Malpractice Litigation

Malpractice litigation can be an extended and complex procedure. It is essential for the patient or legally appointed representative to show that the physician violated the duty of care owed to them and that a repercussion resulted.

Various proposals were made to alter the legal rules governing medical malpractice law firm claims. The trial and jury system was replaced with an alternative that could cut costs and speed up settlements, reduce juries with excessively generous verdicts and weed out frivolous claims.

Undiagnosed

Misdiagnosis is one of the most common forms of medical negligence. It happens thousands of times every year, and can result in devastating effects, including a need for unnecessary surgery, long hospital stays, and unnecessary treatment. An incorrect diagnosis could lead to death, as in certain cases of serious injuries or illness.

To prove malpractice, the doctor must have breached his duty to the patient by failing to diagnose an illness or injury correctly. In most cases, proving the doctor's inability to adhere to the standard of care requires an expert opinion, such as an expert in medicine who has a vast knowledge of the type of illness at play in the case. The expert must also show that the doctor didn't add the disease to their list of differential diagnoses by asking more questions, or making further observations, or ordering further tests in the diagnosis procedure.

A plaintiff must also 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. The victim must also file the lawsuit within the statute of limitations, which are usually two or three years after the incident was caused.

Wrong Procedure

It can be shocking to learn that surgeons are performing the wrong procedure on a patient about 20 times a week. These mistakes in surgery often result in patients suffering unexpected medical expenses as well as pain and suffering. An experienced medical malpractice lawyer can help you obtain the compensation you need for your losses.

A successful malpractice lawsuit demands an enviable claim of negligence on the part of the physician in the matter. A malpractice claim caused by a surgical mistake must prove that the defendant's actions differed from the usual care that would have been offered by physicians with similar training in similar situations. This can be achieved through expert testimony and a thorough review of medical documents.

During the discovery process, your attorney and the defense team will exchange relevant documents to be used in your case. These documents could include surgical and medical records, lab reports, and other evidence of your injuries. Your lawyer will speak with witnesses to gather information regarding your case. During the interview with the witness, the opposing attorney will ask you questions under oath. This is referred to as a deposition.

Wrong-site surgery is a rare but very serious form of malpractice. This kind of malpractice typically is caused by the doctor who fails to follow the surgical recommendation or a patient's medical history. In this situation it's easy to demonstrate that negligence was the cause. However, determining who should be held accountable is not always straightforward.

Wrong Drugs

Drug-related errors can cause harm or worsening of health conditions in more than a half a million Americans every year. Doctors must use extreme care when prescribing drugs to ensure they are safe and appropriate for the patient. If you suffer serious injury due to the doctor's deviations from the standard medical practice it could be a case of malpractice.

Sometimes errors don't occur at the doctor's office but rather in the hospital. A nurse could misunderstand an order for medication and prescribe the wrong dosage or medication. A pharmacy can also be negligent by filling in the wrong medication or a medication with harmful ingredients.

Our firm is able to handle the most frequent medical malpractice law firms cases. Our firm receives calls from clients who were given the wrong medication by their physicians, resulting in severe injuries or even death. Our attorneys will work to determine where the error occurred within the chain of command and determine who is accountable for your injuries. We will assist you in determining the amount of your damages. This includes medical expenses, lost wages, and discomfort and pain resulting from injuries you suffered due to the medication mistake. The greater the severity of your injuries, the greater your damages. You deserve adequate compensation. We can help you get the compensation you deserve.

Emergency Room Errors

Emergency rooms are often high-stress and high-pressure environments. This can be a risk for the patients. Doctors are often under pressure to attend to as many patients as possible and run tests as quickly as they can and communicate with one another, and read or write reports all while providing quality care to every patient. This can lead to mistakes with disastrous consequences.

ER errors can range from misdiagnosis to premature discharging of the patient. The most common causes of ER errors are a lack of medical history as well as misinterpretation of results from tests and failure to consult with specialists. ER staff can also make mistakes in communicating between themselves and patients, for example, not communicating a patient's allergies, health problems or adverse reactions or giving incorrect directions.

To be able to establish grounds to bring a malpractice suit, the plaintiff must first prove that the medical professional acted in violation of 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 must prove that the negligence was responsible for their injuries and damages. A successful plaintiff will be able to recover compensation for past or future medical bills, pain and suffering, lost earnings and earning potential and funeral costs, when applicable.