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Malpractice Litigation

The process of bringing a lawsuit for malpractice is usually an extended and complex procedure. It is the responsibility of the patient or an legally appointed representative to show that the physician breached the duty of care that was owed to them and that a repercussion resulted.

Many proposals have been put forward to modify the rules of law governing malpractice claims. These proposals would replace the jury system and trial with a system that could lower costs, speed settlements, reduce excessively large juries and screen out unnecessary medical claims.

Incorrect diagnosis

Medical malpractice is often caused by mistakes in diagnosis. It occurs countless times every year, with devastating consequences, including unnecessary surgery, prolonged hospital stays, or aggressive treatment. An incorrect diagnosis could lead to death, as in some cases that involve severe injuries or illness.

To prove that there was a malpractice it must be proven that the doctor owed the patient a duty and violated this obligation by failing to identify the condition or injury correctly. In most instances, proving that the doctor's failure to live up to the standard of care requires a specialized opinion, for instance, from an expert in medical practice who has a vast knowledge of the type of illness at play in the instance. The expert must also show that the doctor did not properly include the disease in the list of differential diagnosis by using methods such as asking more questions, making further observations or ordering additional tests in the diagnostic procedure.

A plaintiff must also show that the injuries resulting from the mistake were the direct result of the breach of duty. This typically means proving the real damages such as past or future medical expenses, loss of income or lost due to pain and discomfort reduced life span and other damages. The victim must file the lawsuit within the statute of limitation which is typically two or three years from the date of the harm.

Incorrect Procedure

It could be a shock to learn that surgeons execute the incorrect procedure on a patient approximately 20 times per week. These surgical errors could result in unanticipated medical costs as well as additional discomfort for patients. An experienced medical malpractice lawyer could help you pursue the compensation you require for your losses.

A successful malpractice lawsuit suit demands a strong claim that the doctor was negligent. A malpractice claim that is based on a surgical error must prove that the defendant's actions were different from the standard care that would have been provided by a physician with the same training in similar situations. This can be done through expert testimony and a thorough examination of medical documents.

During the discovery phase where your attorney will exchange documents with the defense team so that they can be used in your case. The documents could 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 interview with a witness, you will be questioned under oath by opposing counsel. This is known as a deposition.

The wrong-site surgery is a very rare, but serious form malpractice law firm. This type of malpractice usually involves an error by an individual doctor who does not follow surgical recommendation records or the medical history of a patient. In such a situation it is simple to establish the negligence. However, determining which surgeon should be held liable is not always straightforward.

Wrong Drugs

Drug-related errors can cause injuries or worsening health issues in more than half a million Americans each year. Doctors must exercise extreme caution when prescribing medication to ensure that they are safe and appropriate for the patient. If the doctor's actions are not in line with the medical standard of care and you suffer serious injury as result, it could be malpractice.

Sometimes, the error doesn't happen at the doctor's office but rather in the hospital. Nurses may misunderstand the prescription for a medication and then administer the wrong dosage or medication. The pharmacy could also make an error by filling in the incorrect prescription or filling the medication that contains harmful ingredients.

Our firm specializes in the most common medical malpractice claims. Our firm receives calls from clients who have been prescribed the wrong medicine by their physicians which resulted in serious injuries or even death. Our attorneys will work to determine where the error occurred in the chain of command and who is responsible for your injuries. We will assist you in determining the value of your damages. This could include medical costs, lost wages and pain and discomfort resulting from injuries that you sustained as a result of the medication mistake. The more severe your injuries, the greater your damages. You deserve adequate compensation. We can assist you to get the compensation you need.

Emergency Room Errors

Emergency rooms are high-stress, high pressure environments that could be dangerous for patients. Doctors are under pressure to care for as many patients as they can. They must also conduct tests quickly, communicate with themselves, and read and write reports while also providing high-quality patient treatment. These hectic environments can result in mistakes that have devastating consequences.

ER errors can include anything from misdiagnosis to premature discharging of the patient. The majority of ER errors are caused by an absence of medical history, mistake in interpretation or test results and a failure consult specialists. ER staff may also make mistakes when communicating with each other or with the patient such as not mentioning the patient's allergies or other health conditions, or not giving the correct instructions to nurses.

In order to be able to bring a case to bring a malpractice suit, the plaintiff must first prove that the medical professional breached the standard of care. The standard of care is the level of care that a reasonable medical professional with the same education and experience would have provided in similar circumstances. The plaintiff must establish that negligence was the cause for their injury and damages. A successful plaintiff may be able to obtain compensation for past or future medical bills as well as pain and suffering, loss of earnings and wages and funeral costs, if applicable.