Jacksonville Hospital Negligence Attorneys

Proving Liability in Hospital Negligence Lawsuits

Hospital negligence cases can be complex and difficult to win. Often, such cases involve a myriad of legal intricacies that demand a comprehensive understanding of medical malpractice in Florida. 

Fortunately, Edwards & Ragatz, P.A. has the necessary skills, in-depth knowledge, and resources to build you a robust and well-fortified case. Our board-certified lawyers can evaluate your claim with a practiced legal eye to identify potential damages and establish liability under the law. 

4 Elements to Establish Hospital Negligence in Florida

In a hospital negligence lawsuit, the plaintiff bears the burden of proof, meaning that the injured party is responsible for establishing negligence on the part of the defendant (e.g., the hospital facility or professional). We can help you recover damages in a hospital negligence lawsuit by establishing four necessary elements. 

These critical elements include: 

1. The hospital owed you a duty of care: First, you must establish that the hospital owed you a duty of care. This entails the standard of care and skill that reasonably prudent hospitals would provide in similar circumstances, such as providing sufficient training for hospital staff, maintaining accurate medical records, and taking reasonable measures to keep facilities safe and sanitary. 
2. The hospital breached their duty of care by acting negligently: You must demonstrate that the facility failed to meet the reasonable standard of care by acting carelessly or irresponsibly. For example, if patients contract an infection due to insufficient sterilization or outdated medical records, this may be considered a violation of the standard of care. 
3. The patient suffered compensatory damages: Next, you must show that the breach of duty resulted in compensatory harm (damages) to have a valid hospital negligence claim. Our firm can thoroughly investigate your case to ensure all liable parties are identified and seek maximum compensation for all types of damages. 
4. The hospital’s negligence directly caused the patient’s injuries: Finally, you must establish “proximate cause” to show that the hospital’s negligence is directly responsible for the harm you’ve suffered. Our lawyers can help you gather evidence and present your case in a compelling light to establish liability and recover the damages you’re rightfully entitled to. 

Recoverable Damages in a Hospital Negligence Claim 

Depending on the circumstances of the case, various types of damages can be recoverable in a hospital negligence claim. 

Potentially recoverable damages include: 

• Economic Damages: These cover financial losses that can be quantified into monetary amounts, such as hospital bills, long-term care, prescription medications, physical therapy or rehabilitative treatment, lost wages, and loss of earning capacity. 
• Non-Economic Damages: These cover non-financial losses that aren’t easily quantified, such as scarring/disfigurement, emotional distress, pain and suffering, loss of enjoyment of life, and loss of consortium. 
• Punitive Damages: In rare circumstances, the court may also award punitive damages. Unlike the above damages, which are awarded to compensate the victim for losses, punitive damages are awarded to punish the defendant for extreme malice or negligence. 

Our compassionate attorneys have more than 150+ years of combined experience advocating for wrongfully injured patients. With an in-depth understanding of Florida laws and a proven track record of top-ranking national verdicts, our lawyers can seek justice by pursuing the fullest extent of damages available to you, allowing you to focus on healing during this difficult time. 

From birth injuries to misdiagnoses, medical negligence can inflict serious harm on patients. Contact us online to discuss your case with our board-certified lawyers.