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Malpractice Litigation

Malpractice litigation is often an extended and complex process. It requires the patient, or a legally designated representative, to show that the doctor was obligated to them under a duty of care, and that the doctor breached that duty and that injury resulted.

A variety of ideas were proposed to change the legal guidelines governing medical malpractice. The trial and jury system was replaced with an alternative that would cut costs and speed settlements, reduce juries with excessively generous verdicts and weed out frivolous claims.

Undiagnosed

Medical malpractice lawsuits is usually caused by misdiagnosis. It occurs millions of times every year, and can result in devastating consequences, including the need for unneeded surgery, long hospital stays, or unnecessarily invasive treatment. In some cases an error in diagnosis could result in death.

To prove that there was a malpractice, it must be demonstrated that the doctor owed obligations to the patient and breached the obligation by failing to recognize the condition or injury correctly. In most cases, the inability of a doctor to provide the required care is demonstrated through an expert opinion. This can be a medical professional who has vast knowledge of the kind of illness being examined. The expert must also demonstrate that the doctor did not add the illness to their list of differential diagnoses by asking more questions, observing more, or ordering further tests to aid in the diagnosis procedure.

A plaintiff also has to prove that the injuries resulting from an incorrect diagnosis result from the breach of duty. This usually involves proving actual damages like past or future medical expenses, income loss or lost due to pain and discomfort shortened life span and other losses. The plaintiff must also file the lawsuit within the statutes of limitations which usually are two or three years after the injury occurred.

Incorrect Procedure

It might be shocking to learn that surgeons execute the incorrect procedure on a patient approximately 20 times a week. These surgical mistakes often result in patients suffering unexpected medical expenses as well as suffering and pain. A medical malpractice lawyer can assist you in obtaining the compensation you deserve for your losses.

A successful malpractice suit demands a strong argument that the doctor is negligent. A claim of malpractice based on a surgery error must show that the defendant's actions diverged from the usual care that would have been provided by doctors with similar training in similar circumstances. This can be achieved through expert testimony and an extensive review of medical records.

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

Wrong-site surgeries are a relatively rare, but serious form malpractice. This kind of malpractice is usually caused due to a doctor's failure follow the surgical advice records or the patient's medical record. In this instance it's possible to prove that negligence took place. It is not always easy to determine which surgeon should be held responsible.

Wrong Drugs

Drug errors can lead to injury or worsen health conditions in more than half a million Americans each year. Doctors must take extreme care when prescribing medications to ensure that they are safe and suitable for the patient. If a doctor's decision isn't in line with the medical standard of care and you suffer a severe injury as the result, it could be malpractice.

Sometimes, the error doesn't happen at the doctor's office but in the hospital. A nurse may misread an order for medication and prescribe the incorrect dosage or medication. A pharmacy may also make an error in filling the wrong prescription or filling a medicine that contains harmful ingredients.

Medication errors are the most common type of medical malpractice attorneys claim that our firm handles. Our firm receives calls from clients who were prescribed the wrong medicine by their doctors that resulted in severe injuries or 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 then assist you to assign a value to your damages, which will include any medical expenses as well as lost wages and suffering and pain that results from the injuries you suffered due to the medication error. The greater the severity of your injuries, then 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 and high-pressure environments which can be hazardous for patients. Doctors are usually under pressure to see as many patients as possible and must conduct tests swiftly and also communicate with each other and write or read reports while providing top-quality medical attention to each patient. This could lead to errors with catastrophic consequences.

ER errors include everything from mistaken diagnosis of a patient, to premature discharge. Most ER errors result from a lack of medical history, a incorrect interpretation of test results or diagnosis or failure to consult specialists. ER staff may make errors in communicating with one another or with the patient like not letting a patient's allergies or adverse health conditions, or not giving the correct instructions to nurses.

To have grounds for a malpractice lawsuit the plaintiff has to establish that the medical professional violated the standard of care. The standard of care is defined as the level of care a reasonable medical professional would have offered in similar circumstances. The plaintiff has to prove that their negligence caused them injury and damages. A successful plaintiff can seek compensation for future or past medical bills, pain and suffering, lost earnings and earning potential and funeral expenses, if applicable.