Gainesville Medical Malpractice
Committed To The Injured®
Medical Malpractice Attorney in Gainesville, Florida
Medical malpractice occurs when a doctor, hospital, private practice, or any other professional healthcare facility causes injury to a patient through an omission or negligent act. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management, and can lead to life-altering complications or the wrongful death of you or one of your loved ones. Our experienced Medical Malpractice Attorneys in Gainesville can help you receive compensation for damaged resulting from incidents of negligence.
Popular culture commonly associates medical malpractice with grave surgical errors, such as leaving an instrument inside a patient’s body that requires further surgery to remove. However, a number of different actions can qualify as medical malpractice, including but not limited to:
- Improperly administering anesthesia, or administering incorrect dosages
- Causing an injury to a newborn baby or its mother during pregnancy or delivery, resulting from a failure to stem blood loss or monitor vital signs.
- Failing to conduct a thorough examination – such as ordering appropriate scans, tests, and biopsies – and misdiagnosing a serious illness.
An important thing to keep in mind is that even when an act of medical malpractice has been committed, the injured party needs to file a claim within the state’s statute of limitations from when the injury occured. If you do not, you will be unable to receive compensation.
Proving Medical Malpractice
If you’re considering filing a medical malpractice lawsuit, the most important thing you need to do is establish proof. A legal claim for medical malpractice usually comes down to proving that your doctor or other health care professional was negligent in providing medical care or treatment, and that you suffered some manner of harm as a result. The steps to do this are the following:
- Prove existence of a Doctor-Patient Relationship – In the eyes of the law, showing this existed acknowledged the doctor’s duty to provide you with competent care. Any care provided by the doctor constitutes this relationship.
- Prove the Doctor’s Substandard/Negligent Care – Also known as the medical standard of care, this is the most important element of any malpractice case. Establishing this is done by comparing your doctor to similar professionals and circumstances to determine what they should have done. This is usually done through the use of expert witnesses with knowledge of accepted standards of medical practice.
- Link Between the Doctor’s Negligence and Patient’s Injury – After establishing that the negligent care occured, you will need to show that either through the doctor’s actions, or failure to act, you suffered additional injury or harm. Note that it must be because of the substandard care itself, and is not attributable to underlying medical conditions or other causes. Testimony is often used here as well.
- Quantifiable Proof of Patient’s Harm – Also known as “damages” in legal terms, this refers to the details of the actual harm you suffered. This might include lost income from being unable to work, the costs of additional treatment, and pain and suffering endured from the substandard care.
Experienced Medical Malpractice Attorneys in Gainesville
Most medical professionals are just that – consummate professionals who use great care when treating their patients. Unfortunately, mistakes can and will occur, and many of these errors could be avoided if not for a doctor’s negligent or reckless behavior. In such situations, patients who are injured can hold negligent professionals accountable. Often these claims are difficult to pursue, so if you or a loved one has been injured by medical negligence, contact The Eberst Law Firm online or call our Gainesville office at 772-225-4900 to discuss your case in a free consultation with one of our experienced medical malpractice attorneys.
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The Eberst Law Firm, P.A.
Florida Personal Injury Attorneys