Malpractice Litigation

The process of bringing a lawsuit for malpractice is usually a long and complicated process. It requires the patient, or a legally appointed representative, to prove that the physician was obligated to them under a duty of care, that the doctor violated that duty, and that harm 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, expedite settlements, eliminate excessively generous juries and filter out unnecessary medical claims.

Misdiagnosis

Medical malpractice is usually caused by mistaken diagnosis. It occurs millions of times each year and can have devastating results, such as the need for surgery that is not needed lengthy hospital stays and unnecessary treatment. In some cases a mistake in diagnosis can cause death.

To prove malpractice the evidence must show that the doctor owed a duty to the patient and breached this obligation by not diagnosing the condition or injury correctly. Most of the time, the failure of the physician to perform the required care is proven through an expert opinion. This can be a medical professional with vast knowledge of the kind of illness being examined. The expert has to prove that the doctor did not add the illness to their differential diagnosis list by asking additional questions, or making further observations or requesting further tests to aid in the diagnosis process.

A plaintiff also has to prove that the injuries caused by an incorrect diagnosis result from the breach of duty. This typically means establishing actual damages, like past and future medical expenses, lost income, the suffering of others, a reduced life expectancy, and other losses. Additionally, the plaintiff must file the suit within the statute of limitation which is usually two or three years from the date of the harm.

The wrong procedure

It can be shocking to hear, but surgeons carry out the wrong procedure on patients around 20 times a week. These mistakes in surgery often result in patients being faced with unanticipated medical costs and suffering and pain. A skilled medical malpractice lawyer can help you pursue the compensation you need for your losses.

A successful malpractice lawsuits suit demands a convincing argument that the doctor was negligent. A malpractice claim caused by a surgical error must show that the defendant's actions differed from the standard care that would have been offered by doctors with similar training in similar circumstances. This can be accomplished by expert testimony and an extensive examination of medical records.

During the discovery process, your attorney and the defense team will exchange relevant documents to use in your case. These documents may include medical and surgical records, lab reports, and documentation of your injuries. Your lawyer will speak with witnesses to gather information on your case. During the witness interview you will be asked questions under oath, by the opposing counsel. This is known as a deposition.

Wrong-site surgeries are a relatively rare, but serious form malpractice. This type of malpractice is usually caused by a doctor's failure to adhere to the surgical recommendations or the patient's medical records. In this case it is simple to demonstrate the negligence. It's not always simple to determine who is responsible.

Wrong Drugs

Each year, more than a million Americans are injured or have their health issues worsened by errors in prescription drugs. Doctors should exercise extreme care when prescribing medications, to ensure that they are safe and appropriate for the patient. If you suffer serious injuries because of the doctor's deviation from the norm of medical treatment there could be negligent.

Sometimes, the error does not occur at the doctor's office however, but instead at the hospital. For example a nurse may mistakenly interpret a prescription, and then administer the wrong medication or dosage. A pharmacy may also be negligent by filling out the wrong prescription or using harmful ingredients.

Our firm specializes in the most frequent medical malpractice cases. Our firm gets calls from clients who were prescribed the wrong drug by their physicians which resulted in serious injuries or even death. Our lawyers will determine who is accountable for the injury and pinpoint where the error occurred in the chain of commands. We will then help you assign a value to your damages, which could include any medical expenses or lost wages as well as suffering and pain that results from the injuries you sustained as a result of the medication error. The more severe your injuries, the more the damages. You deserve adequate compensation. We can help you get the settlement you deserve.

Emergency Room Errors

Emergency rooms are high-stress, high pressure environments that pose a risk to patients. Doctors are often under a lot of pressure to treat as many patients as possible and must conduct tests swiftly and also communicate with each other and read or write reports all while providing quality medical care to every patient. Unfortunately, these busy environments cause mistakes that could result in catastrophic consequences.

ER errors can range from misdiagnosis, to premature discharge of the patient. Most ER errors result from the absence of medical history, a incorrect interpretation of test results or diagnosis, and a failure to consult with specialists. ER staff could make errors when communicating between themselves and patients, for example, failing to inform patients of health issues, allergies or other medical conditions or giving incorrect directions.

To have a basis for a malpractice lawsuit, the plaintiff must first establish that the medical professional acted in violation of the standard of care. The standard of care is defined as the amount of care a reasonable medical professional would have provided under similar circumstances. The plaintiff is then required to show that their negligence caused them injury and resulting damages. A successful plaintiff can recover damages for past and future medical bills, physical pain and suffering in addition to loss of wages, earning capacity as well as funeral expenses where applicable.