Malpractice Litigation
Malpractice litigation can be a long complicated procedure. It requires the patient, or a legally-appointed representative, to show that the doctor had a duty to care, that the doctor violated the duty and the injury resulted.
Many proposals have been put forward to change legal rules governing malpractice attorneys claims. The idea is to replace the trial and jury system by a different system that will reduce costs, expedite settlements, reduce excessively generous juries, and eliminate unsubstantial medical claims.
Misdiagnosis
Medical malpractice is usually caused by mistaken diagnosis. It occurs millions of times each year and can lead to devastating consequences, including the need for unnecessary surgery or long hospital stays and excessively aggressive treatment. A misdiagnosis can even result in death, there are instances of serious injury or illness.
To prove that there was a malpractice, the doctor must have breached his duty to the patient by failing to diagnose an injury or illness in a timely manner. In the majority of cases, failure of the doctor to provide the required treatment is confirmed by an expert opinion. This can be an expert medical professional who has extensive knowledge of the type of illness in question. The expert must also prove that the physician did not properly include the disease in his or her list of differential diagnosis using methods such as asking more questions, making further observations or ordering additional tests as part of the diagnostic procedure.
A plaintiff must also prove that the injuries resulting from an incorrect diagnosis result of the breach of duty. This usually means establishing actual damages, such as future and past medical expenses loss of income, suffering and suffering, a shorter life expectancy, and other damages. The victim must bring the lawsuit within the time limit of the statute of limitations, which is typically two or three years from the date of the incident.
Wrong Procedure
It may be shocking to discover that surgeons perform the wrong procedure on a patient about 20 times a week. These mistakes can result in unanticipated medical costs as well as additional discomfort for patients. A skilled medical malpractice lawyer can help you obtain the compensation you require for your losses.
A successful malpractice case requires a strong case that proves the doctor is negligent. A claim of negligence that stems from a surgical error needs to demonstrate that the defendant’s course actions was not in accordance with the standards of care that would be offered by similarly trained physicians in similar circumstances. This can be accomplished by expert testimony and an extensive examination of medical documents.
During the discovery phase in the discovery phase, your lawyer will exchange documents with the defense team so that they can be used in your case. These documents may include medical and surgical records, lab reports, and documentation of your injuries. Your lawyer will also speak with witnesses to gather evidence for your case. In the witness interview, you will be questioned under oath, by the opposing counsel. This is known as a deposition.
Wrong-site surgeries are a rare, but serious form malpractice. This type of error is usually caused due to a doctor’s failure follow the surgical guidelines or the patient’s medical record. In this case it’s easy to prove that negligence occurred. It’s not always simple to determine who is accountable.
Wrong Drugs
Drug-related errors can cause injuries or worsening health conditions in more than half a million Americans each year. Doctors must exercise extreme caution when prescribing medications, to ensure they are appropriate and safe for the patient. If you suffer a serious injury due to the doctor’s deviation from the norm of medical practice there could be malpractice.
Sometimes, the error does not happen in the doctor’s office and instead occurs at the hospital. For example a nurse may miss-read a prescription and prescribe the wrong medication or dosage. A pharmacy may also be negligent by filling the incorrect medication or a medicine with harmful ingredients.
Medication errors are the most prevalent type of medical malpractice claim that our firm handles. Our firm receives calls from clients who have been prescribed the wrong medication by their doctor that resulted in severe injuries or even death. Our attorneys will determine who is responsible for the injury and where the error occurred within the chain of command. We’ll then help determine the value of your damages, which could include any medical expenses as well as lost wages and pain and suffering resulting from the injuries you sustained because of the medication error. The more serious your injuries, the more you’ll be liable. You deserve adequate compensation. We can assist you in obtaining the settlement you deserve.
Emergency Room Errors
Emergency rooms are high-stress, high pressure environments that can be dangerous for patients. Doctors are pressured to treat as many patients as they can. They also must conduct tests quickly, communicate among themselves and write and read reports while providing top-quality patient care. Unfortunately, these busy environments result in mistakes that could cause catastrophic harm.
ER errors can include anything from misdiagnosis and premature discharge of the patient. 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 may also make mistakes in communicating with one another and with patients, such as failing to communicate a patient’s allergies, health problems or adverse reactions or giving incorrect advice.
To be able to bring a malpractice lawsuit, the plaintiff first has to establish that the medical professional acted in violation of standard care. The standard of care is the amount of care that an honest medical professional with the same training and experience would have provided in similar circumstances. The plaintiff must show that negligence was the cause for their injury and damages. A successful plaintiff may be able to obtain compensation for future or past medical bills as well as pain and suffering, earnings potential and lost wages and funeral expenses, when applicable.
