Malpractice Litigation

The process of bringing a lawsuit for malpractice is usually an extended and complex process. It requires the patient or a legally authorized representative, to show that the doctor had a duty to care, and that the doctor did not fulfill that duty and injuries resulted.

A variety of ideas have been proposed to modify the rules of law governing malpractice claims. They propose to replace the jury system and trial with an alternative that would reduce costs, speed settlements, end overly generous juries, and eliminate fraudulent medical claims.

Incorrect diagnosis

Medical malpractice is usually caused by incorrect diagnosis. It occurs in a multitude of instances every year, with devastating consequences, including unnecessary surgery, prolonged hospital stays, or aggressive treatment. In some cases, a misdiagnosis may even cause death.

To prove malpractice the evidence must show that the doctor owed the patient a duty and breached the duty by failing to diagnose the injury or illness correctly. In the majority of cases, inability of the doctor to meet the standard of treatment is confirmed by an expert's assessment. This could be an expert in medicine who has extensive knowledge of the type of illness in question. The expert must also show that the doctor didn't add the disease to their differential diagnosis list by asking additional questions, or making further observations or ordering additional tests in the diagnosis procedure.

A plaintiff must also show that the injuries resulting from the misdiagnosis result of the breach of duty. This usually involves proving actual damages such as past or future medical expenses, income lost as well as pain and discomfort, diminished life span, and other damages. Additionally, the plaintiff must bring the lawsuit within the time frame of the statute of limitations which is usually two or three years after when the damage occurred.

The wrong procedure

It may shock you to discover that surgeons perform the wrong procedure on a patient about 20 times a week. These mistakes in surgery often cause patients to be faced with unanticipated medical bills and pain and suffering. A skilled medical centennial malpractice lawsuit lawyer can help you pursue the compensation you're entitled to for your losses.

A successful malpractice case requires a strong claim of negligence on the part of the doctor in the dispute. A claim of malpractice stemming from a surgical mistake must prove that the defendant's actions deviated from the standard of care that would have been offered by a physician with the same training in similar circumstances. This can be accomplished through expert testimony and a thorough review of medical records.

During the discovery phase where your attorney will exchange files with the defense team so that they can be used in your case. These documents may include medical and surgical records, lab reports and documentation of your injuries. Your lawyer will also interview witnesses to gather information to support your case. During the witness interview you will be asked questions under oath, by the opposing counsel. This is called a deposition.

The wrong-site procedure is a very rare but serious form of malpractice. This type of malpractice usually is the result of an individual doctor who does not follow surgical recommendation records or the medical history of a patient. In this scenario, it is easy to establish the negligence. It's not always straightforward to decide who is responsible.

Wrong Drugs

Each year, more than a million Americans are injured or have their health conditions worsened by drug errors. Doctors must exercise extreme caution when prescribing drugs to ensure that they are safe and appropriate for the patient. If you sustain serious injuries because of a doctor's deviations from the standard medical treatment there could be campbell malpractice lawyer.

Sometimes, the error doesn't occur at the doctor's office and instead occurs at the hospital. A nurse might misunderstand a prescribed medication and administer the wrong dosage or medication. A pharmacy could also make a mistake when filling a prescription with the wrong medication or a medication with harmful ingredients.

Medication errors are the most popular type of medical malpractice claim that our firm takes care of. We get calls from clients whose doctors prescribed them the incorrect medication, causing them to suffer serious injuries, and even death. Our lawyers will determine who was responsible for the injury and where the error occurred in the chain of command. We will help you assign a value to your damages. This would include any medical costs along with lost wages, suffering and pain that results from the injuries you suffered because of the medication error. The more serious your injuries, the greater your 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 environments that pose a risk to patients. Doctors are pressured to treat as many patients as they can. They must also run tests quickly, communicate with themselves and write and read reports, all while providing quality patient care. This pressure can result in mistakes that have devastating consequences.

ER errors can include anything from misdiagnosis, to premature discharge of patients. The most frequent causes of ER errors are inadequate medical history and misinterpretation of test results and a failure to speak with specialists. ER staff can make errors in communicating with one another or with patients, such as not communicating the patient's allergies, or any other health conditions, or not giving the correct instructions to nurses.

To be able to bring a lawsuit for malpractice the plaintiff first needs to establish that the medical professional infringed on the standard care. The standard of care is the level of care that a reasonable medical professional with the same education and experience would have given in similar circumstances. The plaintiff is then required to show that their negligence caused them injury and resulting damages. A successful plaintiff can seek compensation for past or future medical bills including pain and suffering earnings potential and lost wages, and funeral expenses, when applicable.