Malpractice Litigation
Malpractice litigation can be a lengthy complex process. It requires the patient or a legally authorized representative, to show that the doctor owed them a duty of care, and that the physician violated that duty, and that the injury resulted.
Many proposals were put forward to change the legal rules governing medical malpractice claims. The trial and jury system was replaced with an alternative that would cut costs and speed up settlements. It would also remove juries that are too generous and weed out frivolous claims.
Incorrect diagnosis
Medical malpractice law firm is often caused by mistakes in diagnosis. It occurs countless times each year, with devastating consequences, including unneeded surgery, prolonged hospitalizations, or invasive treatment. In some cases, a misdiagnosis may even cause death.
To prove that there was a malpractice to prove malpractice, it must be proved that the doctor was bound by an obligation to the patient and violated this duty by failing to diagnose the illness or injury properly. In most instances, proving the doctor’s inability to adhere to the standards of care requires an expert opinion, for instance, from a medical professional who is knowledgeable about the kind of illness that is involved in the instance. The expert must also prove that the doctor did not add the illness to their list of differential diagnoses by asking more questions, making more observations or requesting additional tests in the diagnosis process.
A plaintiff also has to prove that the injuries caused by an error in diagnosis are a direct result of the breach of duty. This usually means establishing actual damages, such as future and past medical expenses, lost income, suffering and pain, shortened life expectancy and other losses. The victim must bring the lawsuit within the time frame of the statute of limitations which typically is two or three years after the date of the incident.
Unskillful Procedure
It’s shocking to hear, but surgeons make the wrong decision on a patient approximately 20 times a week. These errors in surgery could result in unanticipated medical costs as well as additional discomfort for patients. A medical malpractice lawyer can help you receive the compensation you’re due for your losses.
A successful malpractice suit requires a convincing argument that the doctor is negligent. A claim of negligence due to an error in surgery needs to prove that the defendant’s course of procedure was in violation of the standard of care that is expected to be provided by similarly skilled doctors in similar circumstances. This can be done through expert testimony and a thorough examination of medical documents.
During the discovery phase where your attorney will exchange documents with the defense team to be used in your case. These documents could comprise medical and surgical records, lab reports, and evidence of your injury. Your lawyer may also interview witnesses to gather evidence for your case. In the course of the interview with the witness, the opposing attorney will inquire about your concerns under the oath. This is referred to as a deposition.
The wrong-site surgery is a very rare but very serious type of malpractice. This type of malpractice usually is caused by a doctor who fails to follow surgical recommendation records or the medical history of a patient. In this case, it is easy to establish the negligence. It is not always easy to decide who is accountable.
Wrong Drugs
Drug errors can lead to injuries or worsening health conditions in more than a half million Americans each year. Doctors must take extreme care when prescribing medication 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 severe injury as result, it could be a case of malpractice.
Sometimes the error doesn’t occur in the doctor’s office, but rather in the hospital. A nurse might misunderstand the prescription and give the wrong dose or medication. The pharmacy could also make a mistake by filling out the wrong prescription or a medicine with harmful ingredients.
Medication mistakes are the most frequent type of medical malpractice claim which our firm handles. Our firm is frequently contacted by clients who were prescribed the wrong medicine by their doctors that resulted in severe injuries or even death. Our attorneys will determine where the error happened within the chain of command and determine who is accountable for your injuries. We will help you assign a value to your damages. This would include medical expenses, lost wages, and suffering and pain that results from the injuries you suffered due to the medication error. The more severe your injuries, the more damages you will incur. You deserve adequate compensation. We can assist you to get the settlement you deserve.
Emergency Room Errors
Emergency rooms are high-stress, high-pressure settings that can be dangerous for patients. Doctors are often under pressure to see as many patients as they can and run tests as quickly as they can and be in constant communication with each other, and read or write reports while providing top-quality medical attention to every patient. These hectic environments could lead to errors with devastating consequences.
ER errors can range from mistaken diagnosis of a patient, to premature discharge. The most common causes of ER errors are a lack of medical history, misinterpretation of test results and the inability to consult specialists. ER staff may also make mistakes in communicating with each other and with patients, such as not communicating allergies, health problems or adverse reactions or giving incorrect instructions.