Malpractice litigation can be a long and complicated process. It is necessary for the patient or an legally appointed representative to prove that the physician breached the obligation of care owed to them and that an injury resulted.
Various proposals have been made to change the legal rules governing malpractice claims. The idea is to replace the jury and trial system by a different system that will lower costs, speed settlements, reduce excessively generous juries and filter out fraudulent medical claims.
Misdiagnosis
Medical malpractice is often caused by mistakes in diagnosis. It occurs in a multitude of instances every year, resulting in devastating consequences, such as unnecessary surgery, lengthy hospitalizations, malpractice lawsuit or invasive treatment. A mistake in diagnosis can lead to death, as there are instances of severe injuries or illness.
To prove malpractice, the doctor must have breached his obligation to the patient by failing to diagnose an injury or illness in a timely manner. In most cases, proving the doctor's failure to live up to the standard of care requires an expert opinion, for instance, from a medical professional who has a vast knowledge of the specific illness that is at issue in the instance. The expert must also prove that the physician did not properly add the condition to his or her list of differential diagnoses by using methods such as asking additional questions, making further observations or requesting further tests as part of the diagnosis process.
A plaintiff also has to prove that the injuries resulting from the misdiagnosis result of the breach of duty. This usually means establishing damages that are actual, such as past and future medical expenses, lost income, suffering and pain, shortened life expectancy, and other damages. The plaintiff must also file the suit within the statutes of limitations, which are usually two or three years after the injury occurred.
Unskillful Procedure
It could be a shock to learn that surgeons carry out the incorrect procedure on a patient around 20 times a week. These errors in surgery can result in unanticipated medical expenses and more suffering for patients. A medical malpractice claim lawyer can assist you in obtaining the compensation you deserve for your losses.
A successful malpractice attorneys lawsuit requires a strong case that proves the physician is negligent. A claim of malpractice stemming from a surgical error must show that the defendant's actions deviated from the standard care that would have been provided by doctors with similar training in similar circumstances. This can be demonstrated through expert testimony and a thorough examination of medical documents.
During the discovery process your attorney and defense team will exchange pertinent documents for use in your case. These documents may include medical and surgical reports, lab reports, and documentation of your injury. Your lawyer may also interview witnesses to gather information to support your case. During the interview with a witness, the attorney opposing you will be able to ask you questions under oath. This is referred to as a deposition.
Wrong-site surgeries are a rare but very serious type of malpractice. This type of error is usually caused by a physician's failure to follow the surgical recommendation records or the patient's medical record. In this case it is possible to demonstrate that negligence was the cause. It is not always easy to determine which surgeon is accountable.
Wrong Drugs
Every year over a million Americans are injured or have their health conditions worsened by errors in prescription drugs. Doctors must exercise extreme care when prescribing medication to ensure that they are safe and suitable for the patient. If a doctor's prescription is not in accordance with the medical standard of treatment and you suffer an injury as consequence, it could be considered malpractice law.
Sometimes, the error doesn't occur in the doctor's offices or in the hospital. For example, a nurse might misread a prescription and administer the wrong dosage or medication. A pharmacy can also make a mistake when filling a prescription with the wrong medication or one with harmful ingredients.
Medication errors are the most common kind of medical malpractice attorneys claim that our firm deals with. Our firm is frequently contacted by clients who have been given the wrong medication by their doctor, resulting in severe injuries or even death. Our lawyers will determine who is accountable for the injuries and determine where the error occurred in the chain of command. We'll then help determine the value of your damages. This would include any medical costs as well as lost wages and pain and suffering resulting from the injuries you suffered because of the medication error. The more severe your injuries, 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, high-pressure environments that could be dangerous for patients. Doctors are usually under a lot of pressure to attend to as many patients as possible and are required to run tests quickly and also communicate with each other, and read or write reports while providing top-quality care to each patient. These hectic environments could lead to errors with catastrophic consequences.
ER errors can include anything from misdiagnosis to premature discharge of a patient. The most common causes of ER mistakes are an insufficient medical history and misinterpretation of test results and failure to consult with specialists. ER staff may 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 not giving the correct instructions to nurses.
In order to have grounds for a malpractice lawsuit the plaintiff must first demonstrate that the medical professional breached the standard of care. The standard of care is defined as the level of care that a reasonable medical professional would have offered in similar circumstances. The plaintiff must prove that negligence led to their injury and resulting damages. A successful plaintiff will be able to recover compensation for past or future medical bills as well as pain and suffering, earnings potential and lost wages, and funeral expenses, when applicable.
