 |
Gunderson Palmer Nelson & Ashmore, LLP |
Call: (605) 342-1078 |
Home |
Practice Areas |
Our Attorneys |
Our Clients |
Recruiting |
Publications |
GPNA News |
Contact Us
Medical Malpractice |
|
|
According to the National Academy of Sciences,
approximately 98,000 Americans die from "medical mistakes" each year. Medical
malpractice can result in serious personal injury and/or wrongful death. It is
usually a result of negligence, in which the physician does not perform up to
medical standards. Signing a physician's consent form does not mean you consent to substandard medical attention. Mecical malpractice cases can be brought against physicians for any of the following reasons:
Medical negligence refers to the failure of a physician or other medical personnel to meet the standards of conduct for duties relating to the medical profession. The standards of conduct expected for duties relating to the medical field are based on what a reasonable person with the requisite knowledge and skills would or would not do. A doctor who prescribes the wrong medication may be negligent because the knowledge needed to give the correct prescription is specific to his field and known by any reasonable professional in that field. Damages There are two types of damages that are applicable in a medical malpractice case, actual damages and punitive damages.
The majority of medical malpractice cases are personal injury cases, which often require a review of personal medical records. A medical expert will be asked to consult on the case and if, after a review of the records, the expert determines that malpractice led to the injury, a lawsuit can then be filed. Limits on Recoveries Some states have imposed laws that cap or limit the maximum amount of money an individual can recover in a medical malpractice suit. However, many of these laws are being challenged and several state Supreme Courts, such as Illinois and Ohio, have thrown them out. Therefore, it is important to remember that although there may be a cap in your state, it may not hold up in court. Medical malpractice is a serious matter. Please contact us to learn more about your options before facing court. |
|
| <- Return to List | |
Superior Service
Our firm's culture is a unique blend of the conservative and entrepreneurial. We pride ourselves on our professional work environment, our dedication to the highest level of performance, and our commitment to integrity in the practice of law. We recognize that long-term relationships with clients remain an important anchor in the practice of law, and our attorneys are encouraged to nurture client relationships.Contact us
Gunderson, PalmerNelson & Ashmore , LLP
440 Mt. Rushmore Road
Rapid City, SD 57701
P: 605.342.1078
F: 605.342-9503
E: Click here to email us
This web site is designed for general information only. The information presented at this site should not be construed
to be formal legal advice nor the formation of a lawyer/client relationship.
Phone ( 605) 342-1078 . Fax (605) 342-9503 . Gunderson, Palmer, Nelson, & Ashmore, LLP
440 Mt. Rushmore Road . Rapid City, SD 57701
Phone ( 605) 342-1078 . Fax (605) 342-9503 . Gunderson, Palmer, Nelson, & Ashmore, LLP
440 Mt. Rushmore Road . Rapid City, SD 57701
Attorneys licensed to practice in South Dakota, North Dakota, Nebraska, Wyoming, Minnesota, Montana, Colorado,
as well as Rosebud Sioux, Oglala Sioux, Lower Brule Sioux & Cheyenne River Sioux Tribal Courts.
as well as Rosebud Sioux, Oglala Sioux, Lower Brule Sioux & Cheyenne River Sioux Tribal Courts.