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Jacksonville Medical Malpractice
In Duval County, a medical professional failed to give a timely diagnosis and subsequent treatment of a stroke. The victim and their family turned to Morgan & Morgan, who helped them file a medical malpractice lawsuit. The case ended with them receiving a settlement of $1 million dollars.
Medical malpractice is when a doctor, nurse, or other healthcare provider injures a patient by treating them negligently, below the reasonable standard of care. It’s more common than people realize, and if it happens to you or a loved one our Jacksonvilleattorneys may be able to help file a claim on your behalf. At Morgan & Morgan, our medical malpractice attorneys have extensive experience not only in medical malpractice lawsuits, but working with experts - full-time nurse paralegals, staff nurses, staff physicians, etc. - to help build the best case possible and hold negligent doctors responsible for their actions.
Have you or a loved one been injured by a healthcare professional?You may be able to file a lawsuit to recover compensation for your damages. Fill out our free case review form to learn how our Jacksonville attorneys can help you.
How Can a Medical Malpractice Attorney Help Me?
The work that goes into preparing a medical malpractice lawsuit can be tiring and stressful, especially while you’re also dealing with injury. Our attorneys in Jacksonville have the know-how and expertise to take this off your hands while you focus on resting while your injury heals. We go to bat for you while you focus on yourself to create an ideal situation that puts everyone involved in a better position.
To prepare your case, your attorney may:
- Review medical reports and other information provided to establish whether you have a claim
- Collect additional evidence to support your claim with the help of medical experts
- Determine how much you could receive in compensation
- Determine which party or parties may be liable for your injury
- Help explain your options moving forward
- Handle the complicated technicalities of medical malpractice lawsuits that Florida courts may present
How an Attorney Proves Medical Malpractice
There are four primary elements to proving medical malpractice:
- Proving that the medical professional in question had a legal obligation to work to a standard of care while providing treatment.
- Proving that said professional failed to meet this standard of care.
- Showing that you did, in fact, suffer an injury worth being compensated.
- Proving that this injury was a direct result of the medical professional’s negligent care.
The second and fourth elements are the ones that involve the most work. Our attorneys will work alongside relevant medical experts to show that negligence was the direct cause of your injuries and seek compensation. These attorneys are well-versed in medical matters and able to explain them to Jacksonville jurors in a way that is clear, convincing, and easy to understand.
Types of Medical Malpractice
Medical malpractice comes in a number of forms. Some of the more common types that our attorneys in Jacksonville investigate include:
There are several ways an anesthesiologist can act negligently, both before and during surgery. This includes failure to properly educate a patient about eating and drinking before a procedure, failure to review their medical chart for possible allergies or other complications, and failure to properly monitor a patient’s vital signs. If any of these resulted in injury, the negligent professional could be held liable for damages and losses.
Emergency Room Errors
Emergency rooms may be hectic and fast-paced, but the professionals that work there are still expected to meet a professional standard of care. Should it fall below that standard, you may be able to seek compensation for damages.
Medical Device Error
When an error involves a medical device, the result can be devastating for a patient. If a negligent physician misuses a medical device, the injured party may be able to file a medical malpractice lawsuit. If the medical device is found to be defective, they may also be able to file a product liability lawsuit.
The failure to correctly diagnose an illness can result in lack of a necessary treatment or an incorrect, unnecessary treatment that puts the patient at risk of further injury. If you suspect that you or a loved one has been injured as a result of a diagnostic error, a Jacksonville medical malpractice attorney may be able to help you file a misdiagnosis claim.
After an operation, the attending physicians have a responsibility to monitor and treat the patient in a way that meets the standard of care for that particular operation. Failing to meet this standard can cause a dangerous injury, and if that happens the responsible physicians may be found negligent and liable for any damages.
What Damages Are Available in a Florida Medical Malpractice Lawsuit?
Damages are awarded to compensate those who were injured by negligent medical professionals. The compensation is meant to meet the financial requirements of their injury. These can be economic damages and noneconomic damages, although medical malpractice statutes in Florida put caps on noneconomic damages that vary based on injury.
At Morgan & Morgan, our medical malpractice attorneys in Jacksonville are dedicated to helping clients recover compensation for their losses to ensure that they don’t suffer financially in addition to the physical and emotional struggles of an injury. The most prominent damages one could get compensated for are medical bills. Others may include:
Lost wages: Patients who have to miss work to recover from their injury may be able to claim compensation for the amount of money he or she lost in that period.
Loss of earning capacity: Sometimes an injury can leave someone unable to earn the same amount of money they made prior to the accident. In these cases, he or she may be able to recover compensation for a loss of their earning capacity.
Pain and suffering: Pain and suffering are noneconomic damages, both the physical pain endured as a result of the injury and the mental burdens the victim may now face, including deep fear, anxiety, and depression.
Loss of consortium: In some cases, the spouse of a medical malpractice victim can file a claim to recover compensation for their loss of marital benefits.
These will all depend on the case and the injury. The court or jury may also decide that an injured patient suffered additional losses and compensate them.
Contact Us About Your Medical Malpractice Case
There is a time limit on filing a medical malpractice claim in Florida. It is important to contact an attorney immediately after an accident. You and your family may be entitled to compensation for your losses.Contact our Jacksonville attorneysto review your case.
Morgan & Morgan
Who Is Responsible for My Medical Malpractice Injuries?
Sometimes, it’s not entirely clear who bears responsibility for a patient’s injuries due to medical malpractice. Morgan and Morgan will help you determine responsibility by evaluating your circumstances.
Determining responsibility requires identifying the source of the medical error or the care provider who failed to abide by the appropriate medical standards of care.
It’s not unusual for patients to see multiple doctors for an illness. Individuals who receive care in a hospital may have several physicians, nurses, and other providers who look after their health.
For instance, during a hospital stay for cancer treatment, you may have multiple doctors who observe you at different times of the day. If one doctor makes a misdiagnosis and proceeds to act on their findings by providing you with incorrect medication, that doctor would be responsible for medical malpractice.
Other doctors who participate in your care but did not make the misdiagnosis or support the other doctor’s treatment plan would not be liable for medical malpractice.
What Should I Do if a Physician’s Insurance Provider Contacts Me?
Once an insurance provider for a physician becomes aware of a potential medical malpractice case, it’s in their interest to resolve it.
Insurance providers know how quickly a medical malpractice case can balloon and lead to massive settlements or court verdicts. Thus, they’ll attempt to head off any issues by directly offering the patient a payment.
However, the insurance provider’s idea of a proper settlement rarely aligns with the patient’s total monetary losses. It’s usually a low offer, meant to appease the patient and get them to release their claims.
If you are considering a medical malpractice case (or have already begun one), do yourself a favor and ask a lawyer to look over the terms of a medical malpractice insurance provider’s settlement offer.
A Jacksonville medical malpractice attorney can review the settlement agreement and determine whether it is fair to you or if it warrants further negotiation.
When Should I Start a Claim for Medical Malpractice in Florida?
You should start a claim for medical malpractice whenever you realize that a doctor’s or another party’s error has led to injuries.
Florida has a statute of limitations of two years for medical malpractice cases. Thus, you must begin your claim within two years of discovering a medical error. Failure to start a claim within two years will usually result in a dismissal of your case.
Surviving family members of individuals who die due to someone else’s medical malpractice must file their claims within two years of their loved one's death.
Keep in mind that medical malpractice claims are highly complex. Assembling evidence to support a medical malpractice lawsuit is a time-consuming endeavor. Your attorney will need to speak with medical experts, review your medical treatment files, and establish your financial losses. All of this work takes time.
Even though the law provides time to file a medical malpractice lawsuit, it’s best to get started as quickly as possible. A Jacksonville medical malpractice lawyer at Morgan and Morgan can develop your case strategy and begin the claims process.
What if There Are Several Parties Involved in My Medical Malpractice Case?
If the actions of several physicians, nurses, or other parties contributed to your injuries, they may all be held responsible for medical malpractice. Your Jacksonville medical malpractice attorney will review the facts of your case and identify the individuals who contributed to your injuries.
In some medical malpractice cases, there may be multiple defendants. If so, we will decide whether several lawsuits are necessary.
How Can I Pay for Assistance With My Medical Malpractice Case?
At Morgan & Morgan, we understand that our personal injury victims often don’t have the financial means to pay for our services upfront. Many victims are unable to work and may have significant injuries they are trying to recover from.
We offer free consultations for all clients. There are no upfront costs to obtain our representation. We collect a percentage of the award or court verdict we win on your behalf. If the case does not resolve in your favor, there is no cost to you.