cedar lake malpractice law firm Litigation

Malpractice litigation is often a lengthy and complex process. It requires the patient or a legally-appointed representative, to show that the doctor was obligated to them under a duty of care, that the physician violated that duty, and that injuries resulted.

Various proposals were made to change the lawful rules governing medical malpractice claims. The trial and jury system was replaced by an alternative that would lower costs and speed settlements, reduce juries with excessively generous verdicts, and screen out fraudulent claims.

Undiagnosed

Misdiagnosis is one of the most common forms of medical malpractice. It happens millions of times each year and can have devastating consequences, like a need for unnecessary surgery, long hospital stays, and unnecessary treatment. In some instances an error in diagnosis could result in death.

To prove malpractice, it must be demonstrated that the doctor owed an obligation to the patient and breached the obligation by failing to identify the illness or injury properly. Most of the time, the failure of the physician to perform the required care is demonstrated by an expert's opinion. This could be a medical professional who has vast knowledge of the kind of disease in question. The expert must also prove that the physician failed to adequately add the disease to his or her list of differential diagnoses using methods such as asking additional questions, conducting further examinations or requesting additional tests as part of the diagnostic procedure.

A plaintiff also needs to prove that the injuries caused by the incorrect diagnosis were a direct result of the breach of duty. This typically involves proving actual damages, such as past or future medical expenses, lost income or lost due to pain and discomfort shortened life span, and other damages. The victim must also file the lawsuit within the statute of limitations which usually are two or three years after the injury was caused.

Incorrect Procedure

It's shocking to learn that surgeons are performing the wrong procedure on patients around 20 times a week. These errors in surgery could result in unexpected medical expenses and further suffering for patients. A medical malpractice lawyer can help you get the compensation you're due for your losses.

A successful malpractice lawsuit demands a strong claim of negligence on the part of the physician in the matter. A claim of malpractice that is based on a surgical mistake must prove that the defendant's actions deviated from the usual care that would have been provided by doctors who have similar training in similar situations. This can be achieved through expert testimony and an extensive examination of medical documents.

During the discovery phase, your attorney will exchange files with the defense team in order to be used in your case. These documents may include medical and surgery reports, lab reports, and documentation of your injury. Your lawyer will speak with witnesses in order to collect information about your case. During the interview with a witness, you will be asked questions under oath, by the opposing counsel. This pensation you need.

Emergency Room Errors

Emergency rooms are high-stress, high-pressure environments that could be dangerous for patients. Doctors are usually under pressure to see as many patients as possible and run tests as quickly as they can and be in constant communication with each other and write or read reports while delivering high-quality medical care to each patient. This pressure could lead to errors with devastating consequences.

ER errors range from mistaken diagnosis of a patient, to premature discharge. Most ER errors are caused by the absence of medical history, misinterpretation of test results or interpretation and a failure consult with specialists. ER staff may make errors in communicating with one another or with the patient, for example, not communicating the patient's allergies, or any other health conditions or giving incorrect instructions to nurses.

To be able to establish grounds for a malpractice claim, the plaintiff must first prove that the medical professional breached the standard of care. The standard of care is defined as the amount of care a reasonable medical professional would have offered under similar circumstances. The plaintiff has to prove that negligence led to their injury and subsequent damages. A successful plaintiff can seek damages for past and future medical bills, physical suffering in addition to loss of wages, earning capacity as well as funeral expenses where applicable.