Malpractice Litigation

Malpractice litigation can be a lengthy, complicated process. It is the responsibility of the patient or an legally appointed representative to show that the doctor did not fulfill the duty of care that was owed to them and that a repercussion resulted.

There have been a variety of proposals to change legal rules governing malpractice claims. The idea is to replace the jury and trial system with an alternative that would reduce costs, speed settlements, eliminate overly generous juries and screen out frivolous medical claims.

The wrong diagnosis

Misdiagnosis is among the most common forms of medical negligence. It happens millions of times every year, and can result in devastating consequences, including the need for surgery that is not needed or long hospital stays and unnecessarily aggressive treatment. A mistake in diagnosis can cause death, as in some cases involving severe injury or illness.

To prove malpractice, the doctor must have breached his duty to the patient by not diagnosing an injury or illness in a timely manner. In most instances, proving that the doctor's failure to live up to the standards of care requires an expert opinion, such as from a medical professional who is knowledgeable about the type of illness at play in the case. The expert has to prove that the doctor didn't add the disease to their list of differential diagnoses by asking further questions, or making further observations or requesting additional tests as part of the diagnosing procedure.

A plaintiff must also demonstrate that the injuries caused by the misdiagnosis resulted directly from the breach of duty. This usually involves establishing actual damages, including future and past medical expenses, lost income, suffering and pain, shortened life expectancy and other losses. The victim must bring the suit within the statute of limitation which is usually two or three years after the date of the incident.

Incorrect Procedure

It's not a pleasant thing to hear that surgeons carry out the wrong procedure on a patient about 20 times per week. These surgical mistakes often result in patients being faced with unanticipated medical expenses and additional suffering and pain. A medical malpractice lawyer can help you get the compensation you're due for your losses.

A successful malpractice case requires a strong case that proves the physician is negligent. A claim of malpractice that is based on a surgical mistake must prove that the defendant's actions diverged from the usual care that would have been offered by a physician with the same training in similar circumstances. This can be accomplished through expert testimony as well as a thorough review of medical records.

During the discovery process your attorney and defense team will share relevant documents to be used in your case. These documents could include medical and surgical documents, gainesville malpractice attorney lab reports as well as documentation of your injury. Your lawyer will question witnesses in order to gather information regarding your case. During the interview with the witness, the opposing attorney will be able to ask you questions under oath. This is known as a deposition.

Wrong-site surgeries are a relatively rare and serious form of malpractice. This kind of sullivan malpractice lawsuit typically is caused by a physician who fails to adhere to the surgical recommendations or a patient's medical history. In this scenario it's easy to prove that negligence took place. However, determining who should be held accountable is not always straightforward.

Wrong Drugs

Every year over a million Americans are injured or have their health conditions worsened by errors in prescription drugs. Doctors must take extreme care when prescribing medicines to ensure that they are safe and appropriate for the patient. If the doctor's actions are not in line with the medical standard of care and you suffer severe injury as the result, it could be considered to be malpractice.

Sometimes the error does not happen in the doctor's office and instead occurs at the hospital. A nurse might misunderstand an order for medication and prescribe the incorrect dosage or medication. A pharmacy could also make mistakes by filling incorrect medication or a drug with harmful ingredients.

Medication errors are the most common kind of medical gainesville malpractice attorney case that our firm handles. We receive calls from patients who's doctor prescribed them the incorrect medication, causing them to suffer serious injuries or even death. Our lawyers will determine who was responsible for the accident and where the error occurred within the chain of command. We will help you determine the value of your damages. This would include any medical costs along with lost wages, suffering and pain resulting from the injuries you suffered as a result of the medication error. The greater the severity of your injuries, then the more you'll be liable. You deserve adequate compensation. We can assist you in getting the compensation you deserve.

Emergency Room Errors

Emergency rooms are high-stress, high pressure environments that pose a risk to patients. Doctors are often under a lot of pressure to see as many patients as they can and must run tests quickly and also communicate with each other, and read or write reports while also providing high-quality medical care to each patient. This can lead to mistakes with catastrophic consequences.

ER errors can range from misdiagnosis to premature discharging of patients. The most frequent causes of ER errors are inadequate medical history or misinterpretation of test results and a failure to speak with specialists. ER staff can also make mistakes in communicating between themselves and patients, such as failing to communicate a patient's symptoms of allergies, health issues or other conditions or giving incorrect advice.

In order to be able to bring a case for a malpractice lawsuit, the plaintiff must first prove that the medical professional breached the standard of care. The standard of care is defined as the level of care a reasonable medical professional could have provided in similar circumstances. The plaintiff must prove that negligence was the cause for their injury and damages. A successful plaintiff may recover compensation for future and past medical bills as well as physical pain and suffering as well as loss of wages and earning capacity as well as funeral expenses in the event that they are applicable.