When a medical emergency arises, and you go to the emergency room, you expect to be treated with top care. You trust medical professionals to act urgently and do everything they can to ensure a full recovery. However, when tired or careless doctors make mistakes or fail to meet your expectations, the results can be life-threatening or even deadly.
Far too many emergency hospital visits end with death. According to a study completed by Johns Hopkins, research suggests that medical error or malpractice is the third cause of death in the United States. Medical researchers have further concluded that medical errors cause approximately 250,000 deaths annually in America.
You have options if you or a loved one are suffering because of poor treatment from a doctor or medical professional. The top-rated Jacksonville personal injury lawyers from Fasig | Brooks Law Offices have the experience to defend your claim and secure fair compensation for your losses. Learn if you could have a claim for medical malpractice, and contact us for a free legal consultation in Florida.
Who Can File a Claim for Medical Malpractice in Jacksonville, FL?
Medical error or malpractice can alter your life forever. Depending on the extent of your injuries, you may be unable to return to everyday activities or care for yourself or your family without assistance. If a tragic medical error has stolen your health, career, or family life, you don’t have to stay silent — medical malpractice attorneys in Jacksonville are ready to fight for you.
We are passionate about helping families move forward after medical errors have changed or decreased the quality of their lives. Our Jacksonville medical malpractice lawyers are well-versed in the 2022 Florida Statutes for medical practice found in Chapter 766 Section 106. We represent many medical malpractice claims in Florida, including but not limited to the following:
Doctor or Hospital Staff Negligence
Doctors and medical professionals must offer the highest standard of patient care to avoid medical errors, misdiagnoses, and other preventable medical emergencies. However, busy doctors may fail to provide patients with the proper treatment if they rush through exams, overlook symptoms, or fail to check on their patient’s condition periodically. Medical negligence for doctors or other hospital staff can present in various forms, including:
- Prescribing the wrong type or dose of medication.
- Failure to monitor hospital patients.
- Failure to prevent hospital patient falls.
- Failure to notify other doctors, medical professionals, or hospital staff of patient symptoms, conditions, or medication changes.
- Failure to call for an attending doctor if a medical emergency occurs.
Newborn or Infant Birth Injuries
If your child shows signs of an injury after birth, your doctor could be liable for damages. Birth injuries can range from mild to severe and cause life-long disabilities like cerebral palsy or other physical or intellectual disabilities. Doctors are trained to monitor for fetal distress and must act quickly once your unborn baby’s heart rate drops before or during delivery.
- Failure to diagnose maternal or fetal health conditions before, during, or after childbirth.
- Failure to monitor mother or baby during labor or delivery.
- Failure to use childbirth assistance tools, such as forceps or vacuums, correctly.
Medical Errors During Surgery
Undergoing surgery is traumatic for the human body and even more so if medical errors are made or overlooked. The following errors may constitute medical malpractice, including:
- Leaving surgical tools in the body.
- Completing surgery on the wrong body part.
- Completing the wrong surgery or procedure.
- Discharging surgery patients too soon.
Nurses & Medical Negligence
Nurses assist doctors with caring for patients while doctors make their rounds around the hospital. Nurses can be liable for medical malpractice if:
- Medical information is not documented correctly.
- Information regarding the patient’s medication is not documented or administered properly.
- Failure to monitor the patient’s condition and notify doctors if necessary.
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Medical Malpractice & Wrongful Death in Florida
Medical errors, unfortunately, often lead to the death of hospital patients. When a wrongful death occurs, it is understandable that you want the at-fault party to pay for their wrongful actions. Our highly-experienced Jacksonville wrongful death lawyers are here to help ensure the death of your loved one is not forgotten or overlooked after a medical error in Florida.
According to Chapter 768 Section Section 21 of the Florida Statutes, the deceased’s personal representative can file a lawsuit for wrongful death. Personal representatives are typically named in wills; however, one will be appointed if your loved one does not have a personal representative of their estate.
After a successful wrongful death claim in Florida, surviving family members of the deceased will be awarded compensation for their losses and any out-of-pocket expenses caused by the death of their family member, including:
- Pain and suffering
- Medical and funeral expenses
- Lower quality of life
- Lost wages
- Loss of companionship
- Loss of consortium
- Anxiety or depression
- Loss of instruction from parent to child
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How do I Sue Doctors or Medical Staff for Medical Malpractice in Florida?
Filing a medical malpractice lawsuit can feel overwhelming. You must complete many steps to file a claim against your doctor and be fairly considered for compensation for your injuries and personal and financial damages. If you’re unsure how to begin, attorneys for medical malpractice in Jacksonville can guide you throughout the process.
Medical malpractice victims should begin by receiving an affidavit from a doctor that your injuries could be or are caused by medical malpractice. Once you have received this document, you must send it to the defendant you plan to sue within 90 days of retrieval. During the 90 days, doctors may collect evidence or reach a settlement to offer compensation — however, many times, doctors choose to contest medical malpractice in court.
After 90 days, you may file a medical malpractice lawsuit with an attorney. Depending on how your doctor responds, your claim may settle, or you may be required to go to court to settle your disputes. In this case, a judge and jury will help resolve your medical malpractice claim in Florida.
How to Win a Medical Malpractice Claim in Florida
To increase your chances of winning a settlement, you first should hire a medical malpractice attorney in Jacksonville. Once you have done so, your lawyer can inform you of important factors of a medical malpractice claim in Florida, including but not limited to the following:
- Causation. Your medical malpractice lawyer in Jacksonville must prove your injury was caused by medical errors or malpractice. Attorneys may hire expert witnesses, such as doctors, to offer their expertise and explain how your injury was caused by medical malpractice.
- Liability. Your Jacksonville medical malpractice attorney must also prove who is responsible for your injuries. Lawyers can claim that a medical procedure exasperated your injuries or decreased your quality of life.
- Damages. Once it has been determined that your injuries were caused by medical malpractice and who is responsible, you will be awarded damages for your pain and suffering and out-of-pocket expenses. This can include items such as:
- Medical bills
- Past, current, and future procedure costs
- Lost wages
- Lower quality of life
- Anxiety or depression
- Post-traumatic stress disorder (PTSD)
- Other out-of-pocket expenses
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Can I Afford a Medical Malpractice Attorney in Jacksonville, FL?
Due to the life changes you have suffered, it is understandable that you may worry you cannot afford a medical malpractice attorney. To help medical malpractice victims, our experienced attorneys offer a free case evaluation before filing a lawsuit. By speaking to one of our top-rated attorneys, we can determine if you have a medical malpractice claim and answer other frequently asked questions.
If you file a lawsuit, our wages will be deducted on a contingency fee basis. This means our fees will be removed by a certain percentage of your settlement for your convenience. The percentage will be based on your medical malpractice payout.
To learn if you could be eligible for compensation after a medical error, speak to a lawyer for medical malpractice in Jacksonville. We are only a phone call away.
Hire a Jacksonville Medical Malpractice Attorney
When you trust a doctor will your health and livelihood, you expect them to take your injuries seriously. However, all too often, doctors fail to meet our expectations or leave patients in worse conditions than before. When this happens, they can be liable for medical practice in Florida and the subsequent damages.
It is time to speak up if you’ve experienced a medical error. Allow the attorneys for medical malpractice at Fasig | Brooks Law Offices to fight for you and your family after a life-changing medical error. We can handle even the most complex medical malpractice claim.
Our lawyers are standing by waiting for your call. Get the help you need to move forward, and contact us to schedule a free legal consultation in Jacksonville.
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