Malpractice Litigation

Malpractice litigation can be a long, complicated process. It is the responsibility of the patient or legally appointed representative to prove that the physician 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. These proposals would replace the jury system and trial with a system that could reduce costs, speed settlements, eliminate excessively generous juries, and eliminate unnecessary medical claims.

Misdiagnosis

Medical kent malpractice lawyer is usually caused by mistakes in diagnosis. It happens millions of times each year and can have devastating results, such as a need for unnecessary surgery lengthy hospital stays and unnecessarily aggressive treatment. In some cases an error in diagnosis could result in death.

To prove that there was a malpractice, the doctor must have breached his duty to the patient by failing to diagnose an illness or injury correctly. In the majority of cases, proving the doctor's failure to live up to the standards of care requires an expert opinion, such as an expert in medicine who is knowledgeable about the specific illness that is at issue in the case. The expert must also prove that the physician did not properly include the disease in the list of differential diagnoses using methods like asking further questions, making additional observations or ordering additional tests in the diagnostic process.

A plaintiff must also prove that the injuries caused by the misdiagnosis were the direct result of the breach of duty. This typically involves proving actual damages, such as future and past medical expenses, lost income, pain and suffering, shortened life expectancy and other losses. Finally, the victim must bring the lawsuit within the time limit of the statute of limitations which is usually two or three years from the date of the injury.

The wrong procedure

It might be shocking to learn that surgeons execute the wrong procedure on a patient around 20 times a week. These surgical errors typically 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 lawsuit requires an enviable claim of negligence on the part of the physician in question. A malpractice claim based on a surgery error must demonstrate that the defendant's actions were different from the usual care that would have been provided by a physician with the same training in similar situations. This can be achieved through expert testimony and a thorough examination of medical documents.

During the discovery process, your attorney and the defense team will exchange pertinent documents for use in your case. These documents can include medical and surgical reports, lab reports and evidence of your injuries. Your lawyer will interview witnesses in order to collect information about your case. When you meet with the witness, the attorney opposing you will question you under the oath. This is called a deposition.

Surgery that is performed at the wrong site is a relatively rare, but serious type of malpractice. This type of malpractice usually is caused by a doctor who fails to follow the recommendations of a surgeon or the medical history of a patient. In this case it is simple to demonstrate negligence. It's not always straightforward to determine which surgeon is accountable.

Wrong Drugs

Drug errors cause injuries or worsening health issues in more than a half million Americans each year. Doctors must exercise extreme care when prescribing medicines to ensure that they are safe and appropriate for the patient. If a doctor's decision isn't in line with the medical standard of treatment and you suffer an injury as result, it could be malpractice.

Sometimes, the error does not occur in the doctor's office or in the hospital. For example, vimeo a nurse might not have a proper understanding of a prescription and give the wrong dosage or medication. A pharmacy could also make an error by filling the incorrect prescription or filling the medication with harmful ingredients.

Our firm is able to handle the most frequent medical malpractice claims. We receive calls from patients whose doctors prescribed them the wrong medication, which caused them to suffer severe injuries or even death. Our lawyers will determine who was responsible for the injuries and determine where the error occurred in the chain of command. We will assist you in determining the value of your damages. This could include medical expenses, lost wages, discomfort and pain caused by injuries you sustained due to the mistake in your medication. The more severe your injuries, the greater the damages. You deserve adequate compensation. We can assist you in obtaining the settlement you require.

Emergency Room Errors

Emergency rooms can be stressful and high-pressure environments. This can be dangerous for the patients. Doctors are often under a lot of pressure to treat as many patients as possible and must run tests quickly and be in constant communication with each other and write or read reports while providing top-quality medical care to every patient. Unfortunately, these busy environments result in mistakes that could have catastrophic consequences.

ER errors can range from misdiagnosis, to premature discharge of a patient. The most frequent causes of ER errors are a lack of medical history as well as misinterpretation of results from tests and a failure to speak with specialists. ER staff may make errors when communicating with each other and with patients, for example, not communicating a patient's allergies, health problems or adverse reactions or giving incorrect advice.

To be able to bring a lawsuit for malpractice the plaintiff has to prove that the medical professional did not follow standard of care. The standard of care refers to the level of care that an honest medical professional with the same training and experience would have provided in similar circumstances. The plaintiff has to prove that this negligence caused their injury and the resulting damages. A successful plaintiff will be able to recover compensation for future or past medical bills, pain and suffering, lost earnings and earning potential as well as funeral expenses depending on the circumstances.