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Malpractice Litigation

Malpractice litigation can be a long and malpractice lawyer complicated process. It is required for the patient or a legally appointed representative to show that the doctor violated the obligation of care owed to them and that a repercussion resulted.

Many proposals were put forward to alter the rules that govern medical malpractice claims. The trial and jury system was replaced with an alternative that could cut costs, speed up settlements, eliminate juries that were too generous, and screen out fraudulent claims.

The wrong diagnosis

Misdiagnosis is among the most common types of medical malpractice. It occurs countless times every year, resulting in devastating consequences, including unneeded surgery, prolonged hospital stays, or even aggressive treatment. In some instances an error in diagnosis could cause death.

To prove that there was a malpractice, the doctor must have breached his obligation to the patient by not diagnosing an injury or illness in a timely manner. In most instances, proving the doctor's inability to adhere to the standard of care requires an expert opinion, malpractice lawyer such as that of an expert in medicine who has a vast knowledge of the type of illness at play in the case. The expert must also prove that the doctor did not add the illness to their differential diagnosis list by asking further questions, conducting more examinations, or ordering further tests as part of the diagnosing process.

A plaintiff also has to prove that the injuries caused by a misdiagnosis are a direct result of the breach of duty. This typically means proving the actual damages such as past or future medical expenses, loss of income in the form of pain and discomfort, diminished life span, and other damages. Finally, the victim must file the suit within the statute of limitation which typically is two or three years from the date of the incident.

Wrong Procedure

It's not a pleasant thing to learn, but surgeons perform the wrong procedure on a patient around 20 times per week. These errors in surgery could result in unanticipated medical expenses and more suffering for patients. An experienced medical malpractice lawyer could assist you in obtaining the compensation you're entitled to for your losses.

A successful malpractice suit demands a convincing argument that the doctor was negligent. A claim of negligence that stems from a surgical error must show that the defendant's course procedure was in violation of the standard of care that is expected to be offered by similarly trained doctors in similar circumstances. This can be accomplished by expert testimony or a thorough analysis of medical records.

During the discovery phase where your attorney will exchange documents with the defense team to be used in your case. These documents can include medical and surgical documents, lab reports, and documents of your injuries. The lawyer will also question witnesses to gather information to support your case. During the witness interview, you will be asked questions under oath from the opposing counsel. This is known as a deposition.

Surgery performed on the wrong site is a rare but very serious type of malpractice. This type of malpractice lawsuits is usually triggered by a doctor's inability to adhere to the surgical recommendations or the patient's medical record. In this scenario it is simple to establish negligence. However, determining who should be held responsible isn't always easy.

Wrong Drugs

Drug errors can cause harm or worsening of health conditions in more than a half a million Americans every year. Doctors should exercise extreme care when prescribing medicines, to ensure they are safe and appropriate for the patient. If you suffer a serious injury because of the doctor's deviation from the norm of medical treatment, it could be malpractice.

Sometimes errors don't occur at the doctor's office but rather in the hospital. A nurse could misunderstand the prescription for a medication and then administer the wrong dosage or medication. A pharmacy may also make a mistake by filling in the wrong medication or using harmful ingredients.

Our firm specializes in the most common medical malpractice cases. We get calls from clients who's doctors prescribed them the wrong medication, which caused them to suffer severe injuries or even death. Our attorneys will work to identify the place where the error occurred in the chain of command, and who is responsible for your injuries. We will then assist you to determine the value of your damages. This would include medical expenses or lost wages as well as suffering and pain resulting from the injuries you sustained because of the medication error. The more severe your injuries, the more the damages. You deserve adequate compensation. We can assist you in getting the settlement you deserve.

Emergency Room Errors

Emergency rooms are high-stress, high pressure environments which can be hazardous for patients. Doctors are often under pressure to see as many patients as possible and must run tests quickly and also communicate with each other, and read or write reports while delivering high-quality medical care to every patient. This could lead to errors with devastating consequences.

ER errors can include anything from misdiagnosis, to premature discharge of the patient. The most frequent causes of ER mistakes are an insufficient medical history or misinterpretation of test results and a failure to consult specialists. ER staff can be unable to communicate with each other and with patients, for example, not communicating health issues, allergies or other medical conditions or giving incorrect instructions.

In order to be able for an action for malpractice the plaintiff must first to establish that the medical professional violated the standard care. The standard of care refers to the level of care that an honest medical professional with the same education and experience would have given in similar circumstances. The plaintiff is then required to show that this negligence caused their injury and resulting damages. A successful plaintiff can seek compensation for future or past medical bills, pain and suffering, loss of earnings and wages and funeral costs, depending on the circumstances.