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Malpractice Litigation

Malpractice litigation can be an extended and complex procedure. It is the responsibility of the patient or legally appointed representative to prove that the physician violated the duty of care that was owed to them and that an injury resulted.

There were a variety of proposals made to alter the guidelines governing medical malpractice. The trial and jury system was replaced by an alternative that would lower costs and speed settlements, Malpractice eliminate excessively generous juries and eliminate frivolous claims.

The wrong diagnosis

Medical malpractice is usually caused by mistaken diagnosis. It happens a lot each year and can have devastating effects, including the need for surgery that is not needed lengthy hospital stays and excessively aggressive treatment. A misdiagnosis could lead to death, as there are instances of severe illness or injury.

To establish malpractice, the doctor must have violated his duty to the patient by not diagnosing an injury or illness in a timely manner. In the majority of instances, proving that the doctor's inability to adhere to the standards of care requires an expert opinion, such as from an expert medical professional who has a vast knowledge of the type of illness involved in the case. The expert must also demonstrate that the doctor did not properly include the disease in his or her list of differential diagnoses using methods such as asking more questions, making additional observations or requesting additional tests in the diagnostic process.

A plaintiff also has to prove that the injuries resulting from a misdiagnosis are a direct result of the breach of duty. This typically means establishing actual damages, like future and past medical expenses and lost income, as well as the suffering of others, a reduced life expectancy and other losses. The plaintiff must also file the suit within the statute of limitations that are typically two or three years after the damage was incurred.

Wrong Procedure

It may shock you to learn that surgeons perform the wrong procedure on a patient around 20 times per week. These mistakes can lead to unanticipated medical expenses and more pain for patients. An experienced medical malpractice lawyer can help you obtain the compensation you deserve for your losses.

A successful malpractice case requires a convincing case of negligence on the part of the physician in the dispute. A claim of malpractice that is based on a surgical error must demonstrate that the defendant's actions were different from the usual care that would have been provided by doctors who have similar training in similar situations. This can be accomplished through expert testimony and a thorough review of medical records.

During the discovery phase where your attorney will exchange documents with the defense team that will be used in your case. These documents may include medical and surgical documents, lab reports, and documents of your injuries. Your lawyer will speak with witnesses in order to gather information regarding your case. When you meet with the witness, the attorney opposing you will be able to ask you questions under the oath. This is known as a deposition.

The wrong-site surgery is a very rare but very serious type of malpractice. This type of error is usually caused by a doctor's failure to adhere to the surgical recommendations or the medical record of the patient. In this case it is simple to demonstrate negligence. However, determining which surgeon should be held liable is not always simple.

Wrong Drugs

Each year, more than one million Americans are injured or have their health issues worsened by errors in prescription drugs. Doctors must exercise extreme caution when prescribing medications, to ensure that they are appropriate and safe 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 malpractice.

Sometimes errors don't occur in the doctor's office, but rather in the hospital. For malpractice example a nurse may miss-read a prescription and prescribe the wrong medication or dosage. A pharmacy could also make an error by filling in the incorrect medication or a drug that contains harmful ingredients.

Medication errors are the most common type of medical malpractice claim that our firm takes care of. We receive calls from clients who's doctors prescribed them the wrong medication, causing them to suffer severe injuries, or even death. Our attorneys will determine who is accountable for the injury and where the error occurred in the chain of command. We'll then help assign a value to your damages, which would include medical expenses or lost wages as well as pain and suffering resulting from the injuries you sustained as a result of the medication error. The more severe your injuries, the more the damages. You deserve adequate compensation. We can help you receive the settlement you deserve.

Emergency Room Errors

Emergency rooms are high-stress, high-pressure environments which can be hazardous for patients. Doctors are often under pressure to attend to as many patients as possible and run tests as quickly as they can and communicate with one another and read or write reports while providing top-quality care to each patient. Unfortunately, these busy environments cause mistakes that could have catastrophic consequences.

ER errors range from mistakes in diagnosis to premature discharge. Most ER errors result from a lack of medical history, incorrect interpretation of test results or diagnosis, and a failure to consult with specialists. ER staff may also make mistakes in communicating with each other or with the patient such as not mentioning the patient's allergies, or any other health conditions or giving incorrect instructions to nurses.

To be able to file a lawsuit based on malpractice the plaintiff has to demonstrate that the medical professional violated the standard of care. The standard of care is the level of care that an honest medical professional with the same training and experience would have given in similar circumstances. The plaintiff must then show that negligence led to their injury and the resulting damages. A successful plaintiff can seek compensation for past and future medical bills, physical pain and suffering loss of earnings, earning capacity, funeral expenses and funeral costs where appropriate.