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Malpractice Litigation

The process of bringing a lawsuit for gainesville malpractice attorney is usually a long and complicated procedure. It is necessary for the patient or a legally appointed representative to prove that the physician breached the obligation of care owed to them and that an injury resulted.

Many proposals have been put forward to change legal rules governing malpractice claims. They propose to replace the jury and trial system with an alternative that would reduce costs, expedite settlements, eliminate excessively generous juries and screen out fraudulent medical claims.

Undiagnosed

Misdiagnosis is among the most frequent forms of medical malpractice. It occurs millions of times every year, resulting in devastating consequences, including unnecessary surgeries, long hospital stays, or ad hoc treatment. In some cases a mistake in diagnosis can result in death.

In order to prove malpractice, a doctor must have violated his duty to the patient by not diagnosing an injury or illness in a timely manner. In the majority of instances, proving a doctor’s inability to adhere to the standards of care requires a specialized opinion, such as from a medical professional with extensive knowledge about the kind of illness that is involved in the instance. The expert must also prove that the doctor did not add the condition to their list of differential diagnoses by asking further questions, observing more, or ordering further tests as part of the diagnosis procedure.

A plaintiff also needs to prove that the injuries resulting from the misdiagnosis were the direct result of the breach of duty. This typically means proving the actual damages such as past or future medical expenses, income loss as well as pain and discomfort, shorter life spans and other expenses. Finally, the victim must file the lawsuit within the statute of limitations, which is typically two or three years from the date of the incident.

Incorrect Procedure

It’s shocking to hear that surgeons perform the wrong procedure on patients around 20 times per week. These mistakes could result in unanticipated medical costs and additional discomfort for patients. A medical malpractice lawyer can help you receive the compensation you deserve for your losses.

A successful malpractice suit demands a strong claim that the doctor is negligent. A claim of negligence that stems from a surgical error needs to demonstrate that the defendant’s actions was not in accordance with the norm of care that would be provided by similarly skilled physicians in similar circumstances. This can be accomplished through expert testimony or a thorough analysis of medical documents.

During the discovery phase, your attorney will exchange files with the defense team that will be used in your case. The documents could include medical and surgical reports, lab reports and evidence of your injuries. The lawyer will interview witnesses to gather information regarding 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 rare but very serious type of malpractice. This kind of College Place Malpractice Attorney typically involves an error by a physician who fails to follow the recommendations of a surgeon or a patient’s medical history. In this scenario it is simple to demonstrate negligence. However, determining which surgeon is liable for the negligence is not always simple.

Wrong Drugs

Drug errors can cause injuries or worsening health issues in more than a half million Americans each year. Doctors must exercise extreme care when prescribing drugs, to ensure they are appropriate and safe for the patient. If a doctor’s decision isn’t in line with the medical standard of care and you suffer severe injury as consequence, it could be considered malpractice.

Sometimes, the error doesn’t occur in the doctor’s offices however, but instead at the hospital. For example a nurse may mistakenly interpret a prescription, and then administer the wrong medication or dosage. A pharmacy may also make an error by filling in the wrong medication or a medication that contains harmful ingredients.

Our firm specializes in the most frequent medical malpractice claims. We receive calls from clients who have been prescribed the wrong medication by their doctor, resulting in severe injuries or even death. Our lawyers will determine who is accountable for the injury and pinpoint where the error occurred within the chain of command. We will help you determine the value of your damages. This would include medical expenses, lost wages and discomfort and pain caused by injuries sustained as a result of the error in your medication. The more severe your injuries, the greater your damages. You deserve adequate compensation. We can assist you in getting the settlement you deserve.

Emergency Room Errors

Emergency rooms are high-stress, high-pressure settings which can be hazardous for patients. Doctors are usually under pressure to attend to as many patients as possible and are required to run tests quickly and be in constant communication with each other, and read or write reports while providing top-quality care to every patient. This can lead to mistakes with devastating consequences.

ER errors can range from misdiagnosis and premature discharge of patients. The most common causes of ER mistakes are an insufficient medical history, misinterpretation of test results and the inability to consult specialists. ER staff may also make mistakes in communicating between themselves and patients, for example, failing to inform patients of allergies, health problems or adverse reactions, or giving incorrect instructions.

To be able to establish grounds for a malpractice lawsuit the plaintiff must first 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 must prove that negligence led to their injury and resulting damages. A successful plaintiff can seek compensation for future or past medical bills along with pain and suffering, lost earnings and earning potential and funeral expenses, when applicable.