Malpractice Litigation
Malpractice litigation is often a long and complex process. It is the responsibility of the patient or legally appointed representative to prove that the physician breached the obligation of care owed to them, and that an injury resulted.
A variety of ideas have been proposed to change legal rules governing malpractice claims and replace the jury and trial system with a new system that would reduce costs, expedite settlements, eliminate excessively generous juries and screen out fraudulent medical claims.
The wrong diagnosis
Misdiagnosis is one of the most common forms of medical negligence. It occurs millions of times each year and can have devastating results, such as the need for surgery that is not needed, long hospital stays, and excessively aggressive treatment. A misdiagnosis could cause death, as in some cases involving severe illness or injury.
To prove malpractice, it must be demonstrated that the doctor was bound by obligations to the patient and violated this obligation by not diagnosing the condition or injury correctly. In most cases, proving the doctor's failure to live up to the standards of care requires an expert opinion, such as an expert in medicine with a deep understanding of the type of illness at play in the case. The expert must also prove that the doctor did not properly add the condition to the list of differential diagnosis by using methods like asking further questions, conducting further examinations or requesting additional tests as part of the diagnostic process.
A plaintiff must also show that the injuries caused by the misdiagnosis were the direct result of the breach of duty. This usually means proving real damages such as past or future medical expenses, income lost in the form of pain and discomfort, reduced life span, and other losses. The victim must also file a lawsuit within the limitations period that are typically two or three years after the damage was incurred.
The wrong procedure
It may be shocking to learn that surgeons perform the wrong procedure on a patient approximately 20 times a week. These surgical mistakes could lead to unanticipated medical costs and additional discomfort for patients. A skilled medical malpractice lawyers lawyer can assist you in obtaining the compensation you need for your losses.
A successful malpractice lawsuit demands a convincing claim of negligence on the part of the physician in the matter. A claim of malpractice that is based on a surgical error must demonstrate that the defendant's actions differed from the usual care that would have been offered by physicians with similar training in similar situations. This can be accomplished by expert testimony and a thorough review of medical records.
During the discovery phase where your attorney will exchange documents with the defense team so that they can be used in your case. These documents could include medical and surgical documents, lab reports, and documents of your injuries. Your lawyer will interview witnesses in order to collect information about your case. During the interview with a witness, you will be asked questions under oath from the opposing counsel. This is referred to as a deposition.
Surgery performed on the wrong site is a rare, but serious type of malpractice. This type of Malpractice attorney usually is the result of an individual doctor who does not follow the surgical recommendation or a patient's medical history. In such a situation it is simple to prove the negligence. It's not always simple to determine which surgeon should be held responsible.
Wrong Drugs
Each year, more than a million Americans are injured or have their health issues worsened by errors in prescription drugs. Doctors must exercise extreme care when prescribing drugs, to ensure they are safe and appropriate for the patient. If a doctor's prescription is not in accordance with the medical standard of care and you suffer severe injury as result, it could be malpractice.
Sometimes, the error does not occur in the doctor's office, but rather at the hospital. For instance the nurse could mistakenly interpret a prescription, and then administer the wrong medication or dosage. A pharmacy could also be negligent by filling out the wrong prescription or a medication with harmful ingredients.
Our firm handles the most common medical malpractice cases. We receive calls from clients who's doctors prescribed the wrong medication, causing them to suffer serious injuries or even death. Our attorneys will work to identify the place where the error occurred in the chain of command and who's accountable for your injuries. We will then help you assign a value to your damages, which would include any medical costs as well as lost wages and the pain and suffering that resulted from the injuries you sustained due to the medication error. The more severe your injuries, the greater the damages. You deserve adequate compensation. We can help you receive the compensation you deserve.
Emergency Room Errors
Emergency rooms can be stressful and high-pressure environments. This can be dangerous for the patients. Doctors are pressured to treat as many patients as they can. They must also run tests quickly, interact with themselves, and read and write reports and provide high-quality patient care. These hectic environments can lead to mistakes with disastrous consequences.
ER errors range from mistakes in diagnosis to premature discharge. The most common causes of ER mistakes are an insufficient medical history as well as misinterpretation of results from tests and a failure to consult specialists. ER staff may also make mistakes in communicating with each other and with patients, for example, not communicating a patient's health issues, allergies or other medical conditions, or giving incorrect instructions.
To be able to file an action for malpractice lawyer the plaintiff has to show that the medical professional did not follow standard of care. The standard of care is the standard of care that a reasonable medical professional with the same education and experience would have given in similar circumstances. The plaintiff must prove that negligence was the reason for their injuries 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 as well as funeral expenses where applicable.
