Malpractice Litigation

Malpractice litigation is often a long and complicated procedure. It requires the patient or a legally authorized representative, to show that the doctor was obligated to them under a duty of care, that the physician breached that duty and that harm resulted.

There were a variety of proposals made to change the lawful rules governing medical malpractice lawsuits claims. The trial and jury system was replaced with an alternative that would lower costs and speed up settlements, eliminate juries that were too generous and also screen out frivolous claims.

The wrong diagnosis

Misdiagnosis is one of the most common types of medical malpractice. It occurs in a multitude of instances each year, with devastating consequences, including unnecessary surgery, prolonged hospital stays, or even aggressive treatment. In some instances the wrong diagnosis can cause death.

To establish malpractice, the doctor must have breached his obligation to the patient by failing to diagnose an illness or injury correctly. In most cases, the inability of a doctor to meet the standards of care is proven by an expert's opinion. This can be an expert medical professional who has extensive knowledge of the type of illness being examined. The expert must also show that the doctor did not add the illness to their differential diagnosis list by asking more questions, or making further observations, or ordering further tests to aid in the diagnosis procedure.

A plaintiff also needs to prove that the injuries resulting from the incorrect diagnosis resulted directly from the breach of duty. This usually involves establishing damages that are actual, such as past and future medical expenses, lost income, the suffering of others, a reduced life expectancy and other damages. The victim must also file a lawsuit within the time limit of the statute of limitations, which are usually two or three years after the harm occurred.

Wrong Procedure

It may be shocking to discover that surgeons perform the wrong procedure on a patient about 20 times per week. These surgical mistakes often leave patients with unexpected medical expenses as well as pain and suffering. An experienced medical malpractice lawyer can assist you in obtaining the reimbursement you're entitled to for your losses.

A successful malpractice case requires a convincing claim of negligence on the part of the doctor in the dispute. A claim of malpractice stemming from a surgical error must demonstrate that the defendant's actions diverged from the usual care that would have been provided by physicians with similar training in similar situations. This can be achieved through expert testimony and an extensive review of medical records.

During the discovery phase, your attorney will exchange files with the defense team in order to be used in your case. These documents could comprise medical and surgical reports, lab reports, and documentation of your injury. Your lawyer will also interview witnesses to gather information for your case. During the interview with a witness, the opposing attorney will question you under swearing. This is referred to as a deposition.

Wrong-site surgeries are a relatively rare and serious form of malpractice. This kind of malpractice typically is the result of a physician who fails to follow surgical recommendation records or a patient's medical history. In this situation it is simple to establish negligence. It's not always simple to determine which surgeon should be held responsible.

Wrong Drugs

Drug errors can cause injury or worsen health conditions in over a half a million Americans each year. Doctors must exercise extreme care when prescribing medications to ensure that they are safe and suitable for the patient. If a doctor's prescription is not in accordance with the medical standard of care and you suffer a severe injury as consequence, it could be considered to be malpractice.

Sometimes an error isn't made at the doctor's office but in the hospital. For instance, a nurse might not have a proper understanding of a prescription and give the wrong dosage or medication. A pharmacy might also commit mistakes by filling wrong medication or a medication that contains harmful ingredients.

Medication errors are the most prevalent type of medical malpractice claim that our firm deals with. We receive calls from clients who's doctors prescribed them the incorrect medication, causing them to suffer serious injuries or even death. Our lawyers will determine the source of the error in the chain of command and determine who is responsible for your injuries. We will help you assign a value to your damages, which will include any medical costs or lost wages as well as suffering and pain that results from the injuries you sustained because of the error in your medication. The more serious your injuries, the more damages you will incur. You deserve adequate compensation. We can help you get the settlement you deserve.

Emergency Room Errors

Emergency rooms are high-stress and high-pressure environments that could be dangerous for patients. Doctors are under pressure to care for as many patients as they can. They also have to conduct tests quickly, interact with themselves and write and read reports while providing top-quality patient care. However, these hectic environments can lead to mistakes that can result in devastating 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 also make mistakes when communicating with one another or with the patient like not letting the patient's allergies or other health conditions, or not giving the correct instructions to nurses.

In order to have grounds for a malpractice lawsuit, 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 provide under similar circumstances. The plaintiff has to prove that their negligence caused them injury and resulting damages. A successful plaintiff can seek compensation for past or future medical bills along with pain and suffering, lost earnings and earning potential and funeral expenses, if applicable.