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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 show that the physician was obligated to them under a duty of care, that the doctor breached that duty and that injury resulted.

There have been a variety of proposals to change the legal rules governing malpractice lawsuits claims. They propose to replace the trial and jury system with an alternative that would reduce costs, expedite settlements, reduce excessively generous juries, and eliminate frivolous medical claims.

The wrong diagnosis

The misdiagnosis of a patient is among the most frequent forms of medical negligence. It happens millions of times every year, and can have devastating consequences, including unnecessary surgical procedures, prolonged hospital stays, or ad hoc treatment. A misdiagnosis could result in death, in some cases involving serious illness or injury.

In order to prove malpractice, a doctor must have violated his obligation to the patient by not diagnosing an injury or illness correctly. In most cases, the failure of the physician to meet the standard of care is demonstrated by an expert opinion. This could be a medical professional who has vast knowledge of the kind of disease in question. The expert must also demonstrate that the doctor did not add the condition to their differential diagnosis list by asking additional questions, conducting more examinations or ordering additional tests to aid in the diagnosis process.

A plaintiff must also prove that the injuries resulting from the incorrect diagnosis were a direct result of the breach of duty. This usually involves establishing actual damages, like future and past medical expenses as well as lost income, pain and suffering, shortened life expectancy and other damages. In addition, the victim must file the suit within the statute of limitation which typically is two or three years after the date of the harm.

Wrong Procedure

It may be shocking to learn that surgeons execute the wrong procedure on a patient approximately 20 times a week. These errors in surgery can lead to unanticipated medical costs and additional discomfort for patients. An experienced medical malpractice law firms lawyer could assist you in obtaining the reimbursement you're entitled to for your losses.

A successful malpractice suit demands a strong claim that the physician is negligent. A claim of malpractice stemming from a surgical error must prove that the defendant's actions deviated from the usual care that would have been offered by doctors who have similar training in similar circumstances. This can be accomplished by expert testimony as well as 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 could include medical and surgery documents, lab reports and evidence of your injury. Your lawyer will interview witnesses to gather information about your case. During the interview with the witness, the attorney opposing you will inquire about your concerns under an oath. This is called a deposition.

Wrong-site surgeries are a relatively rare and serious form of malpractice. This type of malpractice is usually triggered due to a doctor's failure follow the surgical advice records or the medical record of the patient. In this scenario, it can be easy to demonstrate that negligence was the cause. However, determining which surgeon should be held responsible is not always straightforward.

Wrong Drugs

Every year over one million Americans are injured or have their health issues worsened due to drug-related errors. 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 treatment and you suffer an injury as the result, it could be a case of malpractice.

Sometimes, the error does not occur in the doctor's offices however, but instead at the hospital. For example, a nurse might not have a proper understanding of a prescription and give the wrong dosage or medication. The pharmacy could also be negligent when filling a prescription with the wrong medication or a medicine with harmful ingredients.

Our firm is able to handle the most frequent medical Malpractice Attorney cases. We get calls from clients who's doctors prescribed the wrong medication, which caused them to suffer serious injuries and even death. Our attorneys will work to identify the place where the error occurred within the chain of command and who is accountable for your injuries. We will help you assign a value to your damages. This would include any medical costs, lost wages, and suffering and pain that results from the injuries you suffered because of the medication error. The greater the severity of your injuries, then the more you'll be liable. 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 treat as many patients as they can and run tests as quickly as they can and be in constant communication with each other, and read or write reports while providing top-quality treatment to every patient. This can lead to mistakes with devastating consequences.

ER errors can range from misdiagnosis of a patient to premature discharge. The majority of ER errors result from the absence of a medical history, misinterpretation or test results or failure to consult with specialists. ER staff can make errors in communicating with one another or with the patient such as not communicating a patient's allergies or adverse health conditions, or not giving the correct instructions to nurses.

To be able to establish grounds for a malpractice claim, the plaintiff has to first prove that the medical professional acted in violation of the standard of care. The standard of care is the amount of care that an honest 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 subsequent damages. A successful plaintiff could recover compensation for past and future medical bills as well as physical suffering and pain in addition to loss of wages, earning capacity, funeral expenses and funeral costs when appropriate.