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Malpractice Litigation

The process of bringing a lawsuit for malpractice is usually an extended and complex procedure. It requires the patient, or a legally-appointed representative, to show that the doctor was obligated to them under a duty of care, that the physician breached that duty and that injury resulted.

There were a variety of proposals made to alter the legal rules governing medical malpractice. The trial and jury system was replaced with an alternative that would lower costs and speed up settlements, reduce juries with excessively generous verdicts and weed out frivolous claims.

The wrong diagnosis

Medical malpractice is usually caused by mistaken diagnosis. It occurs millions of times each year and can have devastating consequences, like the need for unnecessary surgery, long hospital stays, or unnecessarily invasive treatment. In some instances, a misdiagnosis may even result in death.

To establish malpractice, the doctor must have violated his duty to the patient by failing to diagnose an injury or illness correctly. In most instances, proving that the doctor's inability to adhere to the standard of care requires an expert opinion, for instance, from an expert in medicine with extensive knowledge about the type of illness at play in the case. The expert should also demonstrate that the doctor failed to adequately add the disease to the list of differential diagnoses using methods such as asking additional questions, making further observations or requesting further tests as part of the diagnostic procedure.

A plaintiff must also prove that the injuries resulting from the mistake were a direct result of the breach of duty. This typically involves proving actual damages, like past and future medical expenses loss of income, suffering and pain, shortened life expectancy, and other damages. The victim must also file the lawsuit within the statute of limitations that are typically two or three years after the incident was caused.

Unskillful Procedure

It could be a shock to discover that surgeons perform the incorrect procedure on a patient about 20 times per week. These surgical errors typically result in patients suffering unanticipated medical bills and pain and suffering. An experienced medical malpractice lawyer can assist you in obtaining the reimbursement you're entitled to for your losses.

A successful malpractice suit requires a strong claim of negligence on the part of the physician in question. A claim of negligence due to a surgical error must show that the defendant's course procedure was in violation of the norm of care that would be offered by similarly trained physicians in similar circumstances. This can be achieved through expert testimony and a thorough examination of medical documents.

During the discovery phase where your attorney will exchange files with the defense team in order to be used in your case. These files could include medical and surgical records, lab reports, and documentation of your injury. Your lawyer will question witnesses in order to gather information about your case. In the course of the interview with the witness, the attorney opposing you will inquire about your concerns under an oath. This is known as a deposition.

Wrong-site surgeries are a rare yet serious form of malpractice. This type of malpractice is usually triggered by a doctor's inability to follow the surgical advice records or the medical record of the patient. In this instance, it can be easy to establish that negligence occurred. However, determining which surgeon should be held liable isn't always easy.

Wrong Drugs

Drug errors can cause harm or worsening of health conditions in more than a half million Americans every year. Doctors must exercise 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 treatment and you suffer an injury as consequence, it could be considered malpractice.

Sometimes the error does not occur at the doctor's office and instead occurs at the hospital. For example a nurse may not have a proper understanding of a prescription and give the wrong medication or dosage. A pharmacy could also be negligent by filling the incorrect medication or one with harmful ingredients.

Our firm deals with the most frequent medical malpractice lawsuits cases. We receive calls from clients who were prescribed the wrong medicine by their physicians which resulted in serious injuries or even death. Our lawyers will determine who was responsible for the injury and where the error occurred in the chain of commands. We will help you assign a value to your damages. This would include any medical costs along with lost wages, suffering and pain that results from the injuries you suffered due to the medication error. The more severe your injuries, the greater your damages. You deserve adequate compensation. We can help you obtain the settlement you require.

Emergency Room Errors

Emergency rooms are high-stress, high-pressure settings that could 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, communicate with each other and read or write reports while providing top-quality care to each patient. These busy environments can lead to mistakes with disastrous consequences.

ER errors can range from misdiagnosis, to premature discharge of patients. Most ER errors result from the absence of a medical history, misinterpretation of test results or interpretation or failure to consult specialists. ER staff can make errors in communicating with one another or with the patient for example, not communicating a patient's allergies or adverse health conditions, or not giving the correct instructions to nurses.

To have a basis for a malpractice lawsuit the plaintiff has to first prove that the medical professional breached the standard of care. The standard of care is defined as the degree of care a reasonable medical professional would have provided in similar circumstances. The plaintiff must prove that negligence was the cause for their injury and damages. A successful plaintiff can seek compensation for past or future medical bills as well as pain and suffering, loss of earnings and wages as well as funeral expenses if applicable.