Malpractice Litigation
The process of bringing a lawsuit for malpractice lawsuits is usually an extended and complex process. It requires the patient or a legally-appointed representative, to show that the doctor owed them a duty of care, that the physician did not fulfill that duty and injury resulted.
There were a variety of proposals made to alter the legal rules governing medical malpractice claims. The trial and jury system was replaced by an alternative which would reduce costs, speed up settlements, reduce juries with excessively generous verdicts, and screen out fraudulent claims.
Incorrect diagnosis
Misdiagnosis is among the most prevalent forms of medical negligence. It happens a lot every year, and can result in devastating effects, including a need for unnecessary surgery lengthy hospital stays and unnecessarily aggressive treatment. A misdiagnosis can even cause death, as there are instances of serious injury or illness.
To prove that there was a malpractice, the doctor must have breached his obligation to the patient by failing to diagnose an illness or injury correctly. In the majority of cases, inability of the doctor to provide the required treatment is confirmed by an expert's assessment. This can be an expert medical professional who has vast knowledge of the kind of illness being examined. The expert must also prove that the physician failed to properly include the disease in the list of differential diagnoses using methods like asking further questions, making further observations or ordering additional tests to aid in the diagnostic procedure.
A plaintiff also has to prove that the injuries caused by the misdiagnosis result of the breach of duty. This usually involves proving actual damages such as past or future medical expenses, loss of income, pain and discomfort, reduced life span, and other losses. Additionally, the plaintiff must file the suit within the statute of limitation which typically is two or three years after the date of the injury.
Wrong Procedure
It may shock you to learn that surgeons execute the incorrect procedure on a patient around 20 times per week. These mistakes in surgery often result in patients suffering unanticipated medical expenses and additional suffering and pain. A medical malpractice lawyer can help you receive the compensation you are entitled to for your losses.
A successful malpractice case requires a strong argument that the doctor was negligent. A claim of negligence due to a surgical error needs to demonstrate that the defendant's course actions was not in accordance with the standard of care that is expected to be offered by similarly trained doctors in similar circumstances. This can be accomplished by expert testimony and an extensive review of medical records.
During the discovery process your attorney and defense team will share relevant files for use in your case. These documents could include medical and surgical records, lab reports, and evidence of your injury. Your lawyer may also interview witnesses to gather evidence for your case. During the interview with a witness, the attorney opposing you will ask you questions under oath. This is referred to as a deposition.
The wrong-site surgery is a very rare yet serious form of malpractice. This kind of malpractice law firm typically involves an error by a physician who fails to follow surgical recommendation records or a patient's medical history. In this case, it is easy to demonstrate negligence. However, determining which surgeon should be held accountable is not always straightforward.
Wrong Drugs
Drug errors can lead to injuries or worsening health conditions in more than a half a million Americans each year. Doctors must use extreme care when prescribing drugs, to ensure they are appropriate and safe for the patient. If a doctor's prescription is not in accordance with the medical standard of treatment and you suffer an injury as a result, it may be a case of malpractice.
Sometimes the error doesn't occur in the doctor's office, but in the hospital. For example, a nurse might miss-read a prescription and prescribe the wrong medication or dosage. A pharmacy may also make an error Firm by filling in the wrong prescription or filling a medicine with harmful ingredients.
Medication errors are the most common kind of medical malpractice claim that our firm handles. Our firm receives calls from clients who have been prescribed the wrong medicine by their medical professionals that resulted in severe injuries or even death. Our lawyers will determine where the error occurred within the chain of command, and who is accountable for your injuries. We will help you determine the value of your damages. This would include medical expenses along with lost wages, the pain and suffering that resulted from the injuries you sustained because of the error in your medication. The more serious your injuries, the greater your damages. You deserve adequate compensation. We can assist you in obtaining the settlement you need.
Emergency Room Errors
Emergency rooms are high-stress, high pressure environments that pose a risk to patients. Doctors are usually under pressure to treat as many patients as possible and must run tests quickly and be in constant communication with each other, and read or write reports while delivering high-quality medical attention to each patient. However, these hectic environments can create mistakes that could have catastrophic consequences.
ER errors can include anything from misdiagnosis to premature discharging of patients. Most ER errors are caused by a lack of medical history, incorrect interpretation of test results or diagnosis or failure to consult specialists. ER staff could be unable to communicate with each other and with patients, for example, failing to inform patients of allergies, health problems or adverse reactions or giving incorrect directions.
In order to be able to bring a case for a malpractice lawsuit, the plaintiff must first prove that the medical professional breached the standard of care. The standard of care refers to the level of care that a reasonable medical professional with the same education and experience would provide in similar circumstances. The plaintiff is then required to show that this negligence caused their injury and subsequent damages. A successful plaintiff can seek compensation for future or past medical bills, pain and suffering, loss of earnings and wages as well as funeral expenses when applicable.