If you believe a doctor, hospital, or healthcare provider caused serious harm, Harrell & Harrell can review your situation and explain your medical malpractice options. Free case review and consultation.
When we’re sick or have been injured, we put our faith in doctors and other medical professionals. We all rely on the professionals and the medical facilities they work in for their knowledge and expertise, and for their access to the equipment and medications we need. Most physicians take their obligations seriously and work to provide the best care possible. But medical malpractice happens–maybe more often than you’d like to believe.
Research published by the American Medical Association (AMA) revealed that more than 30% of doctors have been sued for negligence at some point in their careers. That percentage is even higher for older doctors who have been in practice longer.
If a doctor, hospital, or other medical professional or facility has let you down, you’ll want to speak to an experienced malpractice attorney as soon as possible. Though medical professionals can be held responsible for their negligence, pursuing a claim against a doctor or hospital is complicated. The injury lawyers at Harrell & Harrell, P.A. have the knowledge, experience, and resources to successfully pursue a medical malpractice claim.
We know how important it is for you to have reliable information and guidance after a traumatic experience like a medical injury, so we want to make it as easy as possible for you to get the help you need. You can schedule your free, no-obligation consultation right now by calling 800-251-1111 or filling out our contact form.
Medical malpractice has a very specific legal meaning in Florida. Not every bad outcome gives rise to a malpractice claim. In fact, you won’t necessarily have a medical malpractice claim simply because a doctor made a treatment choice that wasn’t effective or didn’t try everything possible. Florida law specifically states that simply having sustained a medical injury does not create any inference or presumption that the provider was negligent.
Instead, a healthcare provider may be liable for medical malpractice when their actions (or lack of action) fall below the accepted standard of care for their profession. Most people don’t have enough in-depth knowledge of the medical profession and existing standard of care to make that judgment, so it’s best to consult a malpractice attorney right away if you suspect that you or a loved one has been harmed by medical negligence.
Any type of medical negligence can potentially be the basis of a medical malpractice claim. Some of the most common types include:
A medical malpractice claim arising from a surgical error in which gauze pads were inadvertently left in the patient, our client, following a procedure. The jury returned a verdict of $1,005,000 for our client.
While the vast majority of healthcare providers deliver safe and effective care, preventable mistakes can occur. Medical professionals are required to exercise reasonable care consistent with accepted standards in their field. When that standard is not met, responsible parties may be held accountable for the harm caused.
Note that the concept of medical malpractice is often misunderstood. A situation doesn’t rise to the level of malpractice if the results of a consultation or procedure don’t solve your medical problem. It becomes malpractice when a medical professional performs at a sub-standard level when, if standards of care were met, you would be fine.
Does this sound like a situation you’ve experienced? If so, know we offer a free consultation where we’ll review your records at no charge. You can contact us online to set up your free consultation, or, you can call one of our experienced medical malpractice lawyers at 800.251.1111.
Building an effective claim for medical malpractice requires a solid understanding of how the standard of care works in a medical malpractice case. This is complicated because the standard of care may differ based on whether the physician involved is a primary care physician or a specialist, and on the medical condition in question. The standard of care may even differ geographically, since the availability of specialized medical equipment and facilities may impact the expected course of action for a medical professional.
It is the injured patient’s responsibility — through their medical malpractice attorneys — to establish that the doctor or healthcare facility didn’t meet the standard of care for the circumstances. This starts with a barrier to filing a medical malpractice case that doesn’t exist in other types of negligence cases.
To file a medical malpractice case, the plaintiff’s malpractice lawyer must file a certification stating that they have conducted an investigation and there is reason for a good faith belief that medical negligence has occurred. This is typically accomplished by securing an opinion from an expert witness. Florida law also requires that the plaintiff provide advance notice of the intent to file and allow the potential defendants and their insurers time to conduct their own investigation.
If the case proceeds to trial, there are statutory requirements for expert witnesses as well. For example, if the defendant is a specialist in a particular area of medicine, an expert witness testifying to the standard of care must have a specialization in the same area and meet other requirements, such as recent experience practicing that type of medicine.
If your condition is life-threatening, seek immediate medical attention from a new provider. Once you’re stable, or if the issue is not urgent, follow these steps to protect both your health and your potential claim.
If you believe you’ve been the victim of medical malpractice, it can be difficult to know where to turn. You need medical advice you can count on, but you may not be sure who to trust. An experienced medical malpractice attorney can help you understand your legal rights and may help you connect with medical professionals who can provide a second opinion.
Don’t confront your provider. The first thing you’ll want to do is find another medical provider to give you a second opinion. While protecting your malpractice claim is important, protecting your health is more important. Ask people you trust for recommendations and check reviews to find the best provider possible for your circumstances. Ideally, they will work for a different facility or health system.
Gather all of the medical documentation you can–test results, treatment plans, billing records, and whatever else is available. If possible, obtain copies of x-rays, scans, and similar tests, not just the written report of the results. These records will help your new provider understand what has happened so far, and what has or has not helped your condition.
