People with kidney problems may need to undergo dialysis, a procedure used to help patients filter their blood. Unfortunately, there are some dangerous potential side effects of dialysis, and staff at a dialysis center are supposed to stay on top of the side effects to help keep a patient safe. If you suffer dialysis injuries as a result of medical negligence in a hospital or another health care facility, you should consult the Ocala dialysis injury lawyers at the Dean Law Firm.Pursuing Compensation for Dialysis Injuries
Complications of dialysis can include overdose of acetic acid or acetate. Side effects can include hypotension that results in dizziness, hypoxemia, and cramps. Any of these side effects can increase the chances of having difficulties with balance and ability to walk after dialysis.
A Class 1 FDA recall of dialysis drugs Naturalyte and GranuFlo was based on a finding that they increased bicarbonate levels that resulted in cardiovascular issues, heart attacks, and deaths. Fresenius allegedly knew about these issues prior to the recall but did not warn health care providers or the public. In 2011, Fresenius circulated an internal memo to its clinic doctors, warning them of the greater risks for sudden cardiac death and cardiopulmonary arrest, but it did not give this information to the public or doctors associated with other clinics.
Injuries that have been reported by patients treated with these chemical products include stroke, heart attack, cardiac arrest, sudden cardiac death, and other cardiovascular issues. A dialysis injury attorney in the Ocala area may be able to help you bring either a medical malpractice claim or a product liability claim. To establish the medical malpractice claim, you would need to show that: (1) the health care provider owed you a professional duty of care, (2) the health care provider deviated from the professional duty of care, (3) actual and proximate causation, and (4) actual damages.
The professional standard of care for a particular health care provider hinges on various factors. Generally, the professional standard of care is made up of the accepted standards and practices of the medical community, given a set of circumstances. However, a patient's characteristics, such as age and gender, can influence what the accepted standards are. Geographic location and the defendant's specialty can also influence what should be done. Usually, it is necessary for an Ocala dialysis injury attorney to hire a credible and experienced expert to testify about what the professional standard of care is, whether there was a deviation from the professional standard of care, and whether the deviation caused the injuries.
Florida has complicated pre-suit requirements as a result of tort reform. These requirements can make it harder to actually recover damages as a victim of medical malpractice. It is crucial to consult an experienced medical malpractice attorney as soon as you suspect that you were a victim of medical malpractice from dialysis. Our firm will need to consult with a health care provider about what happened to you in order to determine whether you have a valid basis to sue. We will also need to serve a notice of intent to sue on the health care provider in advance of filing a lawsuit. Usually, it is necessary to have an expert testify at trial and explain technical matters to the jury.
After we serve the notice, there is a 90-day settlement process. If the health care provider does not want to settle during this period, you have the longer of 60 days or the remainder of the statute of limitations period to sue.
Compensatory damages, including both economic and noneconomic losses, may be recovered if liability is established. Damages may include lost wages, lost earning capacity, medical bills, therapy bills, household and other replacement services, and pain and suffering. If dialysis injuries result in the death of a loved one, it may be possible to sue for wrongful death.Consult a Knowledgeable Dialysis Injury Lawyer in the Ocala Area
At the Dean Law Firm, our experienced trial attorneys may be able to sue a doctor or medical practice on your behalf if you or a loved one suffers dialysis injuries or harm caused by another form of medical malpractice, such as a surgical error or a misdiagnosis. We serve the families of patients harmed by medical malpractice in Ocala, The Villages, Crystal River, and elsewhere in Citrus, Levy, Sumter, Marion, and Lake Counties. Contact us at 352-387-8700 or through our online form.