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Malpractice Litigation

Malpractice litigation can be a lengthy and complex process. It requires the patient or a legally designated representative, to show that the doctor was bound by a duty of care, and that the physician did not fulfill that duty and the injury resulted.

A variety of ideas have been proposed to modify the rules of law governing malpractice claims and replace the trial and jury system with a new system that would reduce costs, expedite settlements, eliminate excessively generous juries and screen out unnecessary medical claims.

Misdiagnosis

Medical malpractice is usually caused by mistakes in diagnosis. It happens millions of times every year, and can have devastating consequences, including unnecessary surgery, lengthy hospital stays, or ad hoc treatment. An incorrect diagnosis could lead to death, as in some cases that involve serious injuries or illness.

To prove malpractice to prove malpractice, it must be proved that the doctor owed an obligation to the patient and breached that duty by failing to diagnose the injury or illness correctly. In most instances, proving that the doctor's failure to live up to the standard of care requires a specialized opinion, such as an expert medical professional who has a vast knowledge of the specific illness that is at issue in the instance. The expert must also demonstrate that the doctor didn't add the disease to their list of differential diagnoses by asking additional questions, making more observations, or ordering further tests to aid in the diagnosis procedure.

A plaintiff must also show that the injuries resulting from the misdiagnosis resulted directly from the breach of duty. This typically involves proving actual damages, like past and future medical expenses as well as lost income, pain and suffering, shortened life expectancy and other losses. Additionally, the plaintiff must bring the lawsuit within the time frame of the statute of limitations which typically is two or three years from the date of the injury.

The wrong procedure

It might be shocking to learn that surgeons perform the incorrect procedure on a patient about 20 times a week. These surgical errors typically result in patients suffering unanticipated medical costs and suffering and pain. A medical malpractice lawyer can assist you in obtaining the compensation you're entitled to for your losses.

A successful malpractice suit demands a convincing argument that the doctor was negligent. A claim of negligence based on a surgical error needs to demonstrate that the defendant's actions was not in accordance with the standard of care that is expected to be provided by similarly skilled doctors in similar situations. This can be accomplished through expert testimony and an extensive examination of medical records.

During the discovery phase during the discovery phase, your attorney will share files with the defense team in order to be used in your case. The documents could include medical and surgical records, lab reports, and evidence of your injury. Your lawyer will also interview witnesses to gather evidence to support your case. During the interview with the witness, the attorney opposing you will ask you questions under the oath. This is referred to as a deposition.

The wrong-site procedure is a very rare, but serious type of malpractice. This type of malpractice usually is caused by a physician who fails to follow the recommendations of a surgeon or the medical history of a patient. In this case it's possible to establish that negligence occurred. It's not always straightforward to decide the surgeon who should be held accountable.

Wrong Drugs

Drug errors can cause injury or worsen health conditions in more than a half a million Americans each year. Doctors must exercise extreme care when prescribing drugs to ensure that they are appropriate and safe for the patient. If you suffer serious injury because of a doctor's deviation from the norm of medical care there could be negligent.

Sometimes errors don't occur in the doctor's offices but in the hospital. For instance a nurse may miss-read a prescription and prescribe the wrong medication or dosage. A pharmacy can also be negligent by filling the incorrect medication or a medicine with harmful ingredients.

Our firm specializes in the most common medical malpractice cases. We receive calls from clients who have been given the wrong medication by their doctor, resulting in severe injuries or even death. Our lawyers will determine who is responsible for the injury and where the error occurred within the chain of command. We will help you determine the value of your losses. This includes medical expenses, lost wages and discomfort and malpractice lawsuit pain resulting from injuries you suffered due to the medication mistake. The more serious your injuries, then the greater your damages. You deserve adequate compensation. We can help you receive the compensation you deserve.

Emergency Room Errors

Emergency rooms can be high-stress and high-pressure environments. This could be hazardous for patients. Doctors are pressured to treat as many patients as they can. They also have to conduct tests quickly, communicate among themselves and write and read reports, all while providing quality patient care. These busy environments can lead to mistakes with catastrophic consequences.

ER errors include everything from mistaken diagnosis of a patient, to premature discharge. The most frequent causes of ER errors include an inadequate medical history and misinterpretation of test results and the inability to consult specialists. ER staff may also make mistakes in communicating with each other and with patients, such as failing to communicate a patient's allergies, malpractice lawsuit health problems or adverse reactions or giving incorrect advice.

In order to be able to bring a case for a malpractice lawsuit, the plaintiff has to first prove that the medical professional acted in violation of 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 have given in similar circumstances. The plaintiff has to prove that their negligence caused them injury and damages. A successful plaintiff can seek compensation for past and future medical bills as well as physical suffering and pain as well as loss of wages and earning capacity, funeral expenses and funeral costs when appropriate.