It may be tempting to talk about what you believe went wrong, but avoid talking to your new provider about malpractice. Stay focused on your medical condition and finding an appropriate treatment plan.
Our medical malpractice lawyers know how to navigate the technical special processes surrounding a Florida medical malpractice claim, including how to identify and work with the right medical experts. We’ll also take charge of steps like investigating and providing notice of intent to the defendants.
We’ll put our extensive experience to work negotiating with the providers’ insurance carriers on your behalf. If the insurers won’t offer a fair settlement, we’re ready and willing to fight for you at trial. To learn more, call us today at (904) 251-1111 or fill out our contact form.
Florida law generally allows two years to file a medical malpractice claim. But the full answer is more complicated. In some cases, the two-year period starts to run when the malpractice occurs. In others, the clock doesn’t start ticking until the malpractice is discovered (or reasonably should have been). But even then, there’s a hard cap of four years.
Medical malpractice claims also have notice requirements that don’t apply in most other types of negligence cases. The best way to find out the timeline for your claim and your best next steps is to talk to a Jacksonville medical malpractice attorney as soon as possible.
Before a medical malpractice claim may be filed in Florida, the injured party is required to conduct an investigation to ensure that there are reasonable grounds to believe that the provider was negligent and that the negligence caused the injuries. This requires assessment by a medical expert, typically in the same specialty as the physician alleged to be negligent.
The expert opinion must be served with notice to the defendants. Defendants then conduct a similar investigation and respond, including a statement from their own expert.
An experienced injury attorney in Jacksonville can identify and retain a qualified expert for your case.
Florida law requires pre-litigation investigation and opinions from expert witnesses in medical malpractice cases. The rationale offered for this obstacle is that medical malpractice cases are technical and require specialized knowledge, and allowing laypeople without the appropriate medical background to jump straight to a lawsuit would result in many unfounded case filings eating up court time and tying up medical professionals.
Two sections of Florida law dictate who may be a medical expert witness. The first defines “medical expert” as a degreed health care professional who is regularly engaged in medical practice. Another section of the statute sets forth more stringent requirements, including that the expert:
Medical malpractice claims against state-run facilities begin much in the same way as other malpractice claims. However, there is a statutory cap on damages that may be insufficient to cover many medical malpractice claims. In rare instances, the injured party may be able to petition the state legislature for additional damages. However, that process is complicated and requires the legislature to appropriate funds specifically to pay the claim.
Yes, but health facilities, like other government-run facilities, have sovereign immunity. While a state statute allows malpractice suits against state-run hospitals and other facilities, damages are capped.
An adult child may be the beneficiary of a wrongful death claim based on medical malpractice if the adult child relied on the deceased parent for support. Other damages that might be available to adult children in wrongful death cases are not applicable in medical malpractice cases.
Currently, no. Florida law once limited noneconomic damages, such as pain and suffering, mental anguish, disability, and loss of enjoyment of life, but the Florida Supreme Court ruled those caps unconstitutional. As a result, there is currently no enforceable statewide cap on pain and suffering damages in Florida medical malpractice cases.
Economic damages, such as medical expenses, lost wages, and future medical care, are also not subject to a statutory cap. The amount of compensation available depends on the facts of each case. A Jacksonville personal injury attorney with medical malpractice experience can explain the damages that may be available.
Signing a consent to treatment form generally does not prevent a patient from filing a medical malpractice suit. However, it may prevent filing a suit for performing treatment without informed consent.
Misdiagnosis and delayed diagnosis are among the most common types of medical malpractice claims. The patient will be required to show that the delay or misdiagnosis occurred because the doctor failed to live up to the accepted standard of care in their treatment and assessment, and that the patient was harmed by the error.
Being partially responsible does not automatically prevent you from recovering compensation in a Florida medical malpractice case. If you are found to have contributed to your injury or medical outcome, your compensation may be reduced by your percentage of fault.
For example, if you were found to be 50% responsible, your compensation could be reduced by 50%. Unlike most other Florida negligence claims, medical malpractice cases continue to follow a pure comparative negligence standard, meaning you may still be able to recover damages even if you are found to be more than 50% at fault.
You may still be able to recover compensation if you failed to keep up with your medical care. However, the amount of compensation you receive may be reduced if the court finds that your failure to follow doctors’ orders or comply with treatment plans is partly responsible for the additional medical problems you faced due to the malpractice.
Each healthcare system has slightly different procedures for obtaining medical records, and may use different outside services to assemble and provide those records. Providers typically charge a fee for medical records when they are requested for the purpose of litigation or otherwise pursuing a claim for damages. Our medical malpractice lawyers are familiar with the procedures of Jacksonville health systems and can obtain those records on your behalf.
Navigating a personal injury claim can be overwhelming. Our quick, easy-to-understand videos cover the most common questions we hear from clients — so you can feel informed and confident every step of the way.
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