Malpractice Litigation

logansport malpractice attorney litigation can be a lengthy complicated procedure. It requires the patient, or a legally-appointed representative, to show that the physician owed them a duty of care, and that the doctor did not fulfill that duty and harm resulted.

Many proposals have been put forward to change legal rules governing malpractice claims. These proposals would replace the jury and trial system with an alternative that would reduce costs, speed settlements, reduce excessively large juries and screen out unnecessary medical claims.

The wrong diagnosis

Medical malpractice is often caused by mistakes in diagnosis. It occurs in a multitude of instances every year, resulting in devastating results, including unnecessary surgery, lengthy hospital stays, or ad hoc treatment. A misdiagnosis can even result in death in some cases that involve serious injuries or illness.

To prove malpractice, the doctor must have breached his duty to the patient by not diagnosing an illness or injury correctly. In the majority of cases, proving the doctor's inability to adhere to the standards of care requires an expert opinion, such as from a medical professional with a deep understanding of the type of illness at play in the case. The expert must also prove that the doctor did not adequately add the disease to his or her list of differential diagnoses by using methods such as asking additional questions, conducting further examinations, or ordering more tests to aid in the diagnostic process.

A plaintiff also has to prove that the injuries caused by a misdiagnosis are a direct result of the breach of duty. This usually means proving real damages such as past or future medical expenses, loss of income in the form of pain and attorneys discomfort, shortened life span, and other expenses. The victim must file the suit within the statute of limitation which is typically two or three years after when the damage occurred.

Wrong Procedure

It may be shocking to learn that surgeons carry out the wrong procedure on a patient around 20 times per week. These surgical errors can lead to unanticipated medical costs and additional pain for patients. A medical malpractice lawyer can help you obtain the compensation you are entitled to for your losses.

A successful malpractice lawsuit demands an enviable claim of negligence on the part of the doctor in the dispute. A claim of malpractice that is based on a surgical error must demonstrate that the defendant's actions deviated from the standard care that would have been provided by a physician with the same training in similar circumstances. This can be accomplished by expert testimony or a thorough analysis of medical records.

During the discovery process your attorney and defense team will share relevant documents to be used in your case. The documents could include medical and surgery records, lab reports as well as documentation of your injury. Your lawyer will question witnesses in order to gather information about your case. When you meet with the witness, the opposing attorney will be able to ask you questions under an oath. This is called a deposition.

Wrong-site surgeries are a rare but very serious type of malpractice. This kind of malpractice typically is caused by a doctor who fails to follow the recommendations of a surgeon or a patient's medical history. In this scenario it is possible to demonstrate that negligence was the cause. However, determining which surgeon is liable for the negligence is not always simple.

Wrong Drugs

Every year, more than one million Americans are injured or have their health conditions worsened due to drug-related errors. Doctors must exercise extreme caution when prescribing medications, to ensure that they are appropriate and safe for the patient. If a doctor's prescription is not in accordance with the medical standard of care and you suffer serious injury as consequence, it could be a case of malpractice.

Sometimes, the error does not occur in the doctor's offices and instead occurs at the hospital. For instance the nurse could mistakenly interpret a prescription, and then administer the wrong dosage or medication. A pharmacy could also make a mistake by filling out the wrong prescription or one with harmful ingredients.

Our firm handles the most common medical malpractice claims. We receive calls from clients who's doctors prescribed them the incorrect medication, causing them to suffer severe injuries, and even death. Our attorneys will work to determine the source of the error in the chain of command, and who is accountable for your injuries. We'll then help determine the value of your damages, which would include any medical expenses, lost wages, and suffering and pain that results from the injuries you sustained due to the medication error. The more serious your injuries, the greater your damages. You deserve adequate compensation. We can assist you to get the settlement you deserve.

Emergency Room Errors

Emergency rooms can be high-stress and high-pressure environments. This could be hazardous for patients. Doctors are under pressure to take care of as many patients as they can. They also must conduct tests quickly, communicate among themselves and write and read reports while providing top-quality patient treatment. These busy environments can lead to errors that can have disastrous consequences.

ER errors can include anything from misdiagnosis to premature discharging of the patient. The most frequent causes of ER mistakes are an insufficient medical history as well as misinterpretation of results from tests and a failure to consult specialists. ER staff may also make mistakes in communicating with one another and with patients, such as not communicating a patient's symptoms of allergies, health issues or other conditions, or giving incorrect instructions.

In order to be able for an action for malpractice, the plaintiff first has to prove that the medical professional violated the standard care. The standard of care is defined as the degree of care a reasonable medical professional would provide in similar circumstances. The plaintiff must prove that negligence caused the injury and attorneys the resulting damages. A successful plaintiff can recover compensation for past or future medical bills along with pain and suffering, lost wages and earning potential and funeral expenses, if applicable.