Gainesville, FL Medical Malpractice

People trust healthcare workers more than any other profession. One important reason is that medical professionals are legally obligated to do their best to take care of you. It’s known as their duty of care, and it guarantees that patients are protected against the unnecessary risk of harm.

Unfortunately, healthcare professionals sometimes violate their duty of care, and the result can be illness, serious injury, or death. A recent study from John Hopkins University reports that 250,000 Americans are killed every year as the result of medical malpractice. 

The National Center for Biotechnology Information defines medical malpractice as any act or omission by a healthcare professional that deviates from accepted medical norms and causes an injury. It can happen at any point during a patient’s treatment, and the results can be devastating.

Victims of negligent healthcare employees not only endure injuries and illness, but feelings of violation and loneliness. If you or a loved one have suffered from medical malpractice, you don’t have to go it alone. Our Gainesville office is on your side. 

You may be eligible for compensation. To find out more, complete our free, no-obligation case evaluation form and a lawyer will investigate and contact you. 

Types of Medical Malpractice

Practicing medicine carries some inherent risks, and sometimes things go wrong in spite of the best efforts of healthcare professionals. However, if doctors, nurses, or other employees are negligent and cause injury, they may be liable for damages. 

Some common scenarios of medical malpractice include:

  • Failure to warn of risks to medical procedures
  • Lack of care or monitoring
  • Improper use of medical tools
  • Improper medicines or anesthesia
  • Misreading medical charts
  • Failure to use sterilized equipment
  • Treatment without consent

Common Injuries from Medical Malpractice

Medical malpractice can create serious health problems, sometimes leading to debilitating injuries and death. Some of these conditions include:

  • Infections
  • Fractures
  • Spinal cord trauma
  • Burns
  • Brain injury
  • Organ damage
  • Disfigurement
  • Amputation
  • Paralysis

Who Can Be Sued?

While doctors are most commonly sued for medical malpractice, any healthcare provider whose negligence causes injuries can be held accountable. Some of the parties that can be sued for medical malpractice include: 

  • Hospitals
  • Private practices
  • Doctors
  • Nurses
  • Anesthesiologists
  • Medical technicians
  • Pharmacists

What Damages Are Available?

It’s hard to put a dollar value on the misery that can result from negligent medical care. However, if an injury is proven to be the direct result of medical malpractice, the provider can be sued for compensation such as: 

  • Current and future lost wages
  • Pain and suffering
  • Loss of life’s enjoyment
  • Mental anguish
  • Loss of consortium if a loved one dies

The Lawsuit Process

Proving that a healthcare professional provided negligent medical care can be very difficult. Doctors will dispute accusations of medical malpractice, using their significant resources to deny responsibility for their patients’ illness and injuries.

Having the right attorney can make all the difference. Our Gainesville office is deeply experienced in handling medical malpractice lawsuits, and will take every step to fight for your success. If we represent you, we will:

  • Fully investigate your case. We will thoroughly review your case to learn the extent of your injuries and how they impact your life. Your attorney will interview witnesses and experts to determine if your injuries were the result of negligent medical care.
  • File your lawsuit. After our investigation, we will draft a complaint if we decide to move forward. The other side will have the opportunity to respond, and the case will go to the discovery phase, in which involved medical professionals may be required to testify under oath about what happened.
  • Review offers for settlement. Defendants will often offer settlements rather than take cases to trial. Your attorney will review all settlement offers to help you determine if they are adequate, and negotiate further if a larger one is needed. 
  • If necessary, bring your case to court. If the settlement offers are not satisfactory, we will bring your case to court. Our medical malpractice attorneys are experienced trial lawyers with a track record of success in winning compensation for our clients.

Florida Statutes

If you believe you were the victim of medical malpractice, you should act quickly. Florida holds the following statutes for those pursuing legal action:

  • Statute of limitations. With few exceptions, Florida law indicates that all medical malpractice lawsuits must be filed within two years of the incident.
  • Statute of repose. For cases that extend beyond the two-year statute of limitations, a lawsuit must be filed within four years of the incident, except in these cases:
    • If fraud is involved, there is a seven-year statute of limitations.
    • If the victim is a child younger than eight, the lawsuit must be filed before the child’s 8th birthday.

Contact Morgan & Morgan

Enduring medical malpractice can be deeply traumatic. Fighting for compensation will put you up against the healthcare industry, a powerful and well-financed group. You need an ally on your side to help you fight.

Our Gainesville office can help. We will pursue every avenue to seek the compensation you deserve. With our resources, we can hold medical employees accountable for any injury you suffer as the result of negligence. And if we don’t get the settlement we’re looking for, we are not afraid to take your case to court.

If you were the victim of medical malpractice, don’t delay. Your consultation is always free, and we only get paid if we win. Fill out our free, no-obligation case evaluation form and a lawyer will be in touch with you.

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John Morgan