new haven malpractice law firm Litigation

The process of bringing a lawsuit for malpractice is usually a long and complex process. It requires the patient, or a legally-appointed representative, to show that the physician had a duty to care, that the doctor violated that duty, and that injuries resulted.

Various proposals were made to change the legal rules that govern medical malpractice claims. The trial and jury system was replaced with an alternative that could cut costs, speed up settlements, reduce juries with excessively generous verdicts and weed out frivolous claims.

Undiagnosed

Misdiagnosis is one of the most prevalent forms of medical negligence. It happens millions of times each year and can lead to devastating consequences, like a need for unnecessary surgery, long hospital stays, and unnecessary treatment. In some cases the wrong diagnosis can result in death.

To prove that there was a malpractice, the doctor must have breached his obligation to the patient by not diagnosing an injury or illness correctly. Most of the time, the failure of the physician to provide the required medical care is established by an expert's opinion. This can be an expert medical professional who has vast knowledge of the kind of disease in question. The expert must also prove that the doctor did not add the condition to their differential diagnosis list by asking further questions, conducting more examinations, or ordering further tests in the diagnosis procedure.

A plaintiff must also show that the injuries caused by the misdiagnosis resulted directly from the breach of duty. This usually involves establishing damages that are actual, such as future and past medical expenses and lost income, as well as suffering and pain, shortened life expectancy and other losses. The victim must also file the suit within the time limit of the statute of limitations, which are usually two or three years after the injury occurred.

Wrong Procedure

It may be shocking to learn that surgeons perform the incorrect procedure on a patient around 20 times a week. These surgical errors typically leave patients with unexpected medical expenses as well as pain and suffering. A skilled medical malpractice lawyer could assist you in obtaining the compensation you're entitled to for your losses.

A successful malpractice case requires a strong claim of negligence on the part of the doctor in question. A claim of negligence due to a surgical error must show that the defendant's actions was not in accordance with the standards of care that would be offered by similarly trained doctors in similar situations. This can be done through expert testimony as well as a thorough review of medical records.

During the discovery process, your attorney and the defense team will exchange pertinent documents for use in your case. These documents could include medical and surgical reports, lab reports and documents of your injuries. Your lawyer will also speak with witnesses to gather information to support your case. During the interview with a witness you will be asked questions under oath from the opposing counsel. This is known as a deposition.

The wrong-site procedure is a very rare, but serious type of Eureka Malpractice law firm. This kind of malpractice typically is the result of a doctor who fails to follow surgical recommendation records or a patient's medical history. In this case, it can be easy to prove that negligence occurred. However, determining which surgeon should be held accountable is not always easy.

Wrong Drugs

Drug-related errors can cause harm or worsening of health conditions in over a half a million Americans every year. Doctors should exercise extreme care when prescribing drugs to ensure they are safe and appropriate for the patient. If a doctor's prescription is not in accordance with the medical standard of treatment and you suffer an injury as the result, it could be malpractice.

Sometimes an error isn't made in the doctor's offices but rather in the hospital. A nurse might misunderstand a prescribed medication and administer the incorrect dosage or medication. A pharmacy may also be negligent by filling the incorrect medication or one with harmful ingredients.

Our firm deals with the most frequent medical malpractice cases. Our firm gets calls from clients who have been prescribed the wrong medication by their medical professionals that resulted in severe injuries or even death. Our attorneys will determine the source of the error within the chain of command and who's responsible for your injuries. We'll then help assign a value to your damages. This would include any medical expenses along with lost wages, pain and suffering resulting from the injuries you sustained because of the error in your medication. The more severe your injuries, the more the damages. You deserve adequate compensation. We can assist you in getting the settlement you deserve.

Emergency Room Errors

Emergency rooms are high-stress, high-pressure settings that pose a risk to patients. Doctors are often under a lot of pressure to see as many patients as possible and run tests as quickly as they can and be in constant communication with each other, and read or write reports while also providing high-quality medical attention to every patient. Unfortunately, these busy environments cause mistakes that could cause catastrophic harm.

ER errors include everything from mistaken diagnosis of a patient, to premature discharge. The most common causes of ER mistakes are an insufficient medical history, misinterpretation of test results and a failure to consult specialists. ER staff may also make mistakes when communicating with one another or with patients, for example, not communicating the patient's allergies or other health conditions, or not giving the correct instructions to nurses.

In order to be able for a malpractice lawsuit, the plaintiff first has to establish that the medical professional did not follow standard care. The standard of care is the level of care that a reasonable medical professional with the same training and experience would provide in similar circumstances. The plaintiff is then required to show that their negligence caused them injury and damages. A successful plaintiff can recover damages for past and future medical bills, physical suffering loss of earnings, earning capacity and funeral expenses in the event that they are applicable.