jersey shore malpractice lawyer Litigation

Malpractice litigation can be a long and complicated process. It requires the patient or a legally-appointed representative, to prove that the doctor had a duty to care, and that the physician violated that duty, and that injury resulted.

Various proposals have been made to alter the legal rules that govern malpractice claims and replace the jury system and trial with a new system that would lower costs, speed settlements, eliminate overly generous juries and filter out unsubstantial medical claims.

Misdiagnosis

Medical malpractice is usually caused by mistaken diagnosis. It happens millions of times every year, with devastating results, including unnecessary surgical procedures, prolonged hospital stays, or ad hoc treatment. In some cases, a misdiagnosis may even result in death.

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. In most instances, proving a doctor's inability to adhere to the standard of care requires an expert opinion, such as that of an expert in medical practice with a deep understanding of the specific illness that is at issue in the case. The expert must also show that the doctor did not sufficiently add the illness to his or her list of differential diagnoses using methods such as asking more questions, observing further or requesting additional tests in the diagnostic process.

A plaintiff must also prove that the injuries caused by an incorrect diagnosis result from the breach of duty. This typically involves proving real damages such as past or future medical expenses, loss of income in the form of pain and discomfort, shorter life spans and other damages. In addition, the victim must bring the suit within the time frame of the statute of limitations which typically is two or three years after the date of the incident.

Wrong Procedure

It can be shocking to hear that surgeons make the wrong decision on a patient around 20 times a week. These surgical errors could result in unanticipated medical expenses and more pain for patients. An experienced medical malpractice lawyer can help you pursue the compensation you deserve for your losses.

A successful malpractice suit demands a strong argument that the doctor is negligent. A claim of negligence due to a surgical error must show that the defendant's course of procedure was in violation of the standards of care that would be offered by similarly trained doctors in similar circumstances. This can be achieved through expert testimony and an extensive examination of medical documents.

During the discovery process your attorney and defense team will share relevant files for use in your case. These documents can include medical and surgical documents, lab reports, and documents of your injuries. The lawyer will also question witnesses to gather information to support your case. During the interview you will be questioned under oath, by the opposing counsel. This is referred to as a deposition.

Wrong-site surgeries are a relatively rare and serious form of malpractice. This type of malpractice usually results from an error made by the doctor who fails to adhere to the surgical recommendations or the medical history of a patient. In this instance it is possible to prove that negligence took place. It's not always easy to determine the surgeon who should be held responsible.

Wrong Drugs

Drug-related errors can cause injury or worsen health conditions in more than half a million Americans each year. Doctors must exercise extreme care when prescribing medications to ensure that they are safe and appropriate for the patient. If a doctor's prescription is not in accordance with the medical standard of care and you suffer serious injury as the result, it could be malpractice.

Sometimes, the error does not occur at the doctor's office however, but instead at the hospital. For example, a nurse might misread a prescription and administer the wrong dosage or medication. A pharmacy could also make an error by filling the incorrect prescription or filling the medication with harmful ingredients.

Our firm handles the most common medical malpractice cases. Our firm gets calls from clients who have been prescribed the wrong medicine by their physicians that resulted in severe injuries or even death. Our attorneys will determine who is at fault for the injuries and determine where the error occurred within the chain of command. We will then assist you to assign a value to your damages, which could include any medical costs as well as lost wages and suffering and pain that results from the injuries you suffered as a result of the medication error. The more severe your injuries, the more your damages. You deserve adequate compensation. We can help you obtain the settlement you require.

Emergency Room Errors

Emergency rooms are high-stress, high-pressure settings which can be hazardous for Vimeo patients. Doctors are under pressure to care for as many patients as they can. They must also run tests quickly, communicate between themselves, and read and write reports while providing top-quality patient treatment. This could lead to errors with disastrous consequences.

ER errors can range from misdiagnosis to premature discharge of a patient. The most frequent causes of ER errors include an inadequate medical history as well as misinterpretation of results from tests and a failure to speak with specialists. ER staff can also make mistakes when communicating with one another or with patients, such as not communicating the patient's allergies or health conditions, or not giving the correct instructions to nurses.

To be able to bring a malpractice lawsuit the plaintiff first needs to prove that the medical professional violated the standard of care. The standard of care is the standard of care that an honest medical professional with the same training and experience would have given in similar circumstances. The plaintiff has to prove that negligence led to their injury and resulting damages. A successful plaintiff may be able to obtain compensation for future or past medical bills as well as pain and suffering, loss of earnings and wages as well as funeral expenses depending on the circumstances.