Malpractice Litigation
Lowell Malpractice Attorney litigation can be a long and complicated process. It is necessary for the patient or a legally appointed representative to show that the physician breached the duty of care that was owed to them and that a repercussion resulted.
A variety of ideas have been proposed to alter the legal rules that govern malpractice claims. They propose to replace the jury system and trial with an alternative that would reduce costs, expedite settlements, eliminate overly generous juries and screen out unsubstantial medical claims.
Incorrect diagnosis
Medical malpractice is often caused by misdiagnosis. It happens millions of times every year, and can have devastating consequences, including unneeded surgery, prolonged hospital stays, or even aggressive treatment. A mistake in diagnosis can cause death, as there are instances of serious injury or illness.
To prove that there was a malpractice, the doctor must have breached his duty to the patient by failing to diagnose an injury or illness correctly. In the majority of instances, proving a doctor’s inability to adhere to the standard of care requires a specialized opinion, such as that of a medical professional with a deep understanding of the specific illness that is at issue in the instance. The expert must also prove that the doctor didn’t add the disease to their differential diagnosis list by asking additional questions, conducting more examinations or ordering additional tests as part of the diagnosing procedure.
A plaintiff must also prove that the injuries resulting from a misdiagnosis are a direct result from the breach of duty. This usually means proving real damages such as past or future medical expenses, loss of income, pain and discomfort, shorter life spans, and other damages. Finally, the victim must bring the lawsuit within the statute of limitations, which is typically two or three years after the date of the harm.
The wrong procedure
It may shock you to discover that surgeons perform the wrong procedure on patients around 20 times a week. These mistakes in surgery often result in patients being faced with unanticipated medical costs and pain and suffering. An experienced medical malpractice lawyer can help you pursue the compensation you’re entitled to for your losses.
A successful malpractice lawsuit requires a convincing case of negligence on the part of the physician in the case. A claim of negligence due to an error in surgery must prove that the defendant’s course action deviated from the standard of care that would be offered by similarly trained doctors in similar circumstances. This can be accomplished through expert testimony and an extensive review of medical documents.
During the discovery process, your attorney and the defense team will share relevant files for use in your case. These documents could include surgical and medical reports, lab reports, as well as documentation of your injury. The lawyer will interview witnesses in order to gather information on your case. In the witness interview, you will be asked questions under oath, by the opposing counsel. This is known as a deposition.
Surgery performed on the wrong site is a rare but serious form of malpractice. This type of malpractice usually involves an error by an individual doctor who does not adhere to the surgical recommendations or the medical history of a patient. In this case, it is easy to demonstrate the negligence. However, determining which surgeon is liable for the negligence is not always simple.
Wrong Drugs
Drug errors can lead to harm or worsening of health conditions in more than a half million Americans every year. Doctors must exercise extreme caution when prescribing medications 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 care and you suffer severe injury as the result, it could be considered malpractice.
Sometimes, the error does not occur at the doctor’s office however, but instead at the hospital. For example a nurse may not have a proper understanding of a prescription and give the wrong medication or dosage. The pharmacy could also make an error by filling in the incorrect medication or a drug with harmful ingredients.
Medication errors are the most popular kind of medical malpractice case which our firm handles. We receive calls from clients who have been prescribed the wrong medication by their doctors which resulted in serious injuries or even death. Our attorneys will determine who was responsible for the injury and pinpoint where the error occurred within the chain of command. We will then help you assign a value to your damages, which will include any medical expenses as well as lost wages and the pain and suffering that resulted from the injuries you sustained due to the medication error. The more serious your injuries, the more you’ll be liable. 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 could be dangerous for patients. Doctors are often under pressure to take on as many patients as possible and must conduct tests swiftly and also communicate with each other and read or write reports while also providing high-quality care to each patient. However, these hectic environments can lead to mistakes that can result in devastating consequences.
ER mistakes range from mistaken diagnosis of a patient, to premature discharge. The most common causes of ER errors are inadequate medical history and misinterpretation of test results and a failure to consult specialists. ER staff can also make mistakes when communicating with each other and with patients, for example, not communicating a patient’s allergies, health problems or adverse reactions or giving incorrect directions.
To be able to file a catasauqua malpractice law firm lawsuit the plaintiff first needs to demonstrate that the medical professional violated the standard of care. The standard of care is the amount of care that a reasonable medical professional with the same education and experience would have provided in similar circumstances. The plaintiff must prove that negligence was the reason for their injury and damages. A successful plaintiff could recover damages for past and future medical bills as well as physical suffering and pain as well as loss of wages and earning capacity, funeral expenses and funeral costs where applicable.
