Malpractice Litigation
Slatington malpractice law firm litigation can be a lengthy complex process. It is essential for the patient or a legally appointed representative to prove that the physician violated the duty of care owed to them and that a repercussion resulted.
There have been a variety of proposals to change legal rules governing malpractice claims. These proposals would replace the trial and jury system by a different system that will lower costs, speed settlements, end overly large juries and screen out frivolous medical claims.
Misdiagnosis
Medical malpractice is often caused by mistaken diagnosis. It happens millions of times every year, and can have devastating consequences, such as unnecessary surgery, lengthy hospital stays, or even aggressive treatment. In some cases an error in diagnosis could cause death.
To prove benson malpractice law firm to prove malpractice, it must be proved that the doctor was bound by an obligation to the patient and breached this duty by failing to diagnose the injury or illness correctly. In the majority of instances, proving that the doctor’s inability to adhere to the standards of care requires an expert opinion, such as an expert in medical practice who has a vast knowledge of the type of illness involved in the instance. The expert must also show that the physician did not properly include the disease in his or her list of differential diagnoses by using methods like asking additional questions, making additional observations or requesting further tests to aid in the diagnostic process.
A plaintiff must also show that the injuries caused by the mistake were a direct result of the breach of duty. This usually means establishing actual damages, including future and past medical expenses and lost income, as well as the suffering of others, a reduced life expectancy and other damages. The plaintiff must also file the lawsuit within the statutes of limitations which usually are two or three years after the damage was incurred.
Incorrect Procedure
It may shock you to learn that surgeons carry out the incorrect procedure on a patient approximately 20 times per week. These mistakes in surgery often leave patients with unexpected medical expenses as well as pain and suffering. A medical malpractice lawyer can help you receive the compensation you are entitled to for your losses.
A successful malpractice lawsuit requires a strong claim of negligence on the part of the physician in the matter. A malpractice claim caused by a surgical error must demonstrate that the defendant’s actions diverged from the usual care that would have been provided by doctors who have similar training in similar circumstances. This can be accomplished through expert testimony and a thorough examination of medical records.
During the discovery process your attorney and defense team will share relevant documents to use in your case. These documents could include medical and surgery documents, lab reports and documentation of your injury. Your lawyer will also interview witnesses to gather evidence to support 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 surgery is a very rare and serious form of malpractice. This kind of malpractice typically results from an error made by the doctor who fails to follow the recommendations of a surgeon or the medical history of a patient. In this situation it is simple to demonstrate the negligence. It’s not always straightforward to decide which surgeon should be held responsible.
Wrong Drugs
Every year over one million Americans are injured or have their health conditions worsened by drug errors. Doctors must take extreme care when prescribing medication to ensure that they are safe and suitable for the patient. If you suffer serious injuries because of the doctor’s deviation from the standard medical practice it could be a case of malpractice.
Sometimes the error doesn’t occur in the doctor’s offices but in the hospital. A nurse may misread the prescription and give the wrong dose or medication. The pharmacy could also make an error in filling the incorrect medication or a drug that contains harmful ingredients.
Medication errors are the most common type of medical malpractice claim which our firm handles. We receive calls from clients who’s doctor prescribed them the wrong medication, which caused them to suffer serious injuries or even death. Our lawyers will determine who is accountable for the accident and where the error occurred in the chain of command. We will assist you in determining the value of your damages. This includes medical expenses, lost wages, and pain and discomfort resulting from injuries that you sustained as a result of the medication mistake. The more severe your injuries, the more your damages. You deserve adequate compensation. We can help you get the compensation you deserve.
Emergency Room Errors
Emergency rooms can be stressful and high-pressure environments. This can be a risk for the patients. Doctors are pressured to treat as many patients as they can. They also must conduct tests quickly, communicate among themselves, and read and write reports while also providing high-quality patient care. This can lead to mistakes with devastating consequences.
ER errors can include anything from misdiagnosis and premature discharge of the patient. Most ER errors are caused by the absence of medical history, misinterpretation or test results, and a failure to consult with specialists. ER staff may also make mistakes when communicating with each other or with the patient, like not letting the patient’s allergies, or any other health conditions, or not giving the correct instructions to nurses.
To have a basis to bring a austin malpractice attorney suit, the plaintiff must first prove that the medical professional acted in violation of the standard of care. The standard of care is the amount of care that an honest medical professional with the same training and experience would have given in similar circumstances. The plaintiff must show that the negligence was responsible for their injuries and damages. A successful plaintiff will be able to recover compensation for past or future medical bills along with pain and suffering, lost wages and earning potential, and funeral expenses, if applicable.