Malpractice Litigation
The process of bringing a lawsuit for malpractice is usually an extended and complex process. It requires the patient or a legally designated representative, to prove that the doctor was bound by a duty of care, and that the doctor breached that duty and that the injury resulted.
Many proposals have been put forward to change the legal rules governing malpractice claims. The idea is to replace the jury and trial system with an alternative that would reduce costs, expedite settlements, end overly generous juries, and eliminate fraudulent medical claims.
Incorrect diagnosis
Misdiagnosis is one of the most prevalent forms of medical negligence. It occurs millions of times each year, with devastating consequences, including unnecessary surgeries, Malpractice Lawsuit long hospital stays, or even aggressive treatment. In some cases a mistake in diagnosis can result in death.
In order to prove malpractice, a doctor must have breached his obligation to the patient by not diagnosing an injury or illness correctly. In most instances, proving the doctor’s inability to adhere to the standard of care requires a specialized opinion, Malpractice Lawsuit such as from an expert in medical practice with extensive knowledge about the type of illness involved in the instance. The expert must also prove that the doctor did not add the condition to their differential diagnosis list by asking additional questions, or making further observations or requesting further tests to aid in the diagnosis procedure.
A plaintiff also has to prove that the injuries caused by an error in diagnosis are a direct result of the breach of duty. This usually involves proving actual damages like past or future medical expenses, lost income in the form of pain and discomfort, diminished life span and other damages. The plaintiff must also file the lawsuit within the limitations period that are typically two or three years after the harm occurred.
Unskillful Procedure
It may be shocking to learn that surgeons execute the wrong procedure on a patient about 20 times a week. These surgical errors often leave patients with unanticipated medical costs and pain and suffering. An experienced medical malpractice lawyer can help you pursue the compensation you deserve for your losses.
A successful malpractice lawsuit requires a strong case that proves the doctor was negligent. A malpractice claim that is based on a surgical error must show that the defendant’s actions differed from the standard care that would have been provided by a physician with the same training in similar situations. This can be achieved through expert testimony and a thorough examination of medical documents.
During the discovery process, your attorney and the defense team will share relevant documents to be used in your case. These documents can include medical and surgical records, lab reports, and the documentation of your injuries. The lawyer will interview witnesses in order to collect information about your case. In the course of the interview with the witness, the opposing attorney will inquire about your concerns under swearing. This is referred to as a deposition.
Surgery performed on the wrong site is a rare, but serious form malpractice. This kind of malpractice typically is caused by a doctor who fails to follow surgical recommendation records or a patient’s medical history. In this instance it’s possible to demonstrate that negligence was the cause. It’s not always simple to decide which surgeon is accountable.
Wrong Drugs
Drug-related errors can cause injuries or worsening health conditions in more than a half a million Americans each year. Doctors must exercise extreme caution when prescribing drugs, to ensure that they are safe and appropriate for the patient. If you suffer serious injuries due to the doctor’s deviation from the standard medical treatment, it could be negligent.
Sometimes the error does not happen in the doctor’s office or in the hospital. For instance the nurse could mistakenly interpret a prescription, and then administer the wrong medication or dosage. A pharmacy might also commit mistakes by filling incorrect medication or a drug with harmful ingredients.
Medication errors are the most popular type of medical malpractice claim that our firm takes care of. We get calls from clients who’s doctor prescribed them the wrong medication, leading them to suffer severe injuries, and even death. Our attorneys will determine who is responsible for the accident and where the error occurred in the chain of commands. We will help you assign a value to your damages, which will include any medical costs, lost wages, and suffering and pain resulting from the injuries you sustained as a result of the medication error. The more severe your injuries, the greater your damages. You deserve adequate compensation. We can help you receive the compensation you deserve.
Emergency Room Errors
Emergency rooms are high-stress and high-pressure environments that could be dangerous for patients. Doctors are pressured to treat as many patients as they can. They also have to conduct tests quickly, communicate between themselves, and read and write reports, all while providing quality patient care. These busy environments could lead to errors with disastrous consequences.
ER errors range from mistakes in diagnosis to premature discharge. The most frequent causes of ER errors include an inadequate medical history, misinterpretation of test results and the inability to consult specialists. ER staff can make errors when communicating with each other and patients, for example, not communicating a patient’s allergies, health problems or adverse reactions, or giving incorrect instructions.
To be able to establish 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 the level of care that a reasonable medical professional with the same education and experience would have given in similar circumstances. The plaintiff must prove that their negligence caused them injury and the resulting damages. A successful plaintiff can recover compensation for past or future medical bills as well as pain and suffering, loss of earnings and wages and funeral expenses, if applicable.
