Malpractice Litigation
Malpractice litigation can be a long and complex procedure. It is necessary for the patient or an legally appointed representative to prove that the doctor violated the duty of care owed them and that an injury resulted.
There were a variety of proposals made to change the lawful rules that govern medical malpractice attorneys claims. The trial and jury system was replaced with an alternative which would reduce costs and speed settlements, eliminate excessively generous juries and weed out fraudulent claims.
Undiagnosed
Medical malpractice is often caused by incorrect diagnosis. It happens thousands of times each year and can have devastating consequences, including the need for unneeded surgery and long hospital stays and excessively aggressive treatment. An incorrect diagnosis could cause death, as in some cases involving severe injury or illness.
To prove that there was a malpractice, it must be demonstrated that the doctor owed the patient a duty and violated this obligation by not diagnosing the illness or injury properly. In most cases, the failure of the doctor to provide the required care is demonstrated through an expert opinion. This could be an expert in medicine who has extensive knowledge of the type of illness that is being investigated. The expert has to prove that the doctor did not add the condition to their differential diagnosis list by asking more questions, conducting more examinations or requesting additional tests as part of the diagnosis process.
A plaintiff must also show that the injuries caused by the misdiagnosis result of the breach of duty. This typically means proving the actual damages, such as past or future medical expenses, loss of income in the form of pain and discomfort, shorter life spans, and other losses. The plaintiff must also file the suit within the statute of limitations which usually are two or three years after the damage was caused.
Wrong Procedure
It could be a shock to discover that surgeons perform the wrong procedure on patients around 20 times per week. These mistakes in surgery often result in patients being faced with unanticipated medical costs and suffering and pain. A medical malpractice lawyer can assist you in obtaining the compensation you are entitled to for your losses.
A successful malpractice suit requires a strong case that proves the doctor is negligent. A claim of negligence that stems from an error in surgery must prove that the defendant’s course of procedure was in violation of the norm of care that would be provided by similarly skilled doctors in similar situations. This can be achieved through expert testimony and an extensive examination of medical records.
During the discovery process, your attorney and the defense team will exchange relevant documents to use in your case. The documents could include surgical and medical reports, lab reports, as well as documentation of your injury. Your lawyer will also interview witnesses to gather evidence for your case. During the witness interview, you will be questioned under oath, by the opposing counsel. This is called a deposition.
Wrong-site surgeries are a relatively rare, but serious form malpractice. This type of malpractice is usually triggered by a physician’s failure to adhere to the surgical recommendations or the medical record of the patient. In this instance, it can be easy to demonstrate that negligence was the cause. However, determining who is liable for the negligence is not always straightforward.
Wrong Drugs
Every year over one million Americans are injured or have their health issues worsened because of drug errors. Doctors must exercise extreme caution when prescribing drugs 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 a case of malpractice attorney.
Sometimes errors don’t occur in the doctor’s office, but rather in the hospital. A nurse might misunderstand the prescription for a medication and then administer the wrong dose or medication. The pharmacy could also make a mistake by filling out the wrong prescription or using harmful ingredients.
Our firm is able to handle the most common medical malpractice cases. Our firm receives calls from clients who were given the wrong medication by their physicians that resulted in severe injuries or even death. Our attorneys will determine who is accountable for the injury and pinpoint where the error occurred within the chain of command. We will help you determine the value of your damages, which could include medical expenses as well as lost wages and pain and suffering resulting from the injuries you sustained because of the medication error. The more severe your injuries, the greater your damages. You deserve adequate compensation. We can assist you to get the compensation you deserve.
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 care for as many patients as they can. They must also conduct tests quickly, communicate among themselves, and read and write reports while also providing high-quality patient treatment. Unfortunately, these busy environments create mistakes that could have catastrophic consequences.
ER errors can range from misdiagnosis and premature discharge of a patient. Most ER errors are caused by a lack of medical history, incorrect interpretation of test results or diagnosis or failure to consult specialists. ER staff can also make mistakes when communicating with each other and with patients, for example, failing to communicate a patient’s symptoms of allergies, health issues or other conditions or giving incorrect advice.
To be able to file an action for malpractice the plaintiff first needs to establish that the medical professional infringed on the standard care. The standard of care is the standard of care that a reasonable medical professional with the same education and experience would provide in similar circumstances. The plaintiff is then required to show that this negligence caused their injury and subsequent damages. A successful plaintiff can seek compensation for past or future medical bills along with pain and suffering, lost wages and earning potential and funeral expenses, depending on the circumstances.