At Dolman Law Group, we understand the difficulties you face as a victim of a medical malpractice injury. We could help you hold the doctor, hospital, or another liable party accountable. We aim to recover money for the injuries, expenses, and losses you incurred. We are here for you.
It is not easy to fight against medical institutions and insurance companies to get the compensation you need or for them to admit fault for your injury. Our Jacksonville medical malpractice lawyers understand the system is up against you, and we are not afraid to take it on and fight for the compensation you may be eligible for under the law.
Positive Results for Clients of Dolman Law Group
We take the commitment to our clients seriously and take pride in the successful outcomes and results for our clients. We understand the importance of recovering compensation for the victims of medical malpractice and their families.
We can negotiate an out-of-court settlement with the liable party's malpractice insurance provider or represent you at trial and ask the jury to award compensation for your damages. Our team stands by our clients throughout the claims process and will fight for the money you are eligible to recover until we have your check in hand or the case is otherwise over.
Potential Causes of Medical Malpractice in Jacksonville
It's hard for a victim of medical malpractice to know what went wrong and injured them. Medical malpractice in Florida does not always appear the same and can happen in many different scenarios. Our attorneys know how to recognize malpractice and get the necessary evidence to prove it occurred, who is responsible, and how much our client lost as a result.
As a patient, you trust that the healthcare professionals will take the steps necessary to protect your health and prioritize your well-being. Unfortunately, this is not always the case.
Medical providers and their staff must uphold their duty of care to you throughout each stage of care. If they fail to meet their obligations to you either in their direct actions or by failing to act, they can be liable to you for the injuries and damages that result. The cause of most medical malpractice cases is negligence.
Causes of Medical Malpractice Can Include:
- Errors in diagnosis - A medical professional can deviate from reasonable care of a patient and fail to diagnose a threat to the patient's health, offer an incorrect diagnosis, or delay a diagnosis unnecessarily. In these cases, the patient can suffer greatly, resulting in a dire situation.
- Mistakes during surgery - Surgical errors are a common source of medical malpractice claims. Errors in surgery can include the operation of the wrong body part, internal bleeding or damage from incisions, or the loss of surgery tools or supplies within the body cavity.
- Improper administration of anesthesia - Anesthesia can cause trouble for many patients. Some patients even lose their lives due to incorrect dosage or a healthcare worker's failure to consider the patient's medical history. If anesthesia injures or kills a patient, the anesthesiologist or party responsible for its administration may bear liability for the injuries and damages.
- Incorrect dosage or use of prescription medication - Prescription errors that damage a patient's health can occur in many stages and situations. The patient's doctor may prescribe the wrong dose or type of medication. A nurse or assistant can administer the wrong drugs in a hospital or rehabilitation setting. A pharmacist error can result in a patient unknowingly taking the wrong prescription. Prescription errors can significantly affect a patient's health and may lead to the patient suffering worsening symptoms or a progression of their illness or injury.
- Failures or delays in treatment - When a patient seeks the help of a medical professional, they expect the doctor to take the steps necessary to address their concerns and figure out what might be wrong. Unfortunately, a doctor may overlook a patient's complaints without further investigation. This can lead to an overall failure to treat a condition or cause delays in treatment. Such an action can cause a deterioration of the patient's health or a more dire prognosis.
- Lack of communication or information to the patient - A healthcare provider must inform each patient who seeks care from them about their conditions and the risks of a treatment plan, surgery, or other procedure. Patients must consent to medical treatment, but they must do so with all the information to make informed decisions. Informed consent is a critical component of the patient/doctor relationship. A failure in this aspect that later results in injury can be the basis for a medical malpractice claim.
- Insufficient follow-up - Follow-up care is necessary to ensure that patients are improving and healing after treatment by a medical professional. Failures in follow-up can cause secondary complications and risks such as a life-threatening infection.
The Potential Injuries in Medical Malpractice
Some patients may be in good health before the medical malpractice incident that causes an injury. Most others likely deal with the illness or injury they originally sought healthcare for. At first, some patients may not know if medical malpractice occurred, and they can't get answers about the long-term impacts of their injuries or how they happened.
Medical malpractice injuries can result in a patient seeking care for an injury or illness but then suffering unnecessary pain and further difficulties and complications when their providers fail to prioritize their interests. Their initial injury or illness could get worse while the actions taken by the negligent care provider caused additional health concerns.
Some victims of medical malpractice may recover with the help of a competent healthcare professional and a proper treatment plan. However, other victims can suffer lifelong consequences from the negligent actions of a medical professional. Some injuries may not heal, and recovery can be difficult or impossible depending on the type of injury and the severity of the patient's injury.
Common Injuries in Cases of Medical Malpractice Include
- Birth injuries - Prenatal care, labor, and delivery are crucial times when medical professionals must ensure the safety of the mother and child. From the identification of potential problems or risks to the child or mother, the decision to perform a Cesarean in emergencies, or the choice by a provider to use certain equipment, devices, or techniques, many circumstances can lead to avoidable injuries if providers fail to make correct or timely medical decisions.
- Surgical injuries - Surgeons can perform numerous surgeries each day, and sometimes the need for emergency surgery can arise from hectic situations. However, these doctors must always uphold the standard of care their position requires. When carelessness and negligence occur during surgery, a patient's health and life are at risk of injury.
- Worsening an illness or condition - When a provider fails to diagnose or properly treat a condition, the patient will not receive the help they need. This can mean a patient's life is put unnecessarily at risk, or their longevity and ability to recover from their condition is in jeopardy.
- Secondary infection - Patients that suffer an injury or undergo a surgical procedure are at high risk of infection for some time afterward. Medical providers and staff must take preventative action to protect the patient from the possibility of severe infection. If they don't, a patient may fall victim to a secondary infection and the risks and complications that come with it.
- Traumatic brain injury - Deprivation of oxygen during a surgical procedure, childbirth, or improper administration of anesthesia can injure the brain. These brain injuries are often severe and could impair a patient's mobility, movement, and mental capacity.
- Fatal injuries - The negligence of a medical provider can have deadly consequences for a patient. If a patient loses their life due to the actions of a doctor or other healthcare staff and the fatal injury was preventable, they can be liable to the surviving family and loved ones for their sudden loss.
Damages in a Jacksonville Medical Malpractice Claim or Lawsuit
The compensation in medical malpractice cases will depend on the type of injury a victim sustains, in combination with the effects the injury or condition will have on their life. Our attorneys work with our clients to identify, prove, and value the damages they suffered resulting from medical negligence and build a case to recover them.
A victim who suffers an injury due to medical negligence can seek compensation for economic and non-economic damages under the law. Each category of legal damages covers a patient's losses that relate to their injury and the impact of those injuries. However, case values can vary depending on which party runs the numbers.
After a medical malpractice claim, the medical malpractice insurer of a provider, if applicable, will make a different determination of your damages - if they accept liability for the injuries. However, insurers rarely offer victims the fair compensation they deserve. This is where a Jacksonville lawyer who represents you can make a significant difference in the outcome of your case.
We Will Valuate Your Medical Malpractice Losses
Your attorney can help you independently evaluate your injuries and the losses that result from those injuries. While many of these losses will relate to your medical care and needs and your lost work, some losses will come because of the effects of the injuries on your personal life and future.
A calculation of losses that accounts for each aspect of damage due to an injury can help you better understand the value of your case and what fair compensation is.
Economic and Non-Economic Damages in a Medical Malpractice Claim Include
- Current and future medical costs
- Current and future income losses and income potential
- Suffering and pain due to your injuries and the recovery of those injuries
- Impact on your quality of life and/or the enjoyment of your life
- The loss of companionship due to the death of a loved one
- The expenses for the funeral and burial of a loved one
- The loss of contribution to a family from the wrongful death of a loved one
Who May Be Responsible for Your Injuries Due to Medical Malpractice?
Fault for injuries is always a difficult topic, and it is especially complex in medical malpractice accidents. The relationships between patients, providers, staff, and facilities will depend on various factors and the terms of each party's employment or practice. A medical malpractice lawyer can look at each party that took part in your care and whether any of those parties had a hand in your injuries.
Medical negligence often lies in the party directly responsible for your injuries because of their actions or failure to act. Thus, the doctor who failed to order the expected tests, misdiagnosed you, or prescribed the incorrect treatment is likely to be the negligent party in many circumstances.
However, there are situations in which multiple parties can be at fault. In some instances, the discovery of the evidence may show that more than one party was negligent in their care and protection of a patient's health and well-being. Even a party's indirect actions can be responsible for the injuries and losses to you.
Fault in a Medical Malpractice Claim or Lawsuit Can Include Parties
- A doctor
- A nurse or nurse assistant
- A hospital, healthcare facility, group practice, or rehabilitation center
- An anesthesiologist
- A pharmacist or pharmacy tech
- A manufacturer or distributor of a prescription
Our Lawyers Can Prove Negligence in Your Medical Malpractice Case
Our medical malpractice lawyers have handled many of these cases. We know how to prove what happened, who the responsible is, and how their actions affected our client. It is ok if you are unsure who is liable for your injuries or if your case even rises to the level of medical malpractice. We can assess your options based on what happened to you and build your case.
Because we are not doctors and certainly not specialists in your illness or injury, these cases often rely on expert witnesses. We team up with doctors to review each clients' medical records and other documents and determine if medical negligence occurred. They can affirm:
- What they would have done under the same circumstances
- What the standard response should have been
- If the doctor provided care that would meet the expected standard
- If they believe malpractice caused the injuries
- How they believe the doctor's actions affected the client
We work with a network of professionals, allowing us to choose the one that best suits each case. They have similar training, experience, and geographical area as the care provider accused of malpractice in most cases.
Statute of Limitations for Medical Malpractice in Jacksonville
In Florida, a victim of medical malpractice must file a lawsuit against the at-fault party within two years of the date of the discovery that malpractice took place. Suppose a victim fails to file a lawsuit with the court within the statute of limitations. In that case, they can't seek compensation for their losses unless concealment, fraud, or the misrepresentation of a practitioner delayed the discovery of malpractice.
Other exceptions could exist that alter the timeline in your case. In addition, there may be concerns about when the date of discovery was, or the at-fault parties may try to claim the malpractice was discovered earlier. Our attorneys know what to do under each of these circumstances.
Contact Our Team for a Free Case Consultation
For the best possible outcome in your case, it is always best to contact a Jacksonville personal injury lawyer at Dolman Law Group at (727) 451-6900 as soon as you suffer an injury at the hands of the medical professionals responsible for your care. Our team is ready to take on your medical malpractice case.
We can evaluate your legal options based on the circumstances of your injuries and offer our advice about moving forward with your case. Contact us today to get started.