Top 4 Questions About Medical Malpractice Claims in FloridaJacksonville Accident News
Victims of medical malpractice may be able to file a claim against the medical provider that caused their harm when the medical provider did so because of negligence. The rules for filing and pursuing a medical malpractice claim are different in every state. But, the basic idea that medical providers can be held accountable for their actions when they make mistakes that cause illness or injuries to their patients exists across the board.
The other fact of medical malpractice claims that tend to be true is how complicated and expensive they are. These injury claims are some of the most difficult to win, mostly because of the cost and the high standard to meet when it comes to establishing that a medical provider acted negligently and then proving that is why the patient sustained harm. It is dependent upon the patient to prove that medical malpractice existed, the medical provider, by contrast, does not have to bear the burden of proof.
In Florida, if you have been injured by mistakes made by your medical provider you may have a case for a Florida medical malpractice claim. One of the talented and experienced Jacksonville medical malpractice attorneys at The Law Offices of Sheftall & Associates can review your case and discuss with you its merit with respect to filing a claim for compensation. The Florida medical malpractice lawyers at The Law Offices of Sheftall & Associates understand how to comprehensively evaluate potential medical malpractice cases and advise victims of their best legal options.
How Often Do Patients Win Their Medical Malpractice Claims?
Medical malpractice claims are something that doctors have to be prepared to face at some point in their careers. According to the AMA Journal of Ethics, as high as one in three medical providers will face at least one lawsuit while they are active in their career. Some medical specialties have a higher risk of being sued. Surgeons, for instance, have some of the highest rates of legal challenges from medical negligence. Despite this, almost 80% or higher of medical malpractice cases that go to trial favor the physician over the patient.
This is why it is critical to have your case reviewed by a proficient and knowledgeable Jacksonville personal injury attorney who will be best positioned to explain the process and advise you of the value and strength of your case. In some cases, the cost and effort to file a claim are not in a party’s best interest. Other times, there is a very real need and benefit for taking legal action against a negligent medical provider.
If you have a valid case to file a Florida medical malpractice claim, then having experienced legal counsel on your side improves your chances of securing the most favorable outcome. For all of your questions about medical malpractice in Florida, the Jacksonville medical malpractice lawyers at The Law Offices of Sheftall & Associates can provide you with strategic and skilled legal guidance.
What are the Most Commonly Asked Questions About Medical Malpractice in Florida?
The following four questions are some of the most frequently asked when it comes to medical malpractice in the state of Florida:
What defines medical malpractice?
Any type of medical professional that engages in actions or behaviors that other similar medical professionals in an identical situation would not do and could also be seen as unreasonable can be deemed medical malpractice. Doctors, surgeons, pharmacists, hospitals, psychiatrists, and more are all susceptible to making serious medical errors that can cause their patients undue harm.
What types of medical errors can be determined to be medical malpractice?
There are many types of medical malpractice including but not limited to:
- Failure to diagnose
- Improper prescriptions
- Incorrect prescription dosage
- Surgical errors
- Anesthesia errors
- Childbirth injuries
These are just some examples of the types of medical malpractice incidents that can take place and cause patients great harm or even death in the most severe cases.
Is it expensive to work with an attorney for a Florida medical malpractice case?
When you have a legitimate and sound medical malpractice claim, it can actually cost you much more not to work with an attorney. This is because litigating these highly complex legal claims takes experience, an understanding of the law, a keen knowledge of how the process works, and what is needed to establish negligence. An attorney with the right background will know how to do this. Also, an attorney will be able to more accurately calculate the full amount of damages that a victim suffered. Since working with an attorney in any injury situation improves a victim’s chances of winning their case, working with an attorney in a medical malpractice case gives victims the best outlook for the most favorable results with the highest amount of recovery. Also, many times, a medical malpractice attorney will not take a case they do not believe they can win and they also work on a contingency basis. What that means is that victims do not pay the attorney for their services until the attorney wins their case for them.
Is there a timeframe that limits the ability a victim has to file a medical malpractice suit in Florida?
Like most legal suits, there is a statute of limitations to file a claim. The Florida statute of limitations for medical malpractice claims is anywhere from two to seven years. The amount of time you have depends on the circumstances of your case. The important thing to understand is the sooner you get your case to an attorney, the sooner they can begin working on it. There can always be bumps in the road or unexpected challenges that can come up that can delay your claim, so preparing for that by getting started on your case early is critical.
Speak to a Jacksonville Medical Malpractice Attorney Today
The aftermath of medical malpractice can be disabling and deadly. The Jacksonville wrongful death attorneys at Sheftall Law are here to discuss your case with you. When you were harmed by a medical provider, please call The Law Offices of Sheftall & Associates today to schedule a free consultation at (904) 638-7712.