and run tests as quickly as they can, communicate with each other, and read or write reports while delivering high-quality medical care to every patient. Unfortunately, these busy environments create mistakes that could cause catastrophic harm.

ER errors can include anything from misdiagnosis to premature discharge of a patient. The most frequent causes of ER mistakes are an insufficient medical history, misinterpretation of test results and failure to consult with specialists. ER staff may also make mistakes in communicating with one another or with the patient such as not mentioning a patient's allergies or adverse health conditions, or not giving the correct instructions to nurses.

To have grounds for a lawsuit for malpractice the plaintiff must first to prove that the medical professional did not follow standard care. The standard of care is defined as the level of care that a reasonable medical professional could have provided in similar circumstances. The plaintiff must show that the negligence was responsible 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 as well as funeral expenses where appropriate.