Jacksonville Medical Malpractice Lawyers

What Constitutes Medical Malpractice in Florida? 

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to a patient. The “standard of care” refers to the level of skill and diligence that a reasonably competent medical professional would provide under similar circumstances.

To prove medical malpractice in Florida, four key elements must be established:

1. Duty of Care – The healthcare provider had a responsibility to treat you according to accepted medical standards.
2. Breach of Duty – The provider failed to meet that standard of care.
3. Causation – The breach directly caused your injury or worsened condition.
4. Damages – You suffered measurable harm, such as physical injury, emotional distress, lost income, or additional medical bills.

Our Jacksonville medical malpractice attorneys work closely with medical experts to evaluate your case, gather evidence, and prove that negligence occurred.

Common Forms of Medical Malpractice

Medical malpractice can take many forms, ranging from diagnostic mistakes to surgical errors. Below are some of the most common examples our firm encounters:

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.

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. 

How Does Medical Malpractice Occur?

Medical malpractice can occur for many different reasons, often stemming from preventable human error, lack of communication, or institutional failures. Understanding the common causes can help you recognize when malpractice may have occurred.

• Fatigue and Overwork: Doctors, nurses, and hospital staff often work long shifts under intense pressure. Fatigue can lead to poor judgment, missed symptoms, or critical errors in treatment.
• Poor Communication: Miscommunication between medical staff — such as between doctors and nurses, or between hospital departments — is a leading cause of errors. A breakdown in communication can result in incorrect medication, delayed diagnoses, or improper post-surgery care.
• Inadequate Training or Supervision: Sometimes, medical facilities allow inexperienced staff to perform procedures without sufficient oversight. When this happens, the risk of serious injury increases dramatically.
• Failure to Follow Protocols: Hospitals have strict safety protocols designed to prevent mistakes, such as verifying a patient’s identity or double-checking medications. When staff fail to follow these procedures, patients can suffer severe harm.
• Misinterpretation of Test Results: Radiologists, lab technicians, and physicians may misread diagnostic tests such as X-rays, MRIs, or blood panels. This can lead to incorrect diagnoses and unnecessary or harmful treatments.
• Inadequate Patient Monitoring: A patient’s condition can change rapidly during surgery or recovery. Failing to monitor vital signs or react promptly to warning signs can result in permanent injury or death.
• Administrative or Systemic Errors: Beyond individual mistakes, many malpractice cases arise from systemic issues — such as understaffed hospitals, outdated technology, or lack of proper recordkeeping. These institutional problems can lead to errors that harm multiple patients.

Medical Malpractice Laws in Florida

Florida’s medical malpractice laws are designed to protect patients, but they also impose strict procedural rules that make these cases challenging. Understanding these laws is crucial to building a strong case.

Statute of Limitations

Under Florida Statutes §95.11(4)(b), you generally have two years from the date of the malpractice — or from when the injury was discovered or should have been discovered — to file a claim. However, no action can be brought more than four years from the date of the incident, except in cases involving fraud, concealment, or minors.

Presuit Investigation Requirement

Florida law requires potential plaintiffs to conduct a presuit investigation before filing a lawsuit. This includes obtaining an expert medical opinion confirming that malpractice likely occurred. The process ensures that only legitimate claims move forward but can also make the process complex.

Damage Caps

Although Florida previously had caps on non-economic damages (like pain and suffering), the Florida Supreme Court has struck down these limits as unconstitutional. Today, victims can seek full compensation for both economic and non-economic losses.

Comparative Negligence

Florida follows a modified comparative negligence rule, meaning your compensation may be reduced if you are found partially at fault for your injuries. If you are more than 50% at fault, you may be barred from recovery.

Recoverable Damages in Medical Malpractice Claims

Depending on the specific circumstances, victims may be eligible to seek compensation for both financial and non-financial losses. 

Various types of damages can be recovered in medical malpractice lawsuits, including: 

• Economic damages: These cover financial losses that can be quantified, such as past and future medical expenses, lost wages, rehabilitative care, and property damage. 
• Non-economic damages: These cover non-financial losses that aren’t easily quantified on a monetary scale, such as pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium, and scarring/disfigurement.

In rare cases, victims may also be eligible to recover punitive damages. Unlike economic and non-economic damages, the purpose of punitive damages is to punish the offending healthcare provider or entity (defendant) rather than compensate the injured patient (plaintiff). Punitive damages are only awarded in claims involving extreme negligence or malice.

Medical Malpractice FAQs

How do I know if I have a valid medical malpractice claim?

If you suffered unexpected complications, a worsened condition, or new injuries due to medical treatment, you may have a case. An attorney can review your records and consult with medical experts to confirm whether malpractice occurred.

How long will a medical malpractice case take?

These cases often take months or even years due to the complex medical and legal investigations required. Our firm works efficiently to move your claim forward while protecting your rights.

Will I have to go to court?

Many malpractice cases settle out of court. However, if a fair settlement cannot be reached, our trial attorneys are fully prepared to present your case before a jury.

What does it cost to hire your firm?

At Edwards & Ragatz, P.A., we work on a contingency fee basis — meaning there are no upfront costs, and you only pay if we win your case.

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.