Malpractice Litigation

Malpractice litigation can be a lengthy complex process. It is essential for the patient or a legally appointed representative to show that the doctor violated the duty of care owed them and that a repercussion resulted.

There have been a variety of proposals to change legal rules governing malpractice claims. The idea is to replace the trial and jury system with a system that could reduce costs, speed settlements, eliminate overly large juries and screen out fraudulent medical claims.

Incorrect diagnosis

Medical malpractice is often caused by mistakes in diagnosis. It happens millions of times every year and can result in devastating consequences, like the need for surgery that is not needed or long hospital stays and excessively aggressive treatment. In some instances the wrong diagnosis can cause death.

To prove that there was a malpractice, the doctor must have breached his duty to the patient by not diagnosing an injury or illness correctly. In the majority of instances, proving that the doctor's failure to live up to the standards of care requires an expert opinion, such as a medical professional who is knowledgeable about the kind of illness that is involved in the instance. The expert should also demonstrate that the doctor did not adequately add the disease to the list of differential diagnosis by using methods such as asking additional questions, conducting further examinations or requesting further tests as part of the diagnosis process.

A plaintiff must also prove that the injuries caused by an error in diagnosis are a direct result from the breach of duty. This typically involves proving actual damages such as past or future medical expenses, income loss in the form of pain and discomfort, shortened life span and other damages. The plaintiff must also file a lawsuit within the statutes of limitations which typically are two or three years after the injury occurred.

Unskillful Procedure

It may be shocking to learn, but surgeons make the wrong decision on a patient about 20 times per week. These errors in surgery can result in unanticipated medical expenses and more pain for patients. A medical sussex malpractice lawyer lawyer can help you get the compensation you're due for your losses.

A successful malpractice case requires a strong claim of negligence on the part of the doctor in question. A north royalton malpractice law firm claim stemming from a surgical mistake must prove that the defendant's actions differed from the usual care that would have been provided by doctors who have similar training in similar situations. This can be accomplished through expert testimony as well as a thorough review of medical records.

During the discovery process, your attorney and the defense team will share relevant documents to be used in your case. The documents could include surgical and medical records, lab reports, as well as documentation of your injury. Your lawyer may also interview witnesses to gather evidence for your case. During the witness interview you will be asked questions under oath from the opposing counsel. This is referred to as a deposition.

Wrong-site surgeries are a rare but very serious type of malpractice. This type of malpractice is usually caused by a doctor's inability to follow the surgical guidelines or the patient's medical record. In this scenario, it is easy to prove the negligence. However, determining who should be held accountable is not always straightforward.

Wrong Drugs

Drug-related errors can cause injuries or worsening health issues in over a half a million Americans each year. Doctors should exercise extreme caution when prescribing medication to ensure that they are safe and suitable for the patient. If you sustain serious injuries because of a doctor's deviation from standard medical practice there could be an act of malpractice.

Sometimes, the error does not occur at the doctor's office, but rather at the hospital. For example nurses could miss-read a prescription and prescribe the wrong medication or dosage. The pharmacy could also make an error by filling in the incorrect medication or a drug that contains harmful ingredients.

Our firm deals with the most frequent medical hatboro malpractice attorney claims. We receive calls from clients who's doctor prescribed them the wrong medication, which caused them to suffer serious injuries and even death. Our lawyers will determine the source of the error within the chain of command and who is accountable for your injuries. We will then assist you to assign a value to your damages, which would include any medical costs or lost wages as well as suffering and pain resulting from the injuries you sustained as a result of the medication error. The more severe your injuries, the more the damages. You deserve adequate compensation. We can help you receive the settlement you deserve.

Emergency Room Errors

Emergency rooms are high-stress, high pressure environments that could be dangerous for patients. Doctors are pressured to treat as many patients as they can. They also must conduct tests quickly, communicate with themselves and write and read reports while also providing high-quality patient care. This pressure can lead to mistakes with catastrophic consequences.

ER errors can range from misdiagnosis to premature discharging of the patient. Most ER errors result from the absence of a medical history, misinterpretation or test results or failure to consult specialists. ER staff can make errors in communicating with each other or with the patient such as not communicating a patient's allergies or adverse health conditions, or not giving the correct instructions to nurses.

To be able to bring a lawsuit for malpractice, the plaintiff first has to prove that the medical professional infringed on the standard care. The standard of care is defined as the amount of care a reasonable medical professional could have provided under similar circumstances. The plaintiff must demonstrate that negligence was the reason for their injuries and damages. A successful plaintiff could recover compensation for future and past medical bills, physical pain and suffering loss of earnings, earning capacity as well as funeral expenses when appropriate.