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Malpractice Litigation

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

Various proposals have been made to alter the legal rules that govern malpractice attorney claims. These proposals would replace the jury system and trial with a system that could lower costs, speed settlements, eliminate overly generous juries, and eliminate frivolous medical claims.

Misdiagnosis

Medical malpractice is often caused by mistakes in diagnosis. It occurs millions of times every year, and can result in devastating consequences, like a need for unnecessary surgery and long 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 failing to diagnose an injury or illness accurately. In most instances, proving the doctor's failure to live up to the standards of care requires an expert opinion, such as that of a medical professional with a deep understanding of the kind of illness that is involved in the instance. The expert must also demonstrate that the doctor did not add the condition to their list of differential diagnoses by asking further questions, conducting more examinations, or ordering further tests to aid in the diagnosis procedure.

A plaintiff must also show that the injuries caused by the misdiagnosis result from the breach of duty. This usually involves establishing actual damages, such as future and past medical expenses and lost income, as well as suffering and pain, shortened life expectancy, and other damages. In addition, the victim must file the suit within the time frame of the statute of limitations, which is typically two or three years from when the damage occurred.

Wrong Procedure

It may be shocking to discover 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 help you get the compensation you're due for your losses.

A successful malpractice suit demands a strong claim that the physician is negligent. A claim of negligence based on an error in surgery needs to prove that the defendant's actions was not in accordance with the standard of care that would be provided by similarly trained physicians in similar circumstances. This can be accomplished through expert testimony and a thorough review of medical documents.

During the discovery phase during the discovery phase, your attorney will share files with the defense team so that they can be used in your case. These documents could include medical and surgical records, lab reports as well as documentation of your injury. Your lawyer will also interview witnesses to gather information to support your case. During the witness interview, you will be asked questions under oath by opposing counsel. This is known as a deposition.

Surgery performed on the wrong site is a rare but serious form of malpractice. This type of malpractice is usually caused by a doctor's inability to follow the surgical guidelines or the patient's medical records. In this instance it is possible to prove that negligence occurred. It's not always easy to decide which surgeon is accountable.

Wrong Drugs

Drug errors can lead to injuries or malpractice worsening health issues in over a half a million Americans every year. Doctors should exercise extreme caution when prescribing medicines to ensure that they are safe and suitable for the patient. If the doctor deviates from the medical standard of care and you suffer severe injury as a result, it may be considered to be malpractice.

Sometimes the error doesn't occur in the doctor's office, but rather in the hospital. For example a nurse may miss-read a prescription and prescribe the wrong medication or dosage. A pharmacy might also commit an error by filling the incorrect prescription or filling the medication with harmful ingredients.

Medication errors are the most common type of medical malpractice claim that our firm handles. We receive calls from clients who were prescribed the wrong medication by their doctors which resulted in serious injuries or even death. Our lawyers will determine who is responsible for the accident and where the error occurred in the chain of commands. We will then help you assign a value to your damages. This would include medical expenses or lost wages as well as suffering and pain resulting from the injuries you suffered because of the error in your medication. The more severe your injuries, the greater your damages. You deserve adequate compensation. We can assist you to get the settlement you require.

Emergency Room Errors

Emergency rooms are high-stress, high-pressure settings that pose a risk to patients. Doctors are often under a lot of pressure to attend to as many patients as they can and are required to run tests quickly and communicate with one another, and read or write reports while delivering high-quality treatment to every patient. This pressure can lead to errors that can have devastating consequences.

ER errors can range from misdiagnosis to premature discharging of a patient. The most frequent causes of ER errors are a lack of medical history and misinterpretation of test results and the inability to consult specialists. ER staff can be unable to communicate with each other and patients, for example, failing to inform patients of health issues, allergies or other medical conditions or giving incorrect instructions.

To be able to bring an action for malpractice the plaintiff first needs to prove that the medical professional violated the standard care. The standard of care refers to the level of care that an honest medical professional with the same education and experience would provide in similar circumstances. The plaintiff is then required to show that negligence caused the injury and the resulting damages. A successful plaintiff may recover damages for past and future medical bills, physical suffering, loss of wages and earning capacity as well as funeral expenses when appropriate.