Malpractice Litigation
Malpractice litigation can be a lengthy, complicated process. It is necessary for the patient or legally appointed representative to show that the doctor violated the duty 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 trial and jury system with an alternative that would reduce costs, expedite settlements, end overly generous juries and screen out frivolous medical claims.
Incorrect diagnosis
Medical malpractice is often caused by misdiagnosis. It occurs countless times every year, and can have devastating results, including unnecessary surgery, lengthy hospital stays, or aggressive treatment. In some instances, a misdiagnosis may even cause death.
To prove that there was a plant city malpractice lawyer to prove dunmore malpractice lawyer, it must be proved that the doctor was bound by the patient a duty and violated this duty by failing to diagnose the condition or injury correctly. Most of the time, the inability of a doctor to provide the required treatment is confirmed by an expert’s opinion. This can be an expert in medicine who has vast knowledge of the kind of illness being examined. The expert must also demonstrate that the doctor did not properly include the disease in his or her list of differential diagnosis using methods like asking additional questions, conducting further examinations or ordering additional tests in the diagnostic procedure.
A plaintiff must also prove that the injuries resulting from an incorrect diagnosis result of the breach of duty. This usually involves proving real damages such as past or future medical expenses, income loss, pain and discomfort, diminished life span, and other expenses. The victim must also file the lawsuit within the statutes of limitations which usually are two or three years after the harm was incurred.
Incorrect Procedure
It may be shocking to learn that surgeons execute the incorrect procedure on patients around 20 times per week. These surgical errors could lead to unexpected medical expenses and further discomfort for patients. A medical malpractice lawyer can help you obtain the compensation you are entitled to for your losses.
A successful malpractice case requires a strong claim that the physician is negligent. A claim of negligence stemming from a surgical error needs to demonstrate that the defendant’s course action was different from the standards of care that would be offered by similarly trained physicians in similar circumstances. This can be accomplished by expert testimony or a thorough analysis of medical records.
During the discovery phase during the discovery phase, your attorney will share files with the defense team to be used in your case. The documents could include surgical and medical records, lab reports and documentation of your injury. Your lawyer will also interview witnesses to gather evidence to support your case. During the interview with a witness you will be asked questions under oath from the opposing counsel. This is known as a deposition.
Surgery that is performed at the wrong site is a relatively rare, but serious type of malpractice. This type of negligence is usually caused due to a doctor’s failure follow the surgical guidelines or the medical record of the patient. In this case it is simple to demonstrate negligence. It’s not always easy to decide which surgeon should be held responsible.
Wrong Drugs
Drug-related errors can cause harm or worsening of health conditions in more than a half million Americans each year. Doctors must use extreme care when prescribing drugs, to ensure that they are safe and appropriate for the patient. If you sustain serious injuries due to a doctor’s deviation from the standard medical treatment, it could be malpractice.
Sometimes, the error does not occur in the doctor’s offices, but rather at the hospital. Nurses may misunderstand a prescribed medication and administer the incorrect dosage or medication. A pharmacy may also be negligent by filling the incorrect medication or a medicine with harmful ingredients.
Our firm handles the most frequent medical malpractice cases. Our firm gets calls from clients who were prescribed the wrong drug by their medical professionals, resulting in severe injuries or even death. Our attorneys will determine where the error happened in the chain of command and determine who is responsible for your injuries. We will help you assign a value to your damages, which will include medical expenses as well as lost wages and the pain and suffering that resulted from the injuries you sustained because of the medication error. The more severe your injuries, then the greater your damages. You deserve adequate compensation. We can assist you to get the compensation you deserve.
Emergency Room Errors
Emergency rooms are high-stress and high-pressure environments that can be dangerous for patients. Doctors are usually under a lot of pressure to treat as many patients as they can and are required to run tests quickly and communicate with one another, and read or write reports while providing top-quality care to every patient. Unfortunately, these busy environments cause mistakes that could result in catastrophic consequences.
ER errors can range from misdiagnosis, to premature discharge of a patient. Most ER errors result from an absence of medical history, a misinterpretation or test results or a failure to consult with specialists. ER staff can also make mistakes in communicating with each other or with the patient, such as not mentioning a patient’s allergies or adverse health conditions or giving incorrect instructions to nurses.
To be able to bring a malpractice lawsuit the plaintiff has to show that the medical professional infringed on the standard care. The standard of care is defined as the standard of care that a reasonable medical professional would have provided under similar circumstances. The plaintiff is then required to show that their negligence caused them injury and subsequent damages. A successful plaintiff can recover compensation for past and future medical bills as well as physical suffering and pain, loss of wages and earning capacity as well as funeral expenses in the event that they are applicable.