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Malpractice Litigation

Malpractice litigation can be a lengthy, complicated process. It is required for the patient or legally appointed representative to prove that the physician breached the duty of care owed them and that a repercussion resulted.

Many proposals have been put forward to change the legal rules governing malpractice claims. They propose to replace the jury and trial system by a different system that will reduce costs, speed settlements, eliminate overly generous juries and filter out unsubstantial medical claims.

Incorrect diagnosis

Misdiagnosis is among the most common forms of medical negligence. It occurs in a multitude of instances every year, with devastating consequences, including unneeded surgical procedures, prolonged hospital stays, or aggressive treatment. A mistake in diagnosis can lead to death, as in certain cases of serious illness or injury.

To prove that there was a malpractice to prove malpractice, it must be proved that the doctor owed obligations to the patient and breached that obligation by failing to recognize the injury or illness properly. In the majority of instances, proving a doctor's failure to live up to the standard of care requires a specialized opinion, for instance, from an expert in medical practice with a deep understanding of the specific illness that is at issue in the case. The expert must also prove that the doctor did not properly include the disease in the list of differential diagnoses by using methods such as asking additional questions, making additional observations or requesting additional tests to aid in the diagnostic procedure.

A plaintiff also needs to prove that the injuries caused by the mistake were a direct result of the breach of duty. This usually means establishing actual damages, such as past and future medical expenses loss of income, suffering and pain, shortened life expectancy, and other losses. The victim must also file the suit within the statute of limitations which typically are two or three years after the incident occurred.

Incorrect Procedure

It could be a shock to learn that surgeons perform the incorrect procedure on a patient approximately 20 times a week. These surgical errors often result in patients being faced with unanticipated medical expenses and additional pain and suffering. A medical malpractice lawyer can help you obtain the compensation you deserve for your losses.

A successful malpractice lawsuit demands a strong claim of negligence on the part of the doctor in question. A malpractice claim caused by a surgical error must prove that the defendant's actions differed from the standard care that would have been offered by a physician with the same training in similar circumstances. This can be accomplished by expert testimony and a thorough examination of medical records.

During the discovery phase, your attorney will exchange documents with the defense team that will be used in your case. These documents could include medical and surgical records, lab reports, and evidence of your injury. The lawyer will interview witnesses in order to gather information on your case. During the interview with a witness, the attorney opposing you will question you under swearing. This is known as a deposition.

Surgery performed on the wrong site is a rare but very serious type of malpractice. This type of negligence is usually caused due to a doctor's failure follow the surgical guidelines or the medical record of the patient. In this situation it's easy to prove that negligence occurred. It is not always easy to determine who is responsible.

Wrong Drugs

Every year, over a million Americans are injured or have their health issues worsened by errors in prescription drugs. Doctors should exercise extreme caution when prescribing medications to ensure that they are safe and suitable 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 result, it could be considered to be malpractice.

Sometimes, the error malpractice may not occur in the doctor's office, but rather at the hospital. A nurse may misread the prescription for a medication and then administer the wrong dosage or medication. A pharmacy might also commit an error by filling in the wrong prescription or filling a medicine that contains harmful ingredients.

Our firm handles the most common medical malpractice cases. We get calls from clients whose doctors prescribed them the wrong medication, causing them to suffer serious injuries and even death. Our attorneys will determine who is responsible for the injuries and determine where the error occurred in the chain of commands. We will help you assign a value to your damages, which could include any medical costs, lost wages, and suffering and pain that results from the injuries you sustained as a result of the medication error. The more severe your injuries, the greater 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 that pose a risk to patients. Doctors are usually under pressure to take on as many patients as they can and must conduct tests swiftly and also communicate with each other and read or write reports while also providing high-quality medical attention to every patient. This can result in mistakes that have catastrophic consequences.

ER errors can range from misdiagnosis, to premature discharge of patients. The most common causes of ER errors are a lack of medical history and misinterpretation of test results and the inability to consult specialists. ER staff can also make mistakes when communicating with each other or with the patient like not letting the patient's allergies, or any other health conditions, or not giving the correct instructions to nurses.

To have grounds for an action for malpractice the plaintiff first needs to establish that the medical professional infringed on the standard care. The standard of care is the standard of care that an honest medical professional with the same training and experience would have offered in similar circumstances. The plaintiff must establish that negligence was the reason for their injury and damages. A successful plaintiff can recover compensation for future and past medical bills, physical suffering, loss of wages and earning capacity, funeral expenses and funeral costs where appropriate.