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Medical Malpractice

Medical Malpractice

Jacksonville Medical Malpractice Attorney

When you go into a doctor’s office or hospital, you expect to receive appropriate medical attention. Medical practitioners have legal and ethical duties to care for the well-being of their patients. Unfortunately, some people do not receive the treatment they need and the level of care they deserve, and some people even receive treatment that does more harm than good. You do not have to be the victim of medical malpractice to file a claim. Surviving family members of those who wrongfully died due to the recklessness or negligence of a healthcare provider can also seek compensation for their financial and emotional losses.

At the Florida law firm of Cronin & Maxwell, PL, our Jacksonville medical malpractice law attorneys have more than 20 years of experience holding medical professionals accountable to their patients.

Medical Malpractice Attorney

Who Can File a Medical Malpractice Lawsuit in Florida?

The number of lawyers handling medical negligence claims has been declining in recent years due to the time, expense, and difficulty of pursuing these cases. At Cronin & Maxwell, we are passionate about helping medical malpractice victims, and we stay up to date on changes to malpractice laws in Florida. If you believe you or a loved one have been a victim of medical malpractice or negligence, contact us today. We handle claims such as the following:

  • Hospital staff negligence
    • Medication or Prescription Errors: Administering the wrong dose or type of medication
    • Failure to prevent falls
    • Failure to monitor patients
    • Failure to contact the attending physician about symptoms or changes
  • Cerebral palsy and other birth injuries
    • Failure to diagnose and treat a maternal infection that leads to improper brain development
    • Use of improper delivery techniques that lead to brain damage
  • Errors made during surgery
    • Leaving a foreign body (e.g., gauze, clamps, sponges) in a patient’s body
    • Completing surgery in the wrong location of the body or on the opposite side
    • Miscommunications or scheduling errors leading to the incorrect procedure being completed
  • Emergency room staff errors
    • Failure to complete appropriate diagnostic tests
    • Failure to review medical records prior to treatment, resulting in harm
    • Anesthesia or medication errors
  • Malpractice involving medications
    • Prescribing the wrong medication or an inappropriate dosage
    • Pharmacy errors
    • Misdiagnosis resulting in incorrect medication prescription
  • Negligence involving nurses
    • Failure to accurately document medical information
    • Equipment misuse
    • Failure to assess and monitor the patient’s condition or symptoms
  • Physician malpractice
    • Misreading or ignoring lab results
    • Premature discharge from a facility
    • Unnecessary surgery
    • Unreasonable missed diagnosis, or misdiagnosis
  • Complex regional pain syndrome/reflex sympathetic dystrophy
    • Complex regional pain syndrome (CRPS) may be an indication that a mistake was made during surgery
  • Hospital falls caused by malpractice
    • Polypharmacy – if your fall was due to being prescribed multiple medications with side effects that led to a fall
    • Failure to identify you as at high risk for falling
    • Unsafe conditions (e.g., unmarked wet floor)
  • Missed cancer diagnosis
    • Not taking complaints or symptoms seriously
    • Failing to perform appropriate tests or biopsies
    • Failing to refer to a cancer specialist
  • Missed stroke diagnosis
    • Downplaying neurologic symptoms
    • Failure to order tests in a timely manner
    • Failure to screen medical history to recognize risk factors that could have led to the stroke
  • Occurrence of a “never event
    • Never Events are events that are entirely preventable in healthcare and could include any of the following:
      • Scalding of patients
      • Wrong-site surgery or placement of an incorrect implant
      • Transfusion of incompatible blood components or organs
  • Wrongful death of a loved one
    • If malpractice or negligence caused a loved one to die, you have the right to file a wrongful death claim.

Although this list is extensive, it provides only some of the examples of medical malpractice or negligence you may have experienced. If you are wondering whether your situation could constitute a claim, schedule a consultation with our medical malpractice lawyers to determine the best course of action.

How Do I Sue for Medical Malpractice in Florida?

Medical malpractice claims are complex and require specific filing requirements, as well as the involvement of expert witnesses and testimony. Hiring a medical malpractice lawyer with expertise in this area is crucial to ensure that all legal steps are followed as you file your case.

The first step in the process is to obtain an affidavit from a physician confirming that your injury or illness is related to medical malpractice. Next, that affidavit and a notification that you are initiating litigation must be sent to the person or entity you are planning to sue. Defendants then have 90 days to respond to the claim. During this time, they can collect their own evidence and complete file reviews. In some cases, this may lead to a negotiated settlement. Most often, however, physicians and medical facilities choose to fight the claims in court. After 90 days have passed from the time of notice, you have the right to file the claim.

Once your claim has been filed and the case is going to trial, you will begin building your argument. Challenging a healthcare provider on your own can be extremely intimidating, but hiring a skilled malpractice lawyer can increase your confidence. An attorney will subpoena records regarding the procedure in question, as well as develop strong lines of questioning to ask the medical practitioners under oath during trial. As experienced medical malpractice attorneys in Jacksonville, we have established relationships with medical experts who can testify on your behalf and help a jury understand the wrongdoing of your provider.

Can You Sue a Doctor for Medical Negligence?

Florida law allows hospitals, doctors, surgeons, nurses, and other medical professionals to be taken to court if patients are injured while under their care. This includes negligence if it can be proven. To file a suit for negligence, you must be able to show that the physician caused harm that would not have been caused under the same circumstances by a competent doctor. A malpractice lawyer with experience in negligence cases, like our team at Cronin & Maxwell, PL, can assist you in gathering this proof in order to move forward with your claim.

How Can I Avoid a Strong Medical Malpractice Case Against Me?

An attorney will be a huge asset in developing a strong case. An experienced lawyer will know what information to gather, which expert witnesses to obtain, and will help protect you from the other side building a strong case against you. Make sure to refer insurance companies or risk managers to your attorney. They will attempt to ask questions about your case, and your answers could be used against you in the future.

Another important action to take is cleaning up your social media or deleting it altogether. Just as we will work to build a case against the medical facility or practitioner, they will be working to build a case against you. The defense could use your social media activity in an attempt to prove that your life is going just fine, so it is best to increase privacy settings and reduce your social media activity.

What Is Required to Win Medical Malpractice Cases?

There are many important factors to prove in a medical malpractice case to lead to a successful outcome, such as:

  • Causation: A link between the reckless or negligent act and your injury must be proven. For example, the misdiagnosis of a stroke led to a delay in treatment which would have avoided further damage. You cannot open a case simply because a procedure did not work out as you expected, as that is always a risk with surgery. You need evidence confirming that the wrongdoing of the doctor or medical professional led to your injury, and that it would not have occurred under competent care.
  • Liability: You need to prove that your injury was caused by recklessness or negligence of the medical facility, doctor, or healthcare provider. For example, a surgical error led to a serious infection that required further treatment.
  • Damages: Generally, a case is only worthwhile if you can prove substantial damages occurred. This is because hiring expert testimony and witnesses is costly, along with the other financial burdens of a trial. If insurance covered your injuries or you may only break even, it may not be worthwhile to go to trial.

Military and Veteran Malpractice

Are you a member of the U.S. armed forces? Our attorneys are well-known for handling both civilian and military medical malpractice claims, including Naval Hospital malpractice claims. If you or a loved one has suffered serious injury or illness resulting from negligence by a federal employee at a VA or Military hospital or clinic, your case may fall under the Federal Tort Claims Act. This legislation allows individuals to be compensated when they have suffered injury, death, or property loss or damage due to the negligence or wrongful act of a federal government employee. Our experienced team of malpractice attorneys includes veterans, so we understand the difference between civilian and military medical malpractice cases. Be sure you are working with attorneys who can assist you in taking advantage of the legislation in place for veterans and current military personnel.

Pursuing The Money You Deserve For Your Injuries And Suffering

When you reach out to us, we will ask for any evidence you can provide, including medical records. After reviewing your case, we will be frank with you. If we believe you or your loved one suffered medical malpractice, we will do our utmost to get you the financial compensation you deserve. We will assist you in determining whether your case should be aimed at individual healthcare providers, or a healthcare facility itself. You may be entitled to compensation to cover lost wages, medical expenses, pain and suffering, wrongful death, or other losses caused by a medical professional’s breach of duty. We will also take responsibility for ensuring your case is filed within applicable deadlines.

Experiencing an unnecessary injury, event, or the loss of a loved one is stressful and emotional. We understand you are already dealing with many emotions and challenges during this time, and we strive to make the legal process as easy as possible for you. Trust our team at Cronin & Maxwell, PL, to help you build a strong case and get the compensation you deserve.

How Much Does a Medical Malpractice Lawyer Cost in Jacksonville, FL?

The cost of a skilled medical malpractice attorney in Florida varies. There are protections in place for clients that limit the amount of money an attorney can charge in terms of the percentage of money won in a case. Pricing structures vary among firms. Some attorneys may work for a set amount, while others work for a percentage of the money won in a case. Be cautious of the agreement you and your attorney come to, as some lawyers will charge you for their services even if you don’t win your case.

It is important to also consider the cost of not hiring an attorney. You could spend a significant amount of time and money attempting to fight your medical malpractice case on your own, only to lose against a physician’s experienced legal team in the trial. Not only will you have spent money losing the case, but you will be left with nothing to help you adjust to life after loss or injury. As a victim of medical malpractice, you deserve compensation for your injury or the death of a loved one. Our experienced Jacksonville medical malpractice attorneys are prepared to fight for justice.

Consult Our Medical Malpractice Lawsuits Lawyers For Duval County And Beyond | Call 904-388-9555

If you think you or a loved one has been harmed as a result of medical malpractice, bring it to the attention of lawyers with the experience to pursue the compensation you need. In Florida, there is a statute of limitations, or time limit, for taking legal action. Patients or loved ones pursuing a medical malpractice lawsuit must do so within 2 years of the incident, so acting quickly is important. To learn about your rights as a patient and discuss how our attorneys can help you, please contact us at 904-388-9555 or by email to arrange a free initial consultation.

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