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Malpractice Litigation

Malpractice litigation can be a long, complicated process. It is the responsibility of the patient or an legally appointed representative to prove that the physician violated the obligation of care owed to them and that a repercussion resulted.

A variety of ideas have been proposed to alter the legal rules that govern malpractice claims. These proposals would replace the trial and jury system with a system that could reduce costs, expedite settlements, end overly generous juries and screen out unnecessary medical claims.

The wrong diagnosis

Medical malpractice is usually caused by incorrect diagnosis. It happens thousands of times every year and can result in devastating results, such as the need for surgery that is not needed and long hospital stays and excessively aggressive treatment. A misdiagnosis can even result in death, in some cases that involve severe injuries or illness.

To prove malpractice law firm the evidence must show that the doctor was bound by a duty to the patient and breached the obligation by failing to recognize the injury or illness properly. Most of the time, the failure of the doctor to meet the standard of medical care is established by an expert's assessment. This can be an expert medical professional who has extensive knowledge of the type of illness that is being investigated. The expert must also prove that the doctor didn't add the disease to their list of differential diagnoses by asking additional questions, making more observations or requesting further tests as part of the diagnosing process.

A plaintiff must also show that the injuries resulting from an incorrect diagnosis result from the breach of duty. This usually means proving real damages such as past or future medical expenses, lost income in the form of pain and discomfort, shortened life span and other damages. Additionally, the plaintiff must file the suit within the time frame of the statute of limitations, which is typically two or three years from the date of the injury.

Incorrect Procedure

It could be a shock to learn that surgeons execute the incorrect procedure on a patient approximately 20 times per week. These mistakes in surgery often result in patients suffering unanticipated medical bills and pain and suffering. A medical malpractice lawyer can help you receive the compensation you deserve for your losses.

A successful malpractice Attorney case requires a strong case that proves the physician is negligent. A claim of negligence that stems from a surgical error needs to demonstrate that the defendant's course of actions was not in accordance with the standards of care that would be offered by similarly trained doctors in similar circumstances. This can be done through expert testimony and an extensive examination of medical records.

During the discovery process, your attorney and the defense team will exchange relevant files for use in your case. These documents may include surgical and medical reports, lab reports, and other evidence of your injuries. Your lawyer will also interview witnesses to gather evidence for your case. During the interview with a witness, the opposing attorney will ask you questions under oath. This is called a deposition.

Wrong-site surgeries are a relatively rare, but serious form malpractice. This kind of malpractice typically results from an error made by a physician who fails to follow the recommendations of a surgeon or the medical history of a patient. In this situation it is simple to prove negligence. It's not always straightforward to decide who is responsible.

Wrong Drugs

Every year, more than one million Americans are injured or have their health conditions worsened because of drug errors. Doctors should exercise extreme caution when prescribing medication to ensure that they are safe and appropriate for the patient. If you suffer serious injury because of a doctor's deviation from standard medical treatment it could be a case of negligent.

Sometimes, the error doesn't happen in the doctor's office however, but instead at the hospital. For example a nurse may not have a proper understanding of a prescription and give the wrong dosage or medication. A 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 frequent 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 determine who is accountable for the injuries and determine where the error occurred within the chain of command. We will then help you determine the value of your damages, which could include medical expenses or lost wages as well as suffering and pain resulting from the injuries you sustained because of the error in your medication. The more severe your injuries, the more the damages. You deserve adequate compensation. We can help you obtain the settlement you deserve.

Emergency Room Errors

Emergency rooms can be high-stress and high-pressure environments. This can be risky for the patients. Doctors are often under pressure to treat as many patients as they can and must run tests quickly and communicate with one another, and read or write reports while providing top-quality care to every patient. However, these hectic environments can lead to mistakes that can have catastrophic consequences.

ER errors include everything from mistakes in diagnosis to premature discharge. The most common causes of ER errors include an inadequate medical history as well as misinterpretation of results from tests and a failure to speak with specialists. ER staff may also make mistakes in communicating with each other or with the patient, such as not communicating the patient's allergies or other 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 acted in violation of the standard of care. The standard of care is defined as the standard of care that a reasonable medical professional would have offered under similar circumstances. The plaintiff is then required to show that their negligence caused them injury and the resulting damages. A successful plaintiff can seek damages for past and future medical bills as well as physical suffering and pain in addition to loss of wages, earning capacity and funeral expenses where appropriate.