Gainesville Medical Malpractice Lawyer Near You
Were you or a loved one injured due to a mistake made by a doctor, nurse, or other healthcare provider in Gainesville, FL? You could have a legal right to pursue compensation for your losses due to a medical injury. Medical bills, lost income, therapy costs, pain and suffering, and other losses can be claimed in a medical malpractice claim.
The experienced Gainesville medical malpractice lawyers at Allen Law Accident & Injury Lawyers understand your concerns and know how to fight for what you deserve. Our dedicated legal team will review all facts of your claim and fight hard to maximize your financial recovery in a medical malpractice case. To learn more about your options if you were injured due to medical negligence, call our law offices at (877) 255-3652 to schedule your free consultation.
How Allen Law Accident & Injury Lawyers Can Help You With a Medical Malpractice Claim in Gainesville
Medical malpractice claims can be complicated and sometimes hard to prove. After any type of injury due to medical negligence, you might wonder what your options are and whether you have a potential medical malpractice claim. After a medical injury, you can also find yourself facing unexpected medical bills, lost income, prescription costs, rehab costs, and other surprise out-of-pocket expenses.
A Gainesville personal injury attorney will carefully analyze the facts of the incident and can take the following steps for you:
- Meet for a no-risk, free consultation to discuss all details of your potential claim
- Investigate the incident, who was involved, and who could be legally liable to you
- Collect evidence, including medical records, witnesses, and other documentation
- Negotiate with an insurance provider to fight for a fair settlement
- File a personal injury lawsuit on your behalf when needed
- Handle every step involved in a medical malpractice lawsuit
- Hire medical experts to testify regarding your injury and medical care
- Take your medical malpractice case to a jury trial if necessary to seek what you deserve
At Allen Law Accident & Injury Lawyers, our Gainesville medical malpractice attorneys will fight each step of the way to pursue fair compensation for your losses.
How Much Does It Cost To Hire a Lawyer in a Gainesville Medical Malpractice Case?
Medical malpractice lawyers will represent clients using a contingent fee in most cases. In a contingent fee case, a victim of medical malpractice can hire a skilled personal injury lawyer without being asked to pay a large retainer fee upfront. Instead, the lawyer will only collect their fees if your claim succeeds and results in a financial award. If you are awarded compensation, the lawyer will collect a percentage of the overall award based on the terms agreed upon at the start of your case.
What about the fees and costs that go along with your medical malpractice case? Your lawyer will pay the costs upfront and be reimbursed at the end of a winning case. Costs can include court filing fees, costs of hiring an expert witness, and other expenses related to your case.
If your case does not result in a settlement or a jury award, you are not required to pay any attorney fees at all in a medical malpractice case. In this way, contingent fee agreements shift the risks to the lawyer instead of you. During your free consultation with a medical malpractice lawyer at Allen Law Accident & Injury Lawyers, we can discuss contingent fees in more detail.
How Do Medical Malpractice Injuries Happen in Gainesville?
Medicine is a complex field with many areas of specialization. Doctors, nurses, and others in the healthcare industry must undergo extensive training before they can treat patients. For doctors and nurses, this training and education takes years. However, medical errors can still happen. Patients harmed by a medical mistake have a right to pursue a medical malpractice claim.
Some of the more frequent causes of medical malpractice in Gainesville can include:
- Misdiagnosis of a disease or medical emergency
- Misinterpreting lab results
- Administering the wrong medication or dosage
- Prescribing the wrong medication or dosage
- Failing to recognize a patient’s symptoms and make a diagnosis
- Failing to observe a patient’s full history
- Mistakes due to fatigue or burnout
- Mistakes due to understaffing
- Mistaken patient charts and identities
- Unsafe or unsanitary conditions
- Using outdated medical equipment
- Failing to update medical training and knowledge
- Failing to follow up with post-treatment care
As you can see, many different things can happen, any of which might constitute medical malpractice. However, you’ll need to identify what medical error led to your outcome. Understanding the true cause of your injuries is where experienced malpractice lawyers and medical experts can come to your aid. At Allen Law Accident & Injury Lawyers, our legal team will carefully investigate your claim using all available resources.
Common Injuries In Florida Medical Malpractice Claims
Injuries due to medical malpractice can have short-term and long-term consequences. Sadly, some consequences can be permanent or even fatal.
Frequent injuries caused by medical negligence include:
- Worsening of an injury or health condition
- Need for additional medical treatment, including invasive procedures
- Depression and anxiety
- Nerve damage
- Blood clots
- Loss of mobility
- Infections
- Bed sores
- Sepsis
- Paralysis
- Coma
- Wrongful death
These and other outcomes of medical mistakes can be devastating for patients and their families. All too often, medical injuries will cause a person significant hardship, even preventing them from living the life they led before the injury. We are here to help you recover financially as you focus on recovering physically and mentally.
What Is the Value of My Medical Malpractice Case?
Money damages in a Gainesville medical malpractice case include economic damages and non-economic damages.
Economic damages refer to your actual financial losses due to malpractice, such as:
- Increased and unexpected medical bills
- Out-of-pocket expenses
- Costs of future treatment, including rehab, therapy, and counseling
- Lost wages
- Reduced future earnings due to long-term injuries.
It is important to document the additional medical care and expenses caused by a medical mistake. Your lawyer will also help you prove missed work, lost income, and other losses due to medical negligence.
Non-economic damages address your personal and emotional damages due to someone else’s negligence. These might include:
- Pain and suffering
- Reduced quