Jacksonville Medical Malpractice Lawyers
Helping Injured Patients Take a Stand Against Medical Negligence
As patients, we invest tremendous trust in doctors and healthcare personnel to provide safe and adequate care. Sadly, not every medical professional can be trusted to prioritize our well-being, opening the door to serious injuries and even fatalities. When hospitals and healthcare providers inflict preventable harm against patients, our medical malpractice lawyers are here to hold all liable parties accountable.
At Edwards & Ragatz, P.A., we’re committed to pursuing justice and maximum compensation for victims of medical negligence. With over 150 years of combined experience, our Jacksonville medical malpractice attorneys have an in-depth knowledge of Florida law to pursue justice at all costs. We can guide you throughout each step of your case, from filing your claim to negotiating effectively to maximize the compensation available to you.
If you were harmed by medical negligence, our attorneys can fiercely protect your rights. Call (904) 295-1050 to schedule a free consultation.
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What Constitutes Medical Malpractice in Florida?
In Florida, medical malpractice occurs when a healthcare provider or facility fails to meet the standard of care, resulting in preventable harm or injury to the patient. This extends to various parties, such as nurses, technicians, psychiatrists, physicians, and hospitals.
There are many kinds of medical malpractice claims, as the term is more of an umbrella that covers many different topics.
Common types of medical malpractice claims we handle include:
- Misdiagnosis
- Delayed diagnosis
- Errors during surgery or treatment
- Prescription and medication errors
- Failure to prevent or treat a condition
- Failure to monitor a patient's condition properly
- Failure to recognize post-operative complications
- Failure to obtain legally effective informed consent
Our medical malpractice attorneys in Jacksonville, FL are experienced in navigating the complex legal system and can help you determine if you have a valid claim.
Reliable Representation for Medical Malpractice Claims
Our board-certified lawyers prepare every case for trial to ensure you’re compensated fairly, regardless of deceitful tactics by insurers and other involved parties. Unlike other firms that treat clients like case numbers, our compassionate advocates go above and beyond to truly understand your unique needs.
Our attorneys can work closely with you to recover the full damages you’re entitled to while making your personal goals our own. We have extensive experience representing injured Floridians in a wide range of medical malpractice lawsuits.
Common types of medical malpractice cases we handle include:
- Birth Injuries: When healthcare providers fail to adhere to the appropriate standard of care during pregnancy, labor, or delivery, infants can sustain permanent injuries.
- Diagnostic Errors: When doctors fail to diagnose or misdiagnose a condition, patients can suffer significant harm from untreated or improperly treated illnesses.
- Heart Attacks: Since heart attacks are often fatal, doctors must make quick and accurate diagnoses. Misdiagnosing or failing to diagnose a heart attack can result in severe consequences for patients.
- Strokes: When a stroke is misdiagnosed or not treated promptly, the patient can suffer permanent brain damage or death.
- Hospital Negligence: Hospitals have a duty to provide safe and competent care. When they fail to do so, patients can suffer from preventable infections, falls, or other types of harm.
- Pharmaceutical Negligence: Pharmaceutical companies and pharmacists have a duty to provide safe and effective medications. When they fail to do so, patients can suffer severe side effects or adverse reactions.
- Stevens- Johnson Syndrome: This is a severe and potentially fatal skin reaction that can result from taking certain medications. When doctors fail to recognize the signs of this condition, patients can suffer permanent injuries or death.
- Surgical Errors: These are preventable medical mistakes that occur in operating rooms. Patients who suffer harm due to surgical errors may require additional surgeries and endure lifelong disabilities.
- Weight-Loss Drugs: Certain weight-loss drugs have been found to cause serious health complications. When healthcare providers fail to warn patients about these risks, they can be held liable for any resulting harm.
How Does Medical Malpractice Occur?
Medical malpractice arises when a healthcare provider's actions—or lack thereof—fall below the accepted standard of care, leading to patient harm. This happens for a variety of reasons, often tied to systemic issues or human error in medical settings.
Different causes of medical malpractice include:
- Insufficient training: When medical professionals are not adequately trained in certain procedures or new technologies, they may make critical mistakes that negatively impact a patient’s health. For instance, a surgeon unfamiliar with a specific technique might inadvertently damage surrounding tissues, causing complications.
- Inadequate staffing: Overburdened healthcare workers may struggle to provide appropriate care to each patient, leading to rushed decisions or overlooked details. For instance, a hospital operating with minimal staff might fail to monitor a patient effectively post-surgery, resulting in preventable complications or infections.
- Poor communication: Failures in communication are another frequent cause of medical malpractice, such as neglecting to read a patient's chart carefully. If a physician overlooks essential information like allergies or pre-existing conditions, they might prescribe harmful medications or inappropriate treatments. Similarly, when informed consent isn’t properly obtained, patients may undergo procedures without understanding the risks or alternatives, reducing their ability to make informed decisions about their care.
Why Choose Edwards & Ragatz, P.A.?
Our determined attorneys at Edwards & Ragatz, P.A. are dedicated to delivering the personalized results you deserve to take back your life after medical negligence. When you choose to work with our firm, you’ll put over 150+ years of combined legal experience on your side. Our Jacksonville medical negligence lawyers have a proven track record of success, including record-setting verdicts.
Our nationally recognized firm has a longstanding reputation for delivering legal excellence and experienced representation to clients in their times of need, empowering patients and their families to focus on healing. We understand the immense emotional hardships and complexities of medical malpractice lawsuits, which is why we’re here to guide your steps with wisdom and clarity, allowing you to concentrate on what matters most.
Compassionate Counsel for Medical Malpractice Victims
When it comes to taking back your agency after a wrongful injury, turn to a firm you can trust to keep your best interests at heart. Edwards & Ragatz, P.A. is dedicated to helping victims of medical malpractice fight for the compensation they deserve under Florida law while aggressively protecting their rights.
If you or a loved one suffered a wrongful injury due to medical negligence, turn to our nationally acclaimed medical malpractice firm to secure the reliable representation you deserve. Contact our team today!
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:
- Duty of Care: A doctor-patient relationship existed, obligating the healthcare provider to deliver competent care.
- 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.
- 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.
- 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:
- 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.
- 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.
- 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.
- 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.
- 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.
We Are Edwards & Ragatz
Explore What Sets Us Apart
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Innovative & Strategic Legal StrategiesAt Edwards & Ragatz, we offer custom legal strategies tailored to your situation. Our approach ensures that we collect higher settlements than what an insurance adjuster might offer.
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Committed to Quality Legal CounselOur commitment to a compassionate legal process means we speak with you on-site at the accident location, offer flexible meeting times, manage paperwork on your behalf, and provide consistent updates.
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Proven Legal Experience & Advocacy
With more than 150+ years of combined legal experience, we have taken on multiple million-dollar corporations and received recoveries through the relentless pursuit of justice.