Malpractice Litigation
page malpractice lawyer litigation can be a long, complicated process. It requires the patient, or a legally appointed representative, to show that the physician was bound by a duty of care, and that the doctor breached that duty and that injuries resulted.
Many proposals have been put forward to modify the rules of law governing malpractice claims. These proposals would replace the jury system and trial with a new system that would reduce costs, speed settlements, eliminate excessively large juries and screen out fraudulent medical claims.
Incorrect diagnosis
Medical malpractice is often caused by misdiagnosis. It happens thousands of times every year and can result in devastating consequences, including a need for unnecessary surgery, long hospital stays, and unnecessary treatment. In some instances an error in diagnosis could result in death.
To prove that there was a malpractice the evidence must show that the doctor was bound by an obligation to the patient and breached this duty by failing to diagnose the injury or illness correctly. In the majority of cases, the inability of the doctor to meet the standards of care is demonstrated through an expert opinion. This can be an expert in medicine who has vast knowledge of the kind of disease in question. The expert has to prove that the doctor did not add the disease to their differential diagnosis list by asking additional questions, observing more or requesting further tests to aid in the diagnosis procedure.
A plaintiff must also demonstrate that the injuries resulting from the misdiagnosis were a direct result of the breach of duty. This typically means establishing damages that are actual, such as past and future medical expenses as well as lost income, pain and suffering, shortened life expectancy and other losses. Additionally, the plaintiff must bring the suit within the time limit of the statute of limitations which is usually two or three years after the date of the injury.
Wrong Procedure
It can be shocking to learn that surgeons are performing the wrong procedure on patients around 20 times a week. These surgical errors typically result in patients being faced with unexpected medical expenses as well as pain and suffering. An experienced medical malpractice lawyer could assist you in obtaining the reimbursement you require for your losses.
A successful malpractice case requires a strong argument that the doctor is negligent. A claim of negligence due to an error in surgery must prove that the defendant's course actions was not in accordance with the standard of care that would be offered by similarly trained physicians in similar circumstances. This can be accomplished through expert testimony as well as a thorough review of medical records.
During the discovery process, your attorney and the defense team will exchange relevant documents to be used in your case. These documents may include medical and surgical reports, lab reports and documents of your injuries. Your lawyer will question witnesses to gather information on your case. During the interview with a witness, the opposing attorney will be able to ask you questions under swearing. This is known as a deposition.
Surgery performed on the wrong site is a rare, but serious type of malpractice. This kind of malpractice typically is caused by the doctor who fails to follow the surgical recommendation or the medical history of a patient. In this case it is simple to demonstrate negligence. It's not always simple to determine which surgeon is responsible.
Wrong Drugs
Drug errors can lead to injuries or worsening health conditions in more than a half million Americans every year. Doctors must exercise extreme care when prescribing medication 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 severe injury as the result, it could be considered malpractice.
Sometimes the error does not occur in the doctor's offices however, but instead at the hospital. For example, a nurse might miss-read a prescription and prescribe the wrong medication or dosage. A pharmacy could also make a mistake when filling a prescription with the wrong medication or one with harmful ingredients.
Our firm deals with the most frequent medical
pembroke park malpractice attorney claims. Our firm gets calls from clients who were given the wrong medication by their doctors which resulted in serious injuries or even death. Our lawyers will determine who is responsible for the injury and where the error occurred in the chain of command. We'll then help determine the value of your damages, which will include any medical expenses or lost wages as well as suffering and pain resulting from the injuries you suffered because of the error in your medication. The greater the severity of your injuries, the greater your damages. You deserve adequate compensation. We can help you obtain the settlement you require.
Emergency Room Errors
Emergency rooms are high-stress, high-pressure settings that pose a risk to patients. Doctors are under pressure to take care of as many patients as they can. They must also conduct tests quickly, communicate between themselves, and read and write reports and provide high-quality patient care. This pressure can lead to mistakes with catastrophic consequences.
ER errors range from the incorrect diagnosis of a patient to premature discharge. Most ER errors result from a lack of medical history, misinterpretation of test results or interpretation, and a failure to consult 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 any other health conditions or giving incorrect instructions to nurses.
To have grounds for a malpractice lawsuit, the plaintiff first has to show that the medical professional did not follow standard care. The standard of care is defined as the degree of care a reasonable medical professional would provide in similar circumstances. The plaintiff must prove that negligence was the reason for their injuries and damages. A successful plaintiff can seek damages for past and future medical bills as well as physical suffering loss of earnings, earning capacity, funeral expenses and funeral costs when appropriate.
