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Malpractice Litigation

Malpractice litigation can be a long and complex process. It requires the patient, or a legally appointed representative, to show that the doctor was bound by a duty of care, and that the doctor violated the duty and the injury resulted.

Many proposals were put forward to alter the rules governing medical malpractice claims. The trial and jury system was replaced with an alternative that would lower costs and speed up settlements. It would also reduce juries with excessively generous verdicts and eliminate frivolous claims.

Incorrect diagnosis

Misdiagnosis is among the most common types of medical negligence. It occurs in a multitude of instances every year, with devastating consequences, such as unnecessary surgeries, long hospital stays, or aggressive treatment. In some instances, a misdiagnosis may even cause death.

To prove that there was a malpractice attorneys, the doctor must have violated his obligation to the patient by not diagnosing an illness or injury correctly. In most cases, proving the doctor's failure to live up to the standard of care requires an expert opinion, such as from an expert in medicine with extensive knowledge about the type of illness involved in the case. The expert must also demonstrate that the doctor did not add the illness to their list of differential diagnoses by asking more questions, or making further observations or requesting additional tests as part of the diagnosis process.

A plaintiff must also demonstrate that the injuries caused by the incorrect diagnosis were a direct result of the breach of duty. This typically involves proving actual damages like past or future medical expenses, loss of income in the form of pain and discomfort, reduced life span, and other expenses. Finally, the victim must bring the lawsuit within the time limit of the statute of limitations which is usually two or three years after the date of the injury.

The wrong procedure

It can be shocking to learn, but surgeons make the wrong decision on patients around 20 times per week. These surgical mistakes often leave patients with unexpected medical expenses as well as suffering and pain. An experienced medical malpractice lawyer can help you obtain the compensation you need for your losses.

A successful malpractice lawsuit requires a strong claim that the doctor is negligent. A claim of negligence that stems from a surgical error needs to demonstrate that the defendant's course of action was different from the standards of care that would be offered by similarly trained physicians in similar circumstances. This can be accomplished through expert testimony and an extensive examination of medical records.

During the discovery process, your attorney and the defense team will share relevant documents to use in your case. These documents can include medical and surgical documents, lab reports, and documents of your injuries. Your lawyer will also interview witnesses to gather information for your case. In the course of the interview with the witness, the attorney opposing you will be able to ask you questions under an oath. This is referred to as a deposition.

The wrong-site procedure is a very rare, but serious type of malpractice. This type of malpractice usually results from an error made by the doctor who fails to follow the surgical recommendation or a patient's medical history. In this scenario, it can be easy to demonstrate that negligence was the cause. However, determining which surgeon should be held responsible is not always easy.

Wrong Drugs

Every year, over one million Americans are injured or have their health issues worsened because of drug errors. Doctors must use extreme care when prescribing medications, to ensure they are appropriate and safe for the patient. If you suffer serious injuries due to the doctor's deviations from the standard medical care it could be a case of negligent.

Sometimes the error does not happen in the doctor's office however, but instead at the hospital. For example a nurse may miss-read a prescription and prescribe the wrong medication or dosage. A pharmacy may also make an error in filling the incorrect prescription or filling the medication that contains harmful ingredients.

Our firm deals with the most frequent medical malpractice claims. We receive calls from clients whose doctors prescribed them the wrong medication, which caused them to suffer severe injuries and even death. Our attorneys will identify the place where the error occurred in the chain of command and who's accountable for your injuries. We will help you determine the value of your damages. This includes medical expenses, lost wages and discomfort and pain that result from injuries you sustained due to the medication mistake. The greater the severity of 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 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 among themselves, and read and write reports, all while providing quality patient care. This can result in mistakes that have catastrophic consequences.

ER errors can range from misdiagnosis to premature discharge of the patient. The most frequent causes of ER mistakes are an insufficient medical history, misinterpretation of test results and a failure to consult specialists. ER staff could be unable to communicate between themselves and patients, for example, not communicating a patient's health issues, allergies or other medical conditions or giving incorrect instructions.

In order to have grounds for a malpractice lawsuit, the plaintiff must first demonstrate that the medical professional violated the standard of care. The standard of care is the amount of care that a reasonable medical professional with the same education and experience would have provided in similar circumstances. The plaintiff is then required to show that this negligence caused their injury and resulting damages. A successful plaintiff can seek compensation for past and future medical bills as well as physical pain and suffering as well as loss of wages and earning capacity and funeral expenses where applicable.