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Malpractice Litigation

Malpractice litigation is often a long and complex process. It is essential for the patient or an legally appointed representative to show that the doctor violated the duty of care owed to them and that an injury resulted.

A variety of ideas have been proposed to change legal rules governing malpractice claims and replace the trial and jury system by a different system that will reduce costs, speed settlements, reduce excessively generous juries, and eliminate fraudulent medical claims.

Undiagnosed

Medical malpractice is usually caused by mistakes in diagnosis. 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. In some instances an error in diagnosis could result in death.

To prove that there was a malpractice, the doctor must have violated his obligation to the patient by not diagnosing an injury or illness accurately. In the majority of instances, proving the doctor's failure to live up to the standard of care requires a specialized opinion, such as that of an expert in medicine who is knowledgeable about the type of illness at play in the instance. The expert must also demonstrate that the doctor did not add the disease to their differential diagnosis list by asking further questions, making more observations or requesting further tests as part of the diagnosing process.

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

Incorrect Procedure

It may shock you to discover that surgeons perform the incorrect procedure on a patient around 20 times per week. These surgical mistakes often result in patients suffering unanticipated medical costs and suffering and pain. A skilled medical malpractice lawyer can assist you in obtaining the reimbursement you need for your losses.

A successful malpractice suit demands a strong case that proves the doctor was negligent. A claim of negligence based on an error in surgery needs to prove that the defendant's action was different from the norm of care that would be provided by similarly skilled doctors in similar situations. This can be accomplished through expert testimony and a thorough examination of medical records.

During the discovery phase, your attorney will exchange files with the defense team so that they can be used in your case. The documents could include medical and surgical reports, lab reports and evidence of your injuries. Your lawyer may also interview witnesses to gather information for your case. When you meet with the witness, the attorney opposing you will ask you questions under the oath. This is referred to as a deposition.

The wrong-site surgery is a very rare yet serious form of malpractice. This type of malpractice usually is caused by an individual doctor who does not follow the surgical recommendation or a patient's medical history. In this case it's easy to prove that negligence occurred. However, determining who is liable for the negligence is not always simple.

Wrong Drugs

Every year, more than a million Americans are injured or have their health issues worsened due to drug-related errors. Doctors must take extreme care when prescribing medicines to ensure that they are safe and appropriate for the patient. If a doctor's prescription is not in accordance with the medical standard of treatment and you suffer an injury as result, it could be a case of malpractice.

Sometimes the error doesn't occur at the doctor's office but rather in the hospital. For instance nurses could miss-read a prescription and prescribe the wrong medication or dosage. A pharmacy could also make a mistake by filling in the wrong medication or using harmful ingredients.

Our firm is able to handle the most common medical malpractice lawyers cases. We receive calls from patients whose doctors prescribed them the wrong medication, causing them to suffer serious injuries, or even death. Our attorneys will determine the source of the error within the chain of command and determine who is accountable for your injuries. We'll then help determine the value of your damages, which will include any medical costs as well as lost wages and malpractice 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 get the settlement you deserve.

Emergency Room Errors

Emergency rooms are high-stress and high-pressure environments that can be dangerous for patients. Doctors are often under a lot of pressure to attend to as many patients as possible and must conduct tests swiftly and also communicate with each other and read or write reports while providing top-quality care to each patient. However, these hectic environments can cause mistakes that could have catastrophic consequences.

ER errors can range from misdiagnosis of a patient to premature discharge. The most common causes of ER errors are inadequate medical history or misinterpretation of test results and a failure to speak with specialists. ER staff could also make mistakes in communicating with each other and with patients, such as failing to inform patients of allergies, health problems or adverse reactions, or giving incorrect instructions.

To be able to file a lawsuit for malpractice attorney the plaintiff must first to demonstrate that the medical professional violated the standard care. The standard of care is the amount of care that a reasonable medical professional with the same training and experience would have provided in similar circumstances. The plaintiff has to prove that their negligence caused them injury and resulting damages. A successful plaintiff can recover compensation for future or past medical bills as well as pain and suffering, earnings potential and lost wages as well as funeral expenses in the event that they are applicable.