Malpractice Litigation Malpractice litigation can be a lengthy and complex process. It is the responsibility of the patient or an legally appointed representative to show that the physician violated the duty of care owed them, and that an injury resulted. A variety of ideas have been proposed to change legal rules governing malpractice claims. These proposals would replace the jury and trial system with a system that could reduce costs, speed settlements, eliminate overly generous juries and screen out fraudulent medical claims. Misdiagnosis Misdiagnosis is among the most prevalent forms of medical negligence. It happens thousands of times every year, and can result in devastating consequences, including the need for surgery that is not needed lengthy hospital stays and unnecessary treatment. An incorrect diagnosis could cause death, as in some cases that involve serious illness or injury. To prove that there was a malpractice, the doctor must have breached his obligation to the patient by not diagnosing an injury or illness accurately. Most of the time, the failure of the doctor to meet the standards of treatment is confirmed through an expert opinion. This could be a medical professional with vast knowledge of the kind of illness in question. The expert must also show that the doctor did not add the disease to their differential diagnosis list by asking additional questions, conducting more examinations or ordering additional tests to aid in the diagnosis process. A plaintiff also has to prove that the injuries caused by an error in diagnosis are a direct result from the breach of duty. This usually means proving actual damages such as past or future medical expenses, income loss in the form of pain and discomfort, shorter life spans and other expenses. The victim must also file the lawsuit within the statute of limitations which typically are two or three years after the incident occurred. Unskillful Procedure It could be a shock to discover that surgeons perform the incorrect procedure on a patient about 20 times a week. These mistakes can result in unanticipated medical costs and additional pain for patients. A medical malpractice lawyer can help you get the compensation you're entitled to for your losses. A successful malpractice lawsuit demands an enviable claim of negligence on the part of the doctor in the case. A claim of malpractice stemming from a surgical error must prove that the defendant's actions deviated from the standard of care that would have been offered by physicians with similar training in similar circumstances. This can be accomplished through expert testimony or a thorough analysis of medical documents. During the discovery process, your attorney and the defense team will share relevant files for use in your case. The documents could comprise medical and surgical reports, lab reports, and documentation of your injury. Your lawyer will interview witnesses to gather information on your case. In the course of the interview with the witness, the attorney opposing you will question you under an oath. This is referred to as a deposition. Surgery performed on the wrong site is a rare, but serious type of malpractice. This type of malpractice usually results from an error made by a physician who fails to follow surgical recommendation records or a patient's medical history. In such a situation it is simple to establish the negligence. However, determining which surgeon should be held liable is not always easy. Wrong Drugs Drug errors can lead to injuries or worsening health conditions in more than half a million Americans every year. Doctors must exercise extreme care when prescribing drugs to ensure that they are safe and appropriate for the patient. If the doctor deviates from the medical standard of care and you suffer severe injury as the result, it could be considered to be malpractice. Sometimes, the error does not occur in the doctor's offices or in the hospital. For example the nurse could miss-read a prescription and prescribe the wrong dosage or medication. A pharmacy may also make an error in filling the incorrect prescription or filling the medication with harmful ingredients. Our firm handles the most common medical malpractice claims. We receive calls from clients who were prescribed the wrong medicine by their physicians that resulted in severe injuries or even death. Our lawyers will determine who is accountable for the injuries and determine where the error occurred within the chain of command. We will help you determine the value of your damages, which could include medical expenses along with lost wages, suffering and pain resulting from the injuries you sustained because of the medication error. The greater the severity of your injuries, then the greater your damages. You deserve adequate compensation. We can assist you to get the settlement you require. Emergency Room Errors Emergency rooms can be stressful and high-pressure environments. This can be dangerous for the patients. Doctors are usually under a lot of pressure to see as many patients as possible and must conduct tests swiftly and also communicate with each other and read or write reports while delivering high-quality medical attention to every patient. Unfortunately, these busy environments cause mistakes that could cause catastrophic harm. ER errors range from mistakes in diagnosis to premature discharge. Most ER errors result from the absence of medical history, a misinterpretation or test results, and a failure to consult with specialists. ER staff may also make mistakes in communicating with one another or with the patient, like not letting the patient's allergies, or any other health conditions, or not giving the correct instructions to nurses. In order to have grounds to bring a malpractice suit, the plaintiff must first establish that the medical professional violated the standard of care. The standard of care refers to the level of care that an honest medical professional with the same education and experience would have offered in similar circumstances. The plaintiff must prove that negligence caused the injury and resulting damages. A successful plaintiff can seek compensation for past or future medical bills including pain and suffering loss of earnings and wages, and funeral expenses, when applicable.