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Malpractice Litigation

Malpractice litigation is often a long and complex procedure. It is the responsibility of the patient or an legally appointed representative to show that the doctor did not fulfill the duty of care owed them and that a repercussion resulted.

Many proposals were put forward to change the lawful guidelines governing medical malpractice. The trial and jury system was replaced by an alternative that would lower costs and speed up settlements. It would also eliminate juries that were too generous and eliminate fraudulent claims.

Undiagnosed

The misdiagnosis of a patient is among the most frequent forms of medical negligence. It happens thousands of times each year and can have devastating consequences, including the need for surgery that is not needed lengthy hospital stays and excessively aggressive treatment. In some cases, a misdiagnosis may even result in death.

To prove that there was a malpractice, the doctor must have breached his duty to the patient by not diagnosing an injury or illness in a timely manner. Most of the time, the inability of the doctor to provide the required medical care is established by an expert opinion. This can be a medical professional who has vast knowledge of the kind of illness being examined. The expert should also demonstrate that the physician failed to sufficiently add the illness to the list of differential diagnoses by using methods like asking additional questions, making additional observations or ordering additional tests in the diagnostic procedure.

A plaintiff must also demonstrate that the injuries caused by the mistake were the direct result of the breach of duty. This typically means establishing actual damages, like past and future medical expenses, lost income, the suffering of others, a reduced life expectancy and other losses. The victim must also file the lawsuit within the statutes of limitations that are typically two or three years after the damage occurred.

Unskillful Procedure

It may shock you to learn that surgeons perform the incorrect procedure on a patient around 20 times per week. These surgical mistakes often cause patients to be faced with unexpected medical expenses as well as suffering and pain. A skilled medical malpractice lawyer could assist you in obtaining the compensation you’re entitled to for your losses.

A successful malpractice lawsuit requires an enviable claim of negligence on the part of the physician in question. A vero beach malpractice lawyer claim stemming from a surgical error must show that the defendant’s actions differed from the standard of care that would have been offered by doctors who have similar training in similar situations. This can be done through expert testimony or a thorough analysis of medical documents.

During the discovery process your attorney and defense team will exchange pertinent documents for use in your case. The documents could comprise medical and surgical records, lab reports as well as documentation of your injury. Your lawyer will speak with witnesses to gather information regarding your case. During the interview with a witness, you will be questioned under oath, by the opposing counsel. This is known as a deposition.

The wrong-site procedure is a very rare but serious form of malpractice. This type of malpractice usually involves an error by a physician who fails to follow surgical recommendation records or a patient’s medical history. In this situation, it is easy to demonstrate the negligence. However, determining who should be held responsible is not always simple.

Wrong Drugs

Drug errors can lead to injury or worsen health conditions in more than half a million Americans every year. Doctors should exercise extreme caution when prescribing drugs to ensure that they are safe and appropriate for the patient. If you suffer serious injuries due to a doctor’s deviation from the standard medical care, it could be an act of malpractice.

Sometimes the error doesn’t occur in the doctor’s offices but rather in the hospital. For example the nurse could miss-read a prescription and prescribe the wrong medication or dosage. The pharmacy could also make mistakes by filling incorrect prescription or filling the medication with harmful ingredients.

Our firm deals with the most common medical malpractice claims. Our firm gets calls from clients who have been prescribed the wrong medicine by their medical professionals, resulting in severe injuries or even death. Our attorneys will determine where the error occurred in the chain of command, and who is accountable for your injuries. We will assist you in determining the value of your damages. This would include medical expenses, lost wages and discomfort and pain resulting from injuries you sustained due to the medication mistake. The more serious your injuries, the greater your damages. You deserve adequate compensation. We can help you obtain the settlement you deserve.

Emergency Room Errors

Emergency rooms are often high-stress and high-pressure environments. This can be risky for patients. Doctors are often under pressure to treat as many patients as they can and run tests as quickly as they can, communicate with each other and read or write reports while also providing high-quality treatment to each patient. These busy environments can lead to mistakes with catastrophic consequences.

ER errors can range from misdiagnosis and premature discharge of a patient. Most ER errors result from a lack of medical history, mistake in interpretation or test results or failure to consult specialists. ER staff can also make mistakes in communicating between themselves and patients, such as not communicating a patient’s health issues, allergies or other medical conditions or giving incorrect advice.

In order to be able for a lawsuit based on malpractice, the plaintiff first has to prove that the medical professional violated the standard of care. The standard of care is the standard of care that a reasonable medical professional with the same education and experience would have offered in similar circumstances. The plaintiff must demonstrate that the negligence was responsible for their injuries and damages. A successful plaintiff may recover damages for past and future medical bills, physical suffering and pain loss of earnings, earning capacity and funeral expenses in the event that they are applicable.