When you get sick or injured, you turn to medical providers for professional advice or treatment. Although you cannot expect them to solve every medical problem they come across, they nevertheless must provide services that meet their profession’s standards of care. Otherwise, you could hold these medical providers liable for any damages they cause.
Preventable medical errors happen more frequently than you might think. If you believe that you or your loved one has suffered substantial harm after a health care professional or center failed to follow established standards of practice, you could reach out to a Jacksonville medical malpractice lawyer. You may qualify to pursue compensation for damages. Call Ben Crump Law, PLLC, today at (800) 641-8998 to discuss your case and set up a free consultation.
Recovering Damages in a Medical Malpractice Lawsuit
Every medical service provider has a sworn responsibility to treat injured or ill patients to the best of their abilities. Patients can suffer catastrophic or fatal injuries when doctors, medical staff, or hospitals commit grievous mistakes. In some instances, incompetent care can worsen a patient’s current condition. Other times, malpractice gives rise to additional injury. Bringing a lawsuit is one way you can recover damages if you experienced medical malpractice in Jacksonville. You may also file a claim on behalf of a family member who suffered permanent, severe, and disabling injuries.
For a free legal consultation with a medical malpractice lawyer, call (844) 638-1822
How to Know if You Have a Legitimate Medical Malpractice Case
Keep in mind that an unfavorable result from a surgery or treatment does not automatically make you eligible to seek compensation. Florida Statutes §766.102 establishes that medical malpractice occurs only when a health care provider does not perform their duties competently or fails to act appropriately. These acts must result in harm to the patient before qualifying as malpractice. If you have experienced one of the following, you might collect damages:
- Medication or pharmacy error
- Failure to diagnose
- Injury during childbirth
- Surgical errors
- Incorrect medical treatment
- Wrongful death
You can hold any medical provider—not just your doctor or surgeon–responsible for malpractice if your case meets the elements for medical malpractice. Essentially, you must show a breach of the standard of care, which led to your injuries. This standard of care is the level of skills that the average medical professional would provide in a situation similar to yours.
Other medical professionals who could have given care less than the industry standard can include:
- Emergency medical technicians (EMTs)
Additionally, you can also hold clinics, hospitals, and agencies accountable for their employees’ mistakes that led to your suffering and losses.
It is possible to have multiple negligent parties in your lawsuit, making malpractice more complicated to prove. You might want to consider hiring a Jacksonville medical malpractice lawyer to lend a hand in identifying liable parties and establishing your case. Call Ben Crump Law, PLLC, to learn more.
Medical Malpractice Lawyer Near Me (844) 638-1822
Florida Has Medical Malpractice Laws You Should Know About
Medical malpractice cases in Florida are vastly different from personal injury cases. Pursuing compensation may become overwhelming for most patients because of the statutes that govern malpractice cases. Nevertheless, this should not discourage you from obtaining damages. Instead, it would help if you familiarize yourself with the laws and steps involved in a malpractice suit.
Under Florida law, you can file a medical malpractice lawsuit if you experienced negligent medical care. You might want to retain a Jacksonville medical malpractice lawyer who will investigate your case and prove your claim.
Time Limit to Seek Compensation
Florida Statutes §95.11(4)(b) establishes a different statute of limitations for malpractice claims than personal injury cases. You typically have only two years from the date of your medical treatment or when you discovered the malpractice to take legal action. You must file your lawsuit within the legal time limit if you do not want the court to bar you from recovering.
Once you realize that a medical provider has made a mistake, you might want to contact a Jacksonville medical malpractice lawyer. The sooner you consult an attorney, the quicker they can work on your case and determine whether certain exceptions apply to you.
Pre-Suit Notice and Investigation
Another state law that could complicate filing a malpractice suit is Florida Statutes §766.106(2), which requires you to provide defendants pre-suit notice or written notification of your intention to sue. Your notice should include a qualified medical professional’s affidavit that serves as a confirmation of the validity of your claim and a list of every medical provider you consulted for your injury during the past two years. Without this notice, you cannot initiate legal proceedings.
After informing defendants about your intent to bring a case to court, you must wait 90 days before you continue with filing a suit per § 766.106(3). This waiting period allows defendants to conduct an internal investigation of your allegations.
Your doctor should have obtained your informed consent per Florida Statutes §766.103 before continuing with your treatment. You can claim damages provided you can submit proof that your doctor:
- Did not inform you about other medically acceptable therapies.
- Failed to explain the associated risks.
- Did not give you an overall description of the procedure.
On many occasions, injured parties unsuccessfully pursued monetary awards when they could not abide by Florida’s malpractice laws. Filing a claim within the legal deadline and following procedural rules are rarely simple matters. You might benefit from the assistance and guidance of a Jacksonville medical malpractice lawyer.
Tell Ben Crump Law, PLLC, About Your Malpractice Case
The team at Ben Crump Law, PLLC, is here to listen to your account of the medical error you or your loved one suffered. A Jacksonville medical malpractice lawyer could explain how you might have the right to pursue compensation if those whom you trusted to keep you healthy and safe were the ones who caused you harm. Get in touch with our office today at (800) 641-8998 to schedule an appointment where we’ll review your case for free and discuss available legal options.