Medical Malpractice Lawyers in Jacksonville

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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.

Find the Right Medical Malpractice Attorney in Jacksonville, FL

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.

What Medical Malpractice Is (And What It’s Not)

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.

Common Types of Medical Malpractice Cases We Handle

Any type of medical negligence can potentially be the basis of a medical malpractice claim. Some of the most common types include:

Misdiagnosis or Failure to Diagnose

Diagnosis is the first step toward successful treatment. When a medical professional fails to diagnose a condition correctly or the diagnosis is delayed, it can cause serious harm. For example, localized cancer, which might have been successfully treated if diagnosed promptly, may spread to other organs if the diagnosis is delayed. Or, a brain bleed that isn’t diagnosed by the emergency room staff after an accident may become life-threatening or even fatal over time.

Misdiagnosis or failure to diagnose may happen in many ways, such as a physician neglecting to order the appropriate tests, or test results being misread or never read.

Operating Room or Surgical Errors

Surgical errors can take many forms, including several types of surgical errors commonly described as “never events” because they should never occur. Some examples include wrong-site surgery and leaving sponges or other foreign objects inside the body when the patient is closed up after surgery.

Other types of surgery-related malpractice include using too much or not enough anaesthesia, exposing the patient to infection, and accidentally injuring nerves or other organs.

Post-Surgical Errors

Close monitoring is required after surgery. While the exact nature and extent of post-surgical monitoring will vary depending on the type of surgery and the age and general health of the patient, some examples include monitoring the patient’s breathing while they are coming out of anesthesia, monitoring for post-surgical bleeding or infection, and avoiding or promptly treating bedsores.

Birth Injuries

Birth injuries may result from either improper prenatal care or mistakes during the birth. Some common examples include cerebral palsy caused by oxygen deprivation during birth, injuries from forceps, and brachial plexus injuries. Brachial plexus injuries occur when the nerves that run through the shoulder are stretched during birth, which may cause temporary or permanent paralysis of the arm.

In some cases, these injuries may be at least partly attributable to the doctor failing to recognize the issue in advance and recommend a C-section.

Failure to Establish or Follow Procedures

Safe operation of a medical facility is heavily dependent on established procedures. These may include walking through checks on the patient’s identity, scheduled procedure, and allergies before beginning a procedure, an established workflow for ensuring that tests are read and acted on in a timely manner, sterilization processes, and discharge procedures.

A medical facility may be found negligent if they haven’t established adequate procedures, or if staff aren’t properly trained or supervised in following procedures, or if failure to follow procedures harms a patient.

Medical Device Issues

When a medical device fails or causes harm to a patient, it isn’t necessarily a medical malpractice issue. If the harm is strictly due to a flaw in the way the device is designed and manufactured, or due to defective materials, the patient likely has a product liability claim against the device manufacturer and/or supplier. The same is true if the manufacturer failed to provide adequate warnings to guide safe usage of the device.

Still, there may be malpractice claims related to medical devices. For example, a patient may have a medical malpractice claim if a medical device was installed improperly, or if the doctor had reason to know the device wasn’t appropriate for the patient.

Medication or Pharmacy Errors

Medication errors can occur in many ways. For example, a doctor might prescribe the wrong medication for a condition, or a medication that interacts badly with another drug the patient is taking, or a drug the patient is allergic to. A pharmacist may dispense the wrong medication, or the wrong dosage. Similarly, a nurse in a facility may give medication to the wrong patient, give the wrong medication or dosage, or dispense medications off schedule.

In some situations, more than one party may be liable. For example, if a doctor mistakenly prescribes a medication the patient is allergic to, the patient’s regular pharmacy should have a record of the patient’s allergies and recognize the mistake before providing the drug to the patient.

Healthcare Facility or Hospital Errors

These errors typically fall into one of the categories above, such as dispensing the wrong medication, failing to provide adequate discharge instructions to the patient, or inadequate monitoring after surgery or during a hospital stay.

Nursing home neglect or abuse

Signs of neglect or abuse can include unsanitary living conditions, lack of response to calls for help, unexplained injuries, inadequate nutrition, and more. Because of the Nursing Home Reform Act of 1987, nursing homes are required, by law, to provide residents with the “highest practicable” degree of care.

Harrell & Harrell Medical Malpractice Verdict

Though the vast majority of healthcare providers do good work, mistakes are sometimes made. Since all providers are required to exercise reasonable care in accordance with the standards for the profession involved, any entity or multiple entities may be held liable for your damages.

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.

Medical Malpractice Cases are Especially Complex

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.

Pre-Filing Investigation in Florida Medical Malpractice 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.

Steps to Take if You Suspect Medical Malpractice

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.

1. Contact a Medical Malpractice Lawyer

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.

2. Seek a Second Opinion From a New Medical Provider

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.

3. Gather Your Medical Records

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.

4. Don’t Discuss Malpractice With Your New Provider

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.

How Our Jacksonville Medical Malpractice Lawyers Can Help

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.

Medical Malpractice FAQs

Q: What qualifies as medical malpractice?

A: Medical malpractice takes place when a medical professional fails to perform his or her duties competently and, as a result, a patient was harmed. Legal specifics vary by state but, in general, the situation broadly described here must exist for something to qualify as malpractice.

Q: What are the four elements of medical malpractice?

A doctor-patient relationship must exist, meaning you hired a medical professional and he or she agreed to this arrangement. You couldn’t, for example, successfully sue a doctor for following advice you overheard in a hospital hallway.
This professional must have been negligent in discharging his or her duty at an appropriate standard of care. In other words, a breach of duty must exist. It is not enough, for example, if you disagree with advice or treatment given, or if the treatment was not the best available. The professional just must have been reasonably skillful and careful.
This negligence must have caused an injury or been the cause of a worsening injury or illness.
You must have actually suffered harm because of what the medical professional did or neglected to do. Damages must have occurred.

Q: How do you prove malpractice took place?

A: There are four elements of malpractice—actually hiring a professional, that professional being negligent, that negligence causing injury, and that injury causing you to suffer harm. To prove medical malpractice, each of these elements must be proven. Specifics of malpractice law vary by state but, in general, these elements serve as the basis of malpractice proof.

Q: What is the difference between malpractice and negligence?

A: Medical negligence occurs when a professional indirectly causes injury or death, because the standards of care were not met. No harm was intended, but a lack of knowledge or action causes a harmful oversight to take place. With malpractice, the standard of care was intentionally breached, which can make the latter even more complex to prove in court.

Q: What should you do if you suspect medical malpractice?

A: From the moment you suspect that malpractice may have occurred, begin to gather your medical records and write down a detailed timeline of what happened, including what you were told by medical professionals. List how the injuries you’ve suffered have had, and are having, a negative impact on your life. Because these types of cases can become quite complex, with multiple nuances of the law coming into play, it makes good sense to also contact an experienced medical malpractice attorney.

DON’T SETTLE FOR LESS THAN YOU DESERVE.^®

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