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Malpractice Litigation

The process of bringing a lawsuit for malpractice is usually a lengthy and complex procedure. It is the responsibility of the patient or an legally appointed representative to prove that the doctor violated the duty of care that was owed to them, and that an injury resulted.

Many proposals were put forward to change the lawful rules governing medical malpractice. The trial and jury system was replaced with an alternative that could cut costs and speed settlements, remove juries that are too generous, and screen out fraudulent claims.

Undiagnosed

Medical malpractice is usually caused by mistakes in diagnosis. It happens millions of times each year, with devastating consequences, including unnecessary surgery, prolonged hospitalizations, or invasive treatment. In some cases an error in diagnosis could result in death.

To prove that there was a malpractice it must be proven that the doctor was bound by an obligation to the patient and violated this obligation by failing to recognize the injury or illness properly. In most instances, proving a doctor's failure to live up to the standards of care requires a specialized opinion, for instance, from a medical professional with a deep understanding of the specific illness that is at issue in the instance. The expert must also demonstrate that the doctor did not add the disease to their list of differential diagnoses by asking more questions, conducting more examinations or requesting further tests to aid in the diagnosis process.

A plaintiff also has to prove that the injuries caused by a misdiagnosis are a direct result of the breach of duty. This usually means proving actual damages, such as past or future medical expenses, income lost or lost due to pain and discomfort shortened life span and other losses. The victim must also file a lawsuit within the statute of limitations which typically are two or three years after the damage was caused.

Incorrect Procedure

It may be shocking to hear, but surgeons carry out the wrong procedure on a patient about 20 times a week. These surgical errors often leave patients with unanticipated medical bills and pain and suffering. An experienced medical malpractice lawyer can assist you in obtaining the compensation you require for your losses.

A successful malpractice case requires a convincing claim of negligence on the part of the doctor in question. A claim of negligence that stems from a surgical error needs to demonstrate that the defendant's course procedure was in violation of the norm of care that would be provided by similarly skilled doctors in similar situations. This can be accomplished through expert testimony and a thorough review of medical documents.

During the discovery process, your attorney and the defense team will share relevant documents to be used in your case. These documents may include medical and surgical reports, lab reports and documents of your injuries. Your lawyer will interview witnesses in order to gather information on your case. In the course of the interview with the witness, the opposing attorney will inquire about your concerns under the oath. This is known as a deposition.

Surgery performed on the wrong site is a rare, but serious form of malpractice attorneys. This type of malpractice usually results from an error made by a doctor who fails to adhere to the surgical recommendations or the medical history of a patient. In this instance it's easy to prove that negligence took place. It's not always simple to decide which surgeon should be held accountable.

Wrong Drugs

Every year over a million Americans are injured or have their health issues worsened by errors in prescription drugs. Doctors must exercise extreme care when prescribing medications, to ensure they are appropriate and safe for the patient. If a doctor's prescription is not in accordance with the medical standard of care and you suffer serious injury as result, it could be a case of malpractice.

Sometimes an error isn't made at the physician's office but rather in the hospital. A nurse might misunderstand a prescribed medication and administer the wrong dose or medication. The pharmacy could also make an error in filling the wrong medication or a medication that contains harmful ingredients.

Our firm handles the most frequent medical malpractice attorneys cases. We receive calls from clients who were given the wrong medication by their doctor and have suffered severe injuries or even death. Our attorneys will work to determine the source of the error in the chain of command and who is responsible for your injuries. We'll then help determine the value of your damages, which will include medical expenses or lost wages as well as suffering and pain that results from the injuries you suffered as a result of the medication error. The greater the severity of your injuries, then the more you'll be liable. 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 risky for patients. Doctors are under pressure to care for as many patients as they can. They must also run tests quickly, interact with themselves and write and read reports and provide high-quality patient treatment. This pressure can lead to mistakes with devastating consequences.

ER errors can range from misdiagnosis, to premature discharge of the patient. Most ER errors result from an absence of medical history, misinterpretation or test results, and a failure to consult specialists. ER staff may also make mistakes in communicating with each other and with patients, such as failing to communicate a patient's health issues, allergies or other medical conditions or giving incorrect directions.

To have a basis for a malpractice claim, the plaintiff has to first prove that the medical professional violated the standard of care. The standard of care is defined as the level of care a reasonable medical professional could have provided under similar circumstances. The plaintiff must establish that the negligence is responsible for their injuries and damages. A successful plaintiff can seek compensation for past or future medical bills, pain and suffering, loss of earnings and wages and funeral costs, if applicable.