Malpractice Litigation
Malpractice litigation can be an extended and complex procedure. It requires the patient, or a legally-appointed representative, to prove that the doctor had a duty to care, and that the doctor breached that duty and that injuries resulted.
Various proposals have been made to alter the legal rules that govern malpractice claims. They propose to replace the jury and trial system with a system that could reduce costs, expedite settlements, eliminate excessively generous juries and screen out frivolous medical claims.
Misdiagnosis
Misdiagnosis is one of the most frequent forms of medical negligence. It occurs countless times every year, resulting in devastating consequences, including unnecessary surgery, prolonged hospitalizations, or invasive treatment. In some cases an error in diagnosis could result in death.
To prove malpractice lawyer to prove malpractice, it must be proved that the doctor owed the patient a duty and breached that duty by failing to diagnose the condition or injury correctly. In the majority of cases, inability of a doctor to perform the required medical care is established by an expert’s assessment. This can be a medical professional who has vast knowledge of the kind of illness that is being investigated. The expert must also show that the physician failed to properly include the disease in the list of differential diagnoses by using methods like asking additional questions, observing further, or ordering more tests in the diagnostic process.
A plaintiff must also demonstrate that the injuries resulting from the misdiagnosis were the direct result of the breach of duty. This typically involves proving actual damages such as past or future medical expenses, income lost as well as pain and discomfort, diminished life span, and other losses. The victim must file the suit within the statute of limitation which typically is two or three years after when the damage occurred.
The wrong procedure
It’s not a pleasant thing to hear, but surgeons are performing the wrong procedure on a patient about 20 times a week. These mistakes can result in unanticipated medical costs and additional pain for patients. An experienced medical malpractice lawyer can help you obtain the compensation you’re entitled to for your losses.
A successful malpractice case requires a strong claim that the doctor is negligent. A malpractice claim based on a surgery error must demonstrate that the defendant’s actions were different from the usual care that would have been provided by doctors who have similar training in similar circumstances. This can be done through expert testimony and a thorough examination of medical documents.
During the discovery process your attorney and defense team will share relevant documents to be used in your case. The documents could comprise medical and surgical records, lab reports, and documentation of your injury. Your lawyer will also speak with witnesses to gather information to support your case. When you meet with the witness, the opposing attorney will inquire about your concerns under swearing. This is referred to as a deposition.
Surgery that is performed at the wrong site is a relatively rare, but serious form of malpractice. This kind of malpractice is usually triggered by a doctor’s failure to follow the surgical guidelines or the medical records of the patient. In this instance, it can be easy to prove that negligence took place. However, determining who should be held responsible is not always simple.
Wrong Drugs
Drug-related errors can cause injuries or worsening health conditions in more than a half a million Americans every year. Doctors must exercise extreme caution when prescribing medications, to ensure that they are appropriate and safe for the patient. If you suffer serious injury because of a doctor’s deviations from the standard medical procedure, it could be negligence.
Sometimes the error does not occur in the doctor’s office or in the hospital. For instance nurses could not have a proper understanding of a prescription and give the wrong dosage or medication. A pharmacy might also commit mistakes by filling wrong prescription or filling a medicine with harmful ingredients.
Our firm specializes in the most frequent medical malpractice cases. Our firm gets calls from clients who were given the wrong medication by their doctor, resulting in severe injuries or even death. Our lawyers will identify the place where the error occurred in the chain of command and determine who is accountable for your injuries. We will assist you in determining the amount of your damages. This could include medical expenses, lost wages and discomfort and pain that result from injuries that you sustained as a result of the medication mistake. The more severe your injuries, the more the damages. You deserve adequate compensation. We can help you get the compensation you deserve.
Emergency Room Errors
Emergency rooms can be stressful and high-pressure environments. This can be a risk for patients. Doctors are under pressure to treat as many patients as they can. They must also conduct tests quickly, communicate with themselves, and read and write reports and provide high-quality patient care. These busy environments can lead to errors that can have catastrophic consequences.
ER errors can include anything from misdiagnosis to premature discharge of a patient. The most common causes of ER errors include an inadequate medical history or misinterpretation of test results and a failure to speak with specialists. ER staff can make errors in communicating with one another or with the patient for example, not communicating the patient’s allergies or health conditions or giving incorrect instructions to nurses.
In order to have grounds for a malpractice lawsuit, the plaintiff has to first prove that the medical professional acted in violation of the standard of care. The standard of care is defined as the degree of care a reasonable medical professional would have offered in similar circumstances. The plaintiff must show that the negligence was responsible for their injuries and damages. A successful plaintiff can recover compensation for past and future medical bills, physical suffering as well as loss of wages and earning capacity and funeral expenses in the event that they are applicable.