Malpractice litigation is often a long and complex process. It is the responsibility of the patient or legally appointed representative to prove that the physician breached the obligation of care owed to them, and that an injury resulted.
A variety of ideas have been proposed to change legal rules governing malpractice claims and replace the jury and trial system with a new system that would reduce costs, expedite settlements, eliminate excessively generous juries and screen out fraudulent medical claims.
The wrong diagnosis
Misdiagnosis is one of the most common forms of medical negligence. It occurs millions of times each year and can have devastating results, such as the need for surgery that is not needed, long hospital stays, and excessively aggressive treatment. A misdiagnosis could cause death, as in some cases involving severe illness or injury.
To prove malpractice, it must be demonstrated that the doctor was bound by obligations to the patient and violated this obligation by not diagnosing the condition or injury correctly. In most cases, proving the doctor's failure to live up to the standards of care requires an expert opinion, such as an expert in medicine with a deep understanding of the type of illness at play in the case. The expert must also prove that the doctor did not properly add the condition to the list of differential diagnosis by using methods like asking further questions, conducting further examinations or requesting additional tests as part of the diagnostic process.
A plaintiff must also show that the injuries caused by the misdiagnosis were the direct result of the breach of duty. This usually means proving real damages such as past or future medical expenses, income lost in the form of pain and discomfort, reduced life span, and other losses. The victim must also file a lawsuit within the limitations period that are typically two or three years after the damage was incurred.
The wrong procedure
It may be shocking to learn that surgeons perform the wrong procedure on a patient approximately 20 times a week. These surgical mistakes could lead to unanticipated medical costs and additional discomfort for patients. A skilled medical malpractice lawyers lawyer can assist you in obtaining the compensation you need for your losses.
A successful malpractice lawsuit demands a convincing claim of negligence on the part of the physician in the matter. A claim of malpractice that is based on a surgical error must demonstrate that the defendant's actions differed from the usual care that would have been offered by physicians with similar training in similar situations. This can be accomplished by expert testimony and a thorough review of medical records.
During the discovery phase where your attorney will exchange documents with the defense team so that they can be used in your case. These documents could include medical and surgical documents, lab reports, and documents of your injuries. Your lawyer will interview witnesses in order to collect information about your case. During the interview with a witness, you will be asked questions under oath from the opposing counsel. This is referred to as a deposition.
Surgery performed on the wrong site is a rare, but serious type of malpractice. This type of Malpractice attorney usually is the result of an individual doctor who does not follow the surgical recommendation or a patient's medical history. In such a situation it is simple to prove the negligence. It's not always simple to determine which surgeon should be held responsible.
Wrong Drugs
Each year, more than a million Americans are injured or have their health issues worsened by errors in prescription drugs. Doctors must exercise extreme care when prescribing drugs, to ensure they are safe and appropriate for the patient. If a doctor's prescription is not in accordance with the medical standard of care and you suffer severe injury as result, it could be malpractice.
Sometimes, the error does not occur in the doctor's office, but rather at the hospital. For instance the nurse could mistakenly interpret a prescription, and then administer the wrong medication or dosage. A pharmacy could also be negligent by filling out the wrong prescription or a medication with harmful ingredients.
Our firm handles the most common medical malpractice cases. We receive calls from clients who's doctors prescribed the wrong medication, causing them to suffer serious injuries or even death. Our attorneys will work to identify the place where the error occurred in the chain of command and who's accountable for your injuries. We will then help you assign a value to your damages, which would include any medical costs as well as lost wages and the pain and suffering that resulted from the injuries you sustained due to the medication error. The more severe your injuries, the greater the damages. You deserve adequate compensation. We can help you receive the compensation you deserve.
Emergency Room Errors
Emergency rooms can be stressful and high-pressure environments. This can be dangerous for the patients. Doctors are pressured to treat as many patients as they can. They must also run tests quickly, interact with themselves, and read and write reports and provide high-quality patient care. These hectic environments can lead to mistakes with disastrous consequences.
ER errors range from mistakes in diagnosis to premature discharge. The most common causes of ER mistakes are an insufficient medical history as well as misinterpretation of results from tests and a failure to consult specialists. ER staff may also make mistakes in communicating with each other and with patients, for example, not communicating a patient's health issues, allergies or other medical conditions, or giving incorrect instructions.
To be able to file an action for malpractice lawyer the plaintiff has to show that the medical professional did not follow standard of care. The standard of care is the standard of care that a reasonable medical professional with the same education and experience would have given in similar circumstances. The plaintiff must prove that negligence was the reason for their injuries 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 as well as funeral expenses where applicable.