Malpractice Litigation
Malpractice litigation can be a long and complex procedure. 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 violated that duty, and that injury resulted.
Various proposals have been made to modify the rules of law governing malpractice claims. They propose to replace the jury system and trial with a system that could reduce costs, expedite settlements, end overly generous juries, and eliminate fraudulent medical claims.
Undiagnosed
Misdiagnosis is one of the most prevalent forms of medical negligence. It occurs countless times each year, with devastating consequences, such as unnecessary surgery, lengthy hospital stays, or aggressive treatment. In some instances the wrong diagnosis can result in death.
To prove that there was a malpractice, the doctor must have breached his obligation to the patient by failing to diagnose an injury or illness correctly. In most cases, the inability of a doctor to provide the required medical care is established through an expert opinion. This can be a medical professional who has extensive knowledge of the type of illness that is being investigated. The expert must also prove that the doctor failed to properly add the condition to the list of differential diagnoses by using methods like asking additional questions, observing further, or ordering more tests as part of the diagnostic process.
A plaintiff must also show that the injuries caused by the misdiagnosis result of the breach of duty. This usually means establishing actual damages, Vimeo.Com such as future and past medical expenses as well as lost income, pain and suffering, shortened life expectancy and other losses. In addition, the victim must file the lawsuit within the statute of limitation which typically is two or three years after the date of the harm.
Incorrect Procedure
It’s not a pleasant thing to learn, but surgeons make the wrong decision on patients around 20 times per week. These surgical mistakes often leave patients with unanticipated medical costs and suffering and pain. A medical gonzales malpractice attorney lawyer can help you obtain the compensation you are entitled to for your losses.
A successful malpractice suit requires a strong case that proves the doctor is negligent. A claim of negligence that stems from a surgical error must show that the defendant’s course procedure was in violation of the standard of care that is expected to be offered by similarly trained doctors in similar circumstances. This can be demonstrated through expert testimony and a thorough examination of medical records.
During the discovery process, your attorney and the defense team will share relevant files for use in your case. These files could include surgical and medical documents, lab reports and documentation of your injury. The lawyer will interview witnesses to gather information on your case. When you meet with the witness, the opposing attorney will ask you questions under oath. This is known as a deposition.
Surgery that is performed at the wrong site is a relatively rare, but serious form of malpractice. This kind of malpractice is usually caused due to a doctor’s failure follow the surgical guidelines or the medical records of the patient. In this case it’s possible to prove that negligence took place. It’s not always easy to determine who is responsible.
Wrong Drugs
Every year, over one million Americans are injured or have their health conditions worsened due to drug-related errors. Doctors should exercise extreme caution when prescribing drugs to ensure that they are safe and appropriate for the patient. If the doctor’s actions are not in line with the medical standard of treatment and you suffer an injury as consequence, it could be considered to be malpractice.
Sometimes, the error doesn’t happen in the doctor’s office, but rather at the hospital. Nurses may misunderstand a prescribed medication and administer the wrong dose or medication. A pharmacy could also make a mistake by filling the incorrect medication or a medicine with harmful ingredients.
Our firm handles the most frequent medical malpractice claims. We get calls from clients who’s doctors prescribed the incorrect medication, causing them to suffer serious injuries, and even death. Our lawyers will determine who is at fault for the accident and where the error occurred in the chain of commands. We will help you determine the value of your losses. This includes medical expenses, lost wages, and pain and discomfort resulting from injuries sustained as a result of the error in your medication. The more severe your injuries, the more the damages. You deserve adequate compensation. We can assist you to get the compensation you deserve.
Emergency Room Errors
Emergency rooms can be stressful and high-pressure environments. This could be hazardous for patients. Doctors are usually under a lot of pressure to attend to as many patients as they can and must conduct tests swiftly, communicate with each other and write or read reports all while providing quality medical care to each patient. However, these hectic environments can result in mistakes that could cause catastrophic harm.
ER errors can include anything from misdiagnosis, to premature discharge of the patient. Most ER errors are caused by the absence of medical history, misinterpretation of test results or interpretation or a failure to consult with specialists. ER staff may also make mistakes when communicating with each other or with the patient, such as not mentioning the patient’s allergies or health conditions, or not giving the correct instructions to nurses.
In order to have grounds for a malpractice lawsuit, the plaintiff has to first prove that the medical professional breached the standard of care. The standard of care is defined as the standard of care that a reasonable medical professional could have provided under similar circumstances. The plaintiff must demonstrate that the negligence is responsible for their injuries and damages. A successful plaintiff may recover damages for past and future medical bills as well as physical suffering and pain, loss of wages and earning capacity, funeral expenses and funeral costs in the event that they are applicable.
