When we have a medical issue, we go to the doctor usually without hesitation. Any treatment or procedure we need is given to us and we trust that it is going to help us, not harm us. Unfortunately, these things are not failproof. Medical professionals make mistakes and they can cost us our wellbeing. If you have been harmed by a medical professional you may qualify for a medical malpractice case. Our Jacksonville medical malpractice lawyers are here to help make your case a success. We are experienced in these cases and we want you to feel confident that we will get you the best possible result.
Types of Medical Malpractice Claims
Medical malpractice is when a medical professional acts in a negligent way that causes you harm or injury. There are many different kinds of medical malpractice claims, as the term is more of an umbrella which covers many different topics. Here are some examples of specific medical malpractice claims:
- Injuries during labor and birth
- Failing to or misdiagnosing cancer
- Nursing home negligence
- Dental malpractice
- Surgical errors and/or mistakes
- Not diagnosing a condition
- Failing to treat a condition
- Defective products
- Pharmaceutical errors
- Misinformation from a doctor
If you suspect that you have been harmed by a medical professional, you need to contact a dedicated and experienced medical malpractice attorney right away. We will review your case and go over the details of the event in question to determine what your legal rights are.
Florida Statutes of Limitation
The statute of limitations is the amount of time you are given to bring your case in civil court. Medical malpractice is a little different from the other personal injury cases in Florida. Usually you are given four years from the date of your accident to bring your case, but with medical malpractice you only have two years from the time you discover the malpractice or should have discovered it to bring your case. It is specifically like this because you may not realize you have been given the wrong pills or dosage from the pharmacist for some time. Or you may not discover that there was an instrument left in your body during surgery until you go back to the ER with symptoms. There are some scenarios in which you would know right away that you are a victim of medical malpractice. There have been instances where wrong limbs are amputated. Something as obvious as that would be discovered right away. As soon as you uncover the malpractice, you will have two years to bring your claim to civil court. Once you suspect you have a case, we urge you to contact us right away.
A “Never Event”* is a clearly identifiable and measurable, serious, and usually preventable medical error or event. “Never Events” fall into a variety of categories and consists of medical errors such as bedsores, wrong-site surgery, and medication errors. Medical malpractice is defined as negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient.
If you suspect you or a loved one are victims of medical malpractice, negligence or nursing home abuse, please contact us today to speak with an attorney. Our goal is to make sure that your patient rights are protected and that medical professionals and facilities are held accountable for their actions.
A Few Examples of Medical Malpractice & Never Events
- Wrong Surgery Procedure
- Surgery on Wrong Body Part
- Unintended Foreign Object in Patient
- Unnecessary Surgery on Wrong Patient
- Artificial Insemination with Wrong Sperm or Donor Egg
- Intraoperative or Immediate Postoperative Death in American Society of Anesthesiologists Class I Patient
- Death or Disability associated with Intravascular Air Embolism at health care facility
- Death or Disability resulting from Contaminated Drugs, Devices or Biologics by health care facility
- Death or Disability associated with use or function of Device, where Device is used for other functions than intended
- Infant Discharged to Wrong Person
- Patient Death or Disability associated with Patient Disappearance
- Patient suicide, or Attempted Suicide resulting in Serious Disability while at a health care facility
- Abduction of a patient at any age
- Sexual Assault on a Patient within or on the grounds of a healthcare facility
- Instances of Care Ordered or Provided by Someone Impersonating a Healthcare Provider
- Death or Injury of a patient or staff member resulting from Physical Assault within a healthcare facility
- Stage 3 or 4 Pressure Ulcers/Bed Sores/Decubitus Ulcers
- Patient Death or Disability associated with Medication Error
- Patient Death or Serious Disability due to Spinal Manipulative Therapy
- Patient Death or Disability associated with Hypoglycemia, onset occurring in health care setting
- Death or serious Disability associated with failure to identify and treat Hyperbilirubinemia in Neonates
- Maternal death or Disability associated with Labor & Delivery of Low-Risk Pregnancy in health care facility
- Patient Death or Disability associated with Hemolytic Reaction due to Administration of Incompatible Blood or Blood Products
- Patient Death or Disability associated with a Burn incurred from Any Source at health care facility
- Patient Death or Serious Disability associated with a Fall while being cared for in health care facility
- Wrong Gas delivered to a patient via Designated Line, or Contaminated Gas with Toxic Substances
- Patient Death or Serious Disability associated with use of Restraints or Bedrails in a health care facility
- Patient Death or Disability associated with Electrical Shock or Electric Cardioversion while cared for in heath care facility
How Medical Malpractice Compensation Works
Compensation in Florida is a little tricky for medical malpractice. The law states that there should be a limit to what you are allowed to get when you bring a claim against a medical professional. These limitations only apply to compensation for things that are non-economic damages which includes mental anguish, pain and suffering, stress, scarring and disfigurement, and loss of companionship. You will not see a cap for damages that are tactile and concrete such as your medical bills, lost wages, and treatments all past and future. There are more complicated aspects to these caps which your attorney can explain to you during your free consultation if they apply to your case.
Contact Our Jacksonville Medical Malpractice Lawyers Today
If you have been a victim of medical malpractice, please do not hesitate to call the Jacksonville medical malpractice lawyers at Edwards & Ragatz today to set up a free case evaluation. We will guide you through this medical malpractice claim every step of the way. These cases are complicated and you don’t want just anyone to handle it. Our attorney is experienced and had handled these medical malpractice cases frequently and know how to use our expertise to get you the best possible result. We look forward to taking your call and showing you how you can turn this terrible situation around. Your case is a priority to us.