Jacksonville Medical Malpractice Lawyers

Jacksonville Medical Malpractice FAQ

What Is the Medical Standard of Care?

The medical standard of care refers to the level and type of care a reasonably competent healthcare professional should be able to provide a patient in typical or expected circumstances. It serves as a benchmark in medical malpractice claims to determine whether a healthcare provider acted appropriately in a given situation. If a provider's actions fall below this standard – meaning that another healthcare provider would have provided better care in a similar situation – and harm occurs, they may be found negligent.

What Is the Statute of Limitations for Medical Malpractice Cases in Florida?

In Florida, the statute of limitations for medical malpractice claims is two years from the date you discovered, or reasonably should have discovered, the injury caused by medical negligence (Florida Statutes §95.11(4)(b)). However, regardless of discovery, all medical malpractice claims must be filed within four years from the date the malpractice occurred; this is known as the statute of repose. 

While these time limits apply to most malpractice claims, there are some exceptions:

• Fraud or Concealment: If a healthcare provider fraudulently conceals the malpractice, preventing you from discovering it, the statute of limitations may be extended. However, no claim can be filed more than seven years from the date of the malpractice. 
• Minor Victims: For victims under the age of eight, the seven-year maximum cap does not bar an action brought on behalf of a minor on or before the child’s eighth birthday. 

Because it is not always easy to determine the statute of limitations in a case, one of the best things plaintiffs can do to protect their rights is to seek help from experienced attorneys as soon as possible. Initiating a medical malpractice claim sooner rather than later can help ensure requirements of the mandatory presuit investigation, which includes obtaining a verified written medical expert opinion to corroborate the claim, can be met and that attorneys have sufficient time to investigate and build a strong case.

How Common Is Medical Malpractice?

Medical malpractice is a significant issue in the United States, as highlighted by a recent Johns Hopkins study. The study found medical errors to be the third leading cause of death, responsible for over 250,000 fatalities annually, surpassing chronic respiratory diseases. The deaths stem from systemic problems like poor communication, underused safety protocols, and diagnostic mistakes, underscoring the need for improved healthcare practices nationwide.

What Must Be Proven in a Medical Malpractice Claim?

To establish a medical malpractice claim, you must demonstrate the following four elements:

1. Duty of Care: A doctor-patient relationship existed, obligating the healthcare provider to deliver competent care.
2. Breach of Duty: The provider failed to meet the accepted standard of care, meaning their actions deviated from what a reasonably prudent provider would have done under similar circumstances.
3. Causation: This breach directly caused your injury. It's essential to show that the harm wouldn't have occurred if not for the provider's negligence.
4. Damages: You suffered actual harm or losses, such as additional medical expenses, lost wages, or pain and suffering, as a result of the injury.

Proving these elements often requires comprehensive evidence, including medical records, expert testimony, and detailed documentation of your injuries and associated costs. Given the complexity of medical malpractice cases, it's crucial to consult with an experienced attorney who can navigate the legal intricacies and advocate on your behalf.

Are There Caps on Medical Malpractice Damages in Florida?

Florida currently does not have caps on non-economic damages for medical malpractice claims, following a 2018 Florida Supreme Court ruling that declared such limits unconstitutional on the grounds of violating equal protection laws. This decision means patients are no longer restricted in recovering for pain and suffering or emotional distress caused by medical errors. However, recent legislative efforts aim to reinstate caps, proposing limits on non-economic damages, though these changes have not yet become law. With this information in mind, it is another reason to start your medical malpractice claim as soon as possible.

How Do I Find the Right Attorney to Handle My Medical Malpractice Case?

Finding the right attorney for a medical malpractice case is critical, as these cases are often complex, require expert testimony, and involve aggressive insurance defense teams. Here are key factors to consider when choosing a medical malpractice lawyer:

1. Experience in Medical Malpractice Cases – Not all personal injury attorneys specialize in medical malpractice. Look for a firm with a strong track record of handling medical negligence claims successfully.
2. Trial Experience – Many malpractice cases require litigation because medical providers and insurers often fight claims aggressively. Hiring an attorney with trial experience ensures your case is in capable hands if it goes to court.
3. Resources and Access to Medical Experts – Medical malpractice cases often hinge on expert testimony from doctors and specialists. A qualified law firm should have the resources to consult top medical experts who can help prove negligence.
4. Proven Results – Review the attorney’s case results and client testimonials to see if they have successfully secured settlements or verdicts in medical malpractice cases.
5. Contingency Fee Basis – Most reputable medical malpractice attorneys work on a contingency fee basis, meaning you pay nothing unless they win your case. Be cautious of firms demanding large upfront fees.

At Edwards & Ragatz, P.A., we have extensive experience in medical malpractice litigation, access to leading medical experts, and a history of success in high-stakes cases. If you’re looking for a trusted medical malpractice lawyer in Jacksonville, contact us today for a free case review.

How Our Jacksonville Medical Malpractice Attorneys Can Help Your Case

Navigating a medical malpractice case can be overwhelming, especially when you're already dealing with the physical and emotional toll of an injury caused by a healthcare provider's negligence. A medical malpractice lawyer from our firm can provide invaluable support by handling the complexities of the legal process, protecting your rights as an injured patient, and fighting for the compensation you deserve. From understanding medical records to attempting to negotiate with insurance companies, we are ready to bring a level of insight that helps you feel more confident about the future of your claim.

Why should you choose Edwards & Ragatz, P.A. for your medical malpractice case?

• We have a long history of impressive case results, including a record-setting $178 million verdict for a client who was harmed by medical malpractice.
• We are trained and experienced trial lawyers, meaning that we can handle your case from start to finish, even if it goes into litigation.
• We have intentionally made medical malpractice our primary practice area of focus, so you can trust in our skills and familiarity with claims like yours.
• We are highly decorated with various professional awards and titles, including a “Best Law Firms – Personal Injury 2025” award from Best Lawyers®.
• We are proud to be active in our community by supporting local fundraisers, charitable foundations, and mutual aid events.

Our medical malpractice lawyers in Jacksonville are committed to pursuing justice for good people. Contact us online or call to schedule a free case evaluation.