Malpractice Litigation
Malpractice litigation can be a lengthy complex process. It is essential for the patient or a legally appointed representative to prove that the doctor did not fulfill the duty of care owed them, and that an injury resulted.
Many proposals were put forward to alter the legal rules that govern medical malpractice claims. The trial and jury system was replaced by an alternative which would reduce costs and speed up settlements, eliminate juries that were too generous, and screen out fraudulent claims.
Incorrect diagnosis
Medical malpractice is usually caused by incorrect diagnosis. It happens a lot each year and can lead to devastating consequences, like the need for unneeded surgery or long hospital stays and unnecessary treatment. In some cases a mistake in diagnosis can cause death.
To prove malpractice, it must be demonstrated that the doctor owed an obligation to the patient and breached the duty by failing to diagnose the condition or injury correctly. Most of the time, the failure of the physician to meet the standard of care is proven through an expert opinion. This could be an expert medical professional who has extensive knowledge of the type of illness being examined. The expert has to prove that the doctor didn’t add the disease to their differential diagnosis list by asking additional questions, observing more or ordering additional tests as part of the diagnosis process.
A plaintiff must also demonstrate that the injuries caused by an incorrect diagnosis result from the breach of duty. This usually means establishing actual damages, such as past and future medical expenses, lost income, suffering and pain, shortened life expectancy and other damages. In addition, the victim must file the lawsuit within the statute of limitations which is typically two or three years from when the damage occurred.
Unskillful Procedure
It’s not a pleasant thing to learn that surgeons make the wrong decision on a patient about 20 times a week. These surgical mistakes could lead to unanticipated medical costs and additional pain for patients. An experienced medical malpractice lawyer could help you obtain the compensation you deserve for your losses.
A successful malpractice suit requires a convincing case of negligence on the part of the physician in question. A claim of malpractice caused by a surgical error must prove that the defendant’s actions deviated from the usual care that would have been provided by doctors who have similar training in similar situations. This can be done through expert testimony or a thorough analysis of medical records.
During the discovery process your attorney and defense team will exchange relevant documents to use in your case. These files could include medical and surgery records, lab reports as well as documentation of your injury. Your lawyer will interview witnesses to gather information about your case. During the interview, you will be questioned under oath from the opposing counsel. This is known as a deposition.
Wrong-site surgeries are a relatively rare and serious form of malpractice. This kind of malpractice lawyer is usually triggered by a physician’s failure to follow the surgical advice records or the patient’s medical records. In this situation it is simple to prove the negligence. However, determining which surgeon should be held liable isn’t always easy.
Wrong Drugs
Drug errors can cause injuries or worsening health issues in more than half a million Americans each year. Doctors must exercise extreme care when prescribing medications to ensure that they are safe and suitable for the patient. If the doctor deviates from the medical standard of care and you suffer severe injury as consequence, it could be a case of malpractice.
Sometimes, the error does not occur in the doctor’s offices however, but instead at the hospital. A nurse may misread an order for medication and prescribe the incorrect dosage or medication. A pharmacy might also commit an error by filling the incorrect prescription or filling the medication with harmful ingredients.
Our firm handles the most common medical malpractice cases. We receive calls from clients whose doctors prescribed them the incorrect medication, causing them to suffer severe injuries, or even death. Our attorneys will determine where the error occurred in the chain of command and who’s accountable for your injuries. We’ll then help assign a value to your damages, which will include any medical expenses or lost wages as well as suffering and pain that results from the injuries you suffered due to the medication error. The more severe your injuries, the more the damages. You deserve adequate compensation. We can assist you to get the settlement you need.
Emergency Room Errors
Emergency rooms are high-stress, high-pressure environments that could be dangerous for patients. Doctors are usually under pressure to take on as many patients as they can and are required to run tests quickly and communicate with one another and read or write reports while providing top-quality treatment to every patient. This pressure could lead to errors with catastrophic consequences.
ER errors include everything from mistakes in diagnosis to premature discharge. Most ER errors result from the absence of a medical history, a incorrect interpretation of test results or diagnosis, and a failure to consult specialists. ER staff may also make mistakes in communicating with each other and with patients, such as not communicating allergies, adverse health conditions, or giving incorrect instructions.
In order to be able for a lawsuit based on malpractice the plaintiff first needs to prove that the medical professional did not follow standard of care. The standard of care is the standard of care that an honest medical professional with the same education and experience would have offered in similar circumstances. The plaintiff must establish that negligence was the cause for their injury and damages. A successful plaintiff can recover compensation for past or future medical bills along with pain and suffering, lost wages and earning potential and funeral costs, in the event that they are applicable.