Malpractice Litigation

Malpractice litigation can be a lengthy, complicated process. It is the responsibility of the patient or a legally appointed representative to show that the doctor did not fulfill the duty of care that was owed to them and that an injury resulted.

Many proposals were put forward to alter the guidelines governing medical malpractice. The trial and jury system was replaced with an alternative that could cut costs, speed up settlements, reduce juries with excessively generous verdicts and also screen out fraudulent claims.

Misdiagnosis

Medical brooklyn malpractice law firm is usually caused by incorrect diagnosis. It happens millions of times each year and can have devastating consequences, including the need for unnecessary surgery lengthy hospital stays or unnecessarily invasive treatment. In some cases a mistake in diagnosis can result in death.

In order to prove little ferry malpractice lawyer, a doctor must have breached his duty to the patient by not diagnosing an injury or illness accurately. In the majority of cases, failure of the physician to perform the required care is proven through an expert opinion. This can be a medical professional with vast knowledge of the kind of illness being examined. 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 additional tests as part of the diagnosing process.

A plaintiff also needs to prove that the injuries resulting from the mistake were a direct result of the breach of duty. This usually means proving real damages such as past or future medical expenses, income loss in the form of pain and discomfort, reduced life span and other damages. The plaintiff must also file a lawsuit within the time limit of the statute of limitations, which are usually two or three years after the injury occurred.

The wrong procedure

It can be shocking to learn, but surgeons perform the wrong procedure on patients around 20 times a week. These surgical mistakes often result in patients suffering unanticipated medical bills and pain and suffering. A medical malpractice lawyer can assist you in obtaining the compensation you're due for your losses.

A successful malpractice case requires a strong argument that the doctor was negligent. A claim of malpractice stemming from a surgical error must show that the defendant's actions were different from the standard of care that would have been offered by doctors with similar training in similar circumstances. This can be accomplished through expert testimony and a thorough review of medical records.

During the discovery process, your attorney and the defense team will exchange relevant documents to be used in your case. These documents may include medical and surgery records, lab reports, and documentation of your injury. Your lawyer will speak with witnesses to gather information regarding your case. During the witness interview you will be questioned under oath, by the opposing counsel. This is called a deposition.

Surgery performed on the wrong site is a rare, but serious type of malpractice. This type of malpractice is usually caused due to a doctor's failure follow the surgical advice records or the patient's medical records. In this situation it is simple to establish negligence. However, determining who should be held liable is not always easy.

Wrong Drugs

Every year, more than a million Americans are injured or have their health issues worsened by errors in prescription drugs. Doctors should exercise extreme caution when prescribing medication to ensure that they are safe and suitable for the patient. If a doctor's decision isn't in line with the medical standard of care and you suffer serious injury as a result, it may be considered malpractice.

Sometimes, the error does not occur at the doctor's office however, but instead at the hospital. A nurse might misunderstand the prescription for a medication and then administer the wrong dose or medication. The pharmacy could also make a mistake by filling the incorrect medication or using harmful ingredients.

Our firm deals with the most common medical malpractice claims. We get calls from clients who's doctors prescribed the wrong medication, leading them to suffer serious injuries and even death. Our lawyers will determine the source of the error within the chain of command and who is accountable for your injuries. We will then help you determine the value of your damages, which could include any medical expenses along with lost wages, suffering and pain that results from the injuries you sustained due to the medication error. The greater the severity of your injuries, then the greater your damages. You deserve adequate compensation. We can assist you to get the settlement you need.

Emergency Room Errors

Emergency rooms are high-stress, high pressure environments that can be dangerous for patients. Doctors are usually under pressure to attend to as many patients as they can and are required to run tests quickly and communicate with one another and read or write reports while also providing high-quality treatment to every patient. These busy environments can result in mistakes that have catastrophic consequences.

ER mistakes range from mistaken diagnosis of a patient, to premature discharge. The majority of ER errors are caused by a lack of medical history, a misinterpretation or test results or a failure to consult specialists. ER staff may make errors in communicating with each other or with patients, for example, not communicating a patient's allergies or adverse health conditions, or not giving the correct instructions to nurses.

To be able to file a lawsuit based on malpractice the plaintiff has to establish that the medical professional violated the standard care. The standard of care refers to the level of care that an honest medical professional with the same training and experience would have given in similar circumstances. The plaintiff must establish that the negligence was responsible for their injury and damages. A successful plaintiff may recover compensation for past and future medical bills as well as physical suffering loss of earnings, earning capacity, funeral expenses and funeral costs when appropriate.