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Malpractice Litigation

Malpractice litigation is often a long and complex process. It requires the patient, or a legally authorized representative, to prove that the doctor was bound by a duty of care, and that the physician breached that duty and that the injury resulted.

Various proposals have been made to change legal rules governing malpractice claims. They propose to replace the trial and jury system with a system that could reduce costs, speed settlements, eliminate excessively generous juries, and eliminate frivolous medical claims.

Undiagnosed

Medical malpractice attorney is often caused by misdiagnosis. It happens millions of times every year, and can result in devastating consequences, including the need for unnecessary surgery, long hospital stays, and excessively aggressive treatment. A misdiagnosis can even result in death in some cases that involve severe illness or injury.

To prove malpractice, it must be demonstrated that the doctor owed a duty to the patient and breached that duty by failing to diagnose the condition or injury correctly. In the majority of cases, failure of the physician to meet the standard of medical care is established by an expert's opinion. This can be a medical professional with extensive knowledge of the type of illness in question. The expert must also prove that the doctor did not add the condition to their differential diagnosis list by asking additional questions, or making further observations or ordering additional tests in the diagnosis process.

A plaintiff must also show that the injuries resulting from the misdiagnosis result of the breach of duty. This typically means proving the actual damages such as past or future medical expenses, loss of income, pain and discomfort, diminished life span, and other losses. Finally, the victim must file the suit within the statute of limitation which typically is two or three years after the date of the harm.

Wrong Procedure

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

A successful malpractice lawsuit requires a strong claim that the physician is negligent. A claim of negligence due to an error in surgery needs to prove that the defendant's course of actions was not in accordance with the standards of care that would be provided by similarly skilled physicians in similar circumstances. This can be accomplished by expert testimony and a thorough review of medical documents.

During the discovery phase where your attorney will exchange documents with the defense team to be used in your case. These documents could include medical and surgical records, lab reports, and the documentation of your injuries. The lawyer will interview witnesses in order to gather information regarding your case. When you meet with the witness, the opposing attorney will question you under the oath. This is referred to as a deposition.

Surgery performed on the wrong site is a rare but serious form of malpractice. This type of malpractice is usually triggered due to a doctor's failure follow the surgical advice records or the medical record of the patient. In such a situation, it is easy to prove the negligence. However, determining who should be held accountable is not always simple.

Wrong Drugs

Every year, over a million Americans are injured or have their health issues worsened due to drug-related errors. Doctors must exercise extreme care when prescribing drugs to ensure they are safe and appropriate for the patient. If a doctor's decision isn't in line with the medical standard of care and you suffer serious injury as consequence, it could be malpractice.

Sometimes, the error does not occur in the doctor's office or in the hospital. A nurse could misunderstand a prescribed medication and administer the incorrect dosage or medication. A pharmacy could also make an error in filling the wrong prescription or filling a medicine with harmful ingredients.

Our firm is able to handle the most common medical malpractice cases. We receive calls from patients who's doctors prescribed them the incorrect medication, causing them to suffer severe injuries, or even death. Our lawyers will determine who is at fault for the injuries and determine where the error occurred within the chain of command. We will help you assign a value to your damages, which will include any medical costs or lost wages as well as suffering and pain resulting from the injuries you suffered because of the error in your medication. The greater the severity of your injuries, 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 high-stress, high-pressure environments that pose a risk to patients. Doctors are under pressure to take care of as many patients as they can. They also must conduct tests quickly, communicate among themselves, and read and write reports, all while providing quality patient care. These busy environments could lead to errors with disastrous consequences.

ER errors can include anything from misdiagnosis, to premature discharge of the patient. Most ER errors result from an absence of medical history, misinterpretation or test results or failure to consult with specialists. ER staff may also make mistakes in communicating with each other and patients, for example, failing to inform patients of symptoms of allergies, health issues or other conditions or giving incorrect advice.

To have grounds for an action for malpractice attorneys the plaintiff has to demonstrate that the medical professional infringed on the standard of care. The standard of care is defined as the degree of care a reasonable medical professional would provide in similar circumstances. The plaintiff must show that the negligence was responsible for their injury and damages. A successful plaintiff can seek compensation for past and future medical bills as well as physical pain and suffering, loss of wages and earning capacity and funeral expenses when appropriate.