Malpractice Litigation

Malpractice litigation can be a long and complicated process. It is essential for the patient or legally appointed representative to prove that the doctor did not fulfill the duty of care that was owed to them and that an injury resulted.

A variety of ideas were proposed to alter the legal guidelines governing medical malpractice. The trial and jury system was replaced by an alternative which would reduce costs and speed up settlements, remove juries that are too generous, and screen out frivolous claims.

Incorrect diagnosis

Medical malpractice is usually caused by mistaken diagnosis. It happens thousands of times each year and can lead to devastating results, such as a need for unnecessary surgery, long hospital stays, or unnecessarily invasive treatment. In some cases a mistake in diagnosis can result in death.

To prove malpractice, the doctor must have breached his duty to the patient by not diagnosing an injury or illness accurately. Most of the time, the inability of a doctor to meet the standards of care is demonstrated by an expert's opinion. This can be an expert medical professional who has vast knowledge of the kind of disease in question. The expert must also prove that the physician failed to properly include the disease in his or her list of differential diagnosis by using methods such as asking additional questions, observing further or requesting further tests to aid in the diagnostic procedure.

A plaintiff also needs to prove that the injuries caused by the incorrect diagnosis were the direct result of the breach of duty. This usually means proving actual damages like past or future medical expenses, income loss or lost due to pain and discomfort diminished life span, and other losses. The victim must also file a lawsuit within the limitations period which typically are two or three years after the injury was incurred.

Wrong Procedure

It may shock you to discover that surgeons perform the wrong procedure on patients around 20 times a week. These surgical mistakes often cause patients to be faced with unanticipated medical costs and pain and suffering. A medical malpractice lawyer can assist you in obtaining the compensation you deserve for your losses.

A successful malpractice lawsuit demands a convincing case of negligence on the part of the doctor in the matter. A claim of malpractice that is based on a surgical error must show that the defendant's actions deviated from the standard of care that would have been offered by physicians with similar training in similar situations. This can be done through expert testimony or a thorough analysis of medical documents.

During the discovery phase in the discovery phase, your lawyer will exchange files with the defense team so that they can be used in your case. The documents could include surgical and medical records, lab reports, and evidence of your injury. Your lawyer may also interview witnesses to gather evidence for your case. During the witness interview, you will be questioned under oath by the opposing counsel. This is known as a deposition.

The wrong-site procedure is a very rare but very serious form of malpractice. This type of Price malpractice lawyer usually is caused by a physician who fails to follow surgical recommendation records or a patient's medical history. In such a situation, it is easy to establish the negligence. However, determining who should be held responsible is not always simple.

Wrong Drugs

Each year, more than a million Americans are injured or have their health conditions worsened due to drug-related errors. Doctors should exercise extreme caution when prescribing medicines to ensure that they are safe and appropriate for the patient. If the doctor deviates from the medical standard of care and you suffer severe injury as result, it could be agawam malpractice attorney.

Sometimes, the error does not occur in the doctor's office and instead occurs at the hospital. A nurse could misunderstand an order for medication and prescribe the incorrect dosage or medication. A pharmacy could also make a mistake by filling out the wrong prescription or one with harmful ingredients.

Our firm deals with the most frequent medical malpractice cases. We receive calls from clients who were prescribed the wrong drug by their doctor which resulted in serious injuries or even death. Our attorneys will work to determine where the error occurred within the chain of command, and who is accountable for your injuries. We will assist you in determining the value of your damages. This includes medical costs, lost wages and discomfort and pain resulting from injuries sustained as a result of the error in medication. The more severe your injuries, the greater the damages. You deserve adequate compensation. We can assist you in getting the compensation you deserve.

Emergency Room Errors

Emergency rooms are high-stress, high-pressure settings which can be hazardous for patients. Doctors are under pressure to care for as many patients as they can. They must also run tests quickly, interact with themselves, and read and write reports while providing top-quality patient treatment. Unfortunately, these busy environments create mistakes that could cause catastrophic harm.

ER mistakes range from misdiagnosis of a patient to premature discharge. The most common causes of ER errors are a lack of medical history, misinterpretation of test results and a failure to speak with specialists. ER staff may also make mistakes in communicating with each other or with the patient such as not communicating the patient's allergies or other health conditions or giving incorrect instructions to nurses.

To be able to establish grounds for a malpractice claim, the plaintiff has to first prove that the medical professional violated the standard of care. The standard of care is defined as the amount of care a reasonable medical professional would have offered in similar circumstances. The plaintiff must prove that this negligence caused their injury and damages. A successful plaintiff will be able to recover compensation for future or past medical bills including pain and suffering lost earnings and earning potential and funeral expenses, when applicable.