Malpractice Litigation

Malpractice litigation can be a lengthy complex process. It requires the patient, or a legally-appointed representative, malpractice litigation to show that the physician was obligated to them under a duty of care, and that the physician did not fulfill that duty and injuries resulted.

A variety of ideas have been proposed to alter the legal rules that govern malpractice compensation claims. These proposals would replace the trial and jury system with an alternative that would reduce costs, expedite settlements, eliminate excessively generous juries and filter out unnecessary medical claims.

The wrong diagnosis

Medical malpractice is often caused by mistakes in diagnosis. It happens millions of times every year, with devastating consequences, including unneeded surgeries, long hospital stays, or ad hoc treatment. A misdiagnosis can even result in death in some cases involving serious injuries or illness.

To prove malpractice it must be proven that the doctor was bound by a duty to the patient and breached that obligation by failing to identify the illness or injury properly. In most cases, the failure of the physician to meet the standard of treatment is confirmed by an expert's opinion. This can be an expert medical professional who has extensive knowledge of the type of disease in question. The expert must also prove that the physician failed to properly add the condition to the list of differential diagnosis using methods such as asking more questions, making additional observations or requesting additional tests as part of the diagnostic process.

A plaintiff also has to prove that the injuries resulting from the misdiagnosis result of the breach of duty. This usually involves proving actual damages such as past or future medical expenses, loss of income or lost due to pain and discomfort shorter life spans and other damages. Additionally, the plaintiff must bring the lawsuit within the time frame of the statute of limitations which is typically two or three years from the date of the harm.

Wrong Procedure

It may be shocking to learn that surgeons execute the wrong procedure on a patient around 20 times per week. These surgical errors often cause patients to be faced with unanticipated medical costs and suffering and Malpractice litigation pain. A medical malpractice lawyer can help you get the compensation you're entitled to for your losses.

A successful malpractice suit requires a strong argument that the doctor is negligent. A malpractice claim stemming from a surgical error must demonstrate that the defendant's actions differed from the standard of care that would have been offered by physicians with similar training in similar circumstances. This can be demonstrated through expert testimony and a thorough review of medical documents.

During the discovery phase where your attorney will exchange files with the defense team to be used in your case. These files could include medical and surgery records, lab reports, as well as documentation of your injury. Your lawyer will question witnesses to gather information about your case. In the course of the interview with the witness, the opposing attorney will ask you questions under an oath. This is referred to as a deposition.

Surgery performed on the wrong site is a rare but very serious type of malpractice. This kind of negligence is usually caused by a physician's failure to follow the surgical recommendation records or the medical record of the patient. In this case it is possible to prove that negligence occurred. However, determining which surgeon should be held responsible is not always simple.

Wrong Drugs

Every year, over one million Americans are injured or have their health conditions worsened due to drug-related errors. Doctors should exercise extreme care when prescribing medicines, to ensure they are safe and appropriate for the patient. If the doctor's actions are not in line with the medical standard of care and you suffer serious injury as the result, it could be considered malpractice.

Sometimes, the error doesn't happen in the doctor's office, but rather in the hospital. A nurse might misunderstand a prescribed medication and administer the wrong dose or medication. A pharmacy may also make an error by filling the incorrect prescription or filling the medication that contains harmful ingredients.

Our firm specializes in the most common medical malpractice attorneys claims. We receive calls from patients who's doctors prescribed them the incorrect medication, causing them to suffer severe injuries, or even death. Our lawyers will identify the place where the error occurred within the chain of command and who's responsible for your injuries. We will then assist you to assign a value to your damages. This would include any medical expenses or lost wages as well as suffering and pain resulting from the injuries you sustained as a result of the medication error. The more severe your injuries, the greater the damages. You deserve adequate compensation. We can help you get the settlement you deserve.

Emergency Room Errors

Emergency rooms are high-stress, high-pressure environments that can be dangerous for patients. Doctors are usually under pressure to see as many patients as possible and are required to run tests quickly and be in constant communication with each other and read or write reports while delivering high-quality care to every patient. This can lead to errors that can have devastating consequences.

ER errors can range from misdiagnosis to premature discharge of patients. The most frequent causes of ER errors are a lack of medical history as well as misinterpretation of results from tests and the inability to consult specialists. ER staff can also make mistakes when communicating with each other and with patients, for example, not communicating a patient's health issues, allergies or other medical conditions, or giving incorrect instructions.

To be able to establish grounds for a malpractice claim, the plaintiff must first prove that the medical professional breached the standard of care. The standard of care is defined as the level of care that a reasonable medical professional would have provided in similar circumstances. The plaintiff must demonstrate that the negligence was responsible for their injuries and damages. A successful plaintiff can seek compensation for past and future medical bills as well as physical suffering and pain in addition to loss of wages, earning capacity as well as funeral expenses where applicable.