Malpractice Litigation
Haddonfield Malpractice Law Firm litigation can be a long and complicated process. It is the responsibility of the patient or an legally appointed representative to prove that the doctor violated the duty of care owed them and that a repercussion resulted.
Various proposals have been made to change legal rules governing malpractice claims. These proposals would replace the jury and trial system with a system that could reduce costs, expedite settlements, eliminate overly large juries and screen out unsubstantial medical claims.
Undiagnosed
Misdiagnosis is one of the most common types of medical negligence. It happens a lot each year and can have devastating consequences, including the need for unneeded surgery lengthy hospital stays and unnecessarily aggressive treatment. In some cases a mistake in diagnosis can result in death.
To establish malpractice, the doctor must have breached his obligation to the patient by not diagnosing an injury or illness correctly. In the majority of cases, inability of a doctor to perform the required treatment is confirmed through an expert opinion. This could be a medical professional with vast knowledge of the kind of illness being examined. The expert must also show that the doctor did not adequately add the disease to the list of differential diagnoses by using methods like asking further questions, conducting further examinations or requesting further tests in the diagnostic procedure.
A plaintiff must also show that the injuries resulting from the mistake were the direct result of the breach of duty. This usually involves establishing damages that are actual, such as future and past medical expenses as well as lost income, suffering and pain, shortened life expectancy, and other damages. The plaintiff must also file the lawsuit within the statute of limitations which typically are two or three years after the incident occurred.
Wrong Procedure
It might be shocking to learn that surgeons execute the incorrect procedure on patients around 20 times a week. These surgical errors often result in patients suffering unexpected medical expenses as well as pain and suffering. A medical malpractice lawyer can assist you in obtaining the compensation you’re due for your losses.
A successful malpractice suit requires a strong argument that the physician is negligent. A claim of malpractice based on a surgery error must prove that the defendant’s actions deviated from the standard care that would have been offered by physicians with similar training in similar circumstances. This can be accomplished by expert testimony or a thorough analysis 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 reports, lab reports, and documentation of your injury. The lawyer will interview witnesses to gather information about your case. During the witness interview you will be questioned under oath by the opposing counsel. This is referred to as a deposition.
Wrong-site surgeries are a rare but very serious type of malpractice. This kind of negligence is usually caused due to a doctor’s failure adhere to the surgical recommendations or the patient’s medical record. In this case it’s possible to establish that negligence occurred. However, determining which surgeon should be held accountable isn’t always easy.
Wrong Drugs
Every year over one million Americans are injured or have their health issues worsened by errors in prescription drugs. Doctors must take extreme care when prescribing drugs to ensure that they are safe and suitable for the patient. If a doctor’s decision isn’t in line with the medical standard of care and you suffer a severe injury as a result, it may be considered malpractice.
Sometimes, the error does not occur at the doctor’s office and instead occurs at the hospital. A nurse may misread the prescription and give the wrong dose or medication. A pharmacy could also be negligent by filling in the wrong medication or a medicine with harmful ingredients.
Our firm deals with the most frequent medical malpractice cases. Our firm receives calls from clients who were given the wrong medication by their doctor and have suffered severe injuries or even death. Our attorneys will determine who was responsible for the injury and pinpoint where the error occurred in the chain of command. We will help you assign a value to your damages. This would include any medical expenses along with lost wages, suffering and pain that results from the injuries you sustained because of the medication error. The more serious your injuries, the greater your damages. You deserve adequate compensation. We can assist you to get the settlement you require.
Emergency Room Errors
Emergency rooms can be high-stress and high-pressure environments. This could be hazardous for the patients. Doctors are under pressure to treat as many patients as they can. They must also conduct tests quickly, communicate with themselves, and read and write reports and provide high-quality patient care. These busy environments can lead to errors that can have catastrophic consequences.
ER errors can range from misdiagnosis and premature discharge of patients. Most ER errors result from an absence of medical history, mistake in interpretation or test results or failure to consult with specialists. ER staff can also make mistakes in communicating with each other and patients, such as failing to inform patients of allergies, adverse health conditions, or giving incorrect instructions.
To be able to establish grounds for a calhoun malpractice lawyer lawsuit the plaintiff must first establish that the medical professional violated the standard of care. The standard of care is the amount of care that an honest medical professional with the same education and experience would have provided in similar circumstances. The plaintiff must then show that their negligence caused them injury and damages. A successful plaintiff may recover damages for past and future medical bills, physical suffering and pain loss of earnings, earning capacity, funeral expenses and funeral costs when appropriate.