Malpractice Litigation

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

Various proposals were made to alter the rules governing medical malpractice. The trial and jury system was replaced with an alternative that would lower costs, speed up settlements, eliminate juries that were too generous, and screen out frivolous claims.

The wrong diagnosis

Misdiagnosis is one of the most common types of medical negligence. It occurs in a multitude of instances every year, with devastating consequences, such as unnecessary surgery, prolonged hospitalizations, or invasive treatment. An incorrect diagnosis could cause death, as in some cases that involve serious illness or injury.

To prove that there was a malpractice, it must be demonstrated that the doctor owed an obligation to the patient and breached the duty by failing to diagnose the injury or illness properly. In the majority of cases, inability of a doctor to provide the required treatment is confirmed by an expert's opinion. This can be a medical professional who has extensive knowledge of the type of illness being examined. The expert must also demonstrate that the doctor did not add the illness to their differential diagnosis list by asking additional questions, conducting more examinations or requesting additional tests to aid in the diagnosis procedure.

A plaintiff also needs to prove that the injuries caused by the misdiagnosis were the direct result of the breach of duty. This typically means proving the actual damages such as past or future medical expenses, income loss in the form of pain and discomfort, shorter life spans and other damages. Additionally, the plaintiff must file the suit within the statute of limitation, which is typically two or three years after the date of the incident.

Incorrect Procedure

It's shocking to hear that surgeons perform the wrong procedure on a patient about 20 times per week. These mistakes can lead to unanticipated medical expenses and more discomfort for patients. A skilled medical malpractice lawyer can help you pursue the compensation you need for your losses.

A successful malpractice suit requires a strong claim that the doctor was negligent. A claim of malpractice based on a surgery error must show that the defendant's actions differed from the standard care that would have been offered by doctors who have similar training in similar circumstances. This can be demonstrated through expert testimony or a thorough analysis of medical records.

During the discovery process, your attorney and the defense team will share pertinent documents for use in your case. These files could include medical and surgical reports, lab reports, and evidence of your injury. Your lawyer will interview witnesses in order to gather information about your case. During the interview with the witness, the opposing attorney will inquire about your concerns under an oath. This is known as a deposition.

Wrong-site surgery is a rare but very serious form of malpractice. This type of malpractice usually involves an error by the doctor who fails to follow the recommendations of a surgeon or a patient's medical history. In such a situation, it is easy to establish the negligence. It's not always straightforward to determine which surgeon should be held accountable.

Wrong Drugs

Drug-related errors can cause harm or worsening of health conditions in more than a half a million Americans every year. Doctors must exercise extreme care when prescribing medicines to ensure that they are safe and suitable for the patient. If you suffer serious injury because of a doctor's deviation from the norm of medical treatment this could be considered negligence.

Sometimes errors don't occur at the physician's office but in the hospital. Nurses may misunderstand an order for medication and prescribe the incorrect dosage or medication. A pharmacy can also make a mistake by filling out the wrong prescription or a medicine with harmful ingredients.

Our firm handles the most frequent medical malpractice claims. We get calls from clients whose doctors prescribed them the wrong medication, leading them to suffer severe injuries or even death. Our attorneys will determine who is accountable for the injuries and determine where the error occurred in the chain of command. We will help you determine the value of your losses. This would include medical expenses, lost wages and discomfort and pain resulting from injuries you sustained due to the mistake in your medication. The more severe your injuries, the more you'll be liable. You deserve adequate compensation. We can help you get the settlement you deserve.

Emergency Room Errors

Emergency rooms are high-stress, high pressure environments that pose a risk to patients. Doctors are usually under a lot of pressure to see as many patients as possible and must run tests quickly and communicate with one another and write or read reports all while providing quality medical attention to each patient. However, these hectic environments can result in mistakes that could have catastrophic consequences.

ER errors range from misdiagnosis of a patient to premature discharge. Most ER errors are caused by the absence of a medical history, a incorrect interpretation of test results or diagnosis, and a failure to consult with specialists. ER staff can make errors in communicating with each other or with patients, such as not communicating the patient's allergies, or any other health conditions or giving incorrect instructions to nurses.

To be able to establish grounds for a malpractice lawsuit, the plaintiff must first establish that the medical professional violated the standard of care. The standard of care is defined as the degree of care that a reasonable medical professional would have provided in similar circumstances. The plaintiff must show that the negligence was responsible for their injury and damages. A successful plaintiff may recover damages for past and future medical bills, physical suffering, loss of wages and earning capacity as well as funeral expenses in the event that they are applicable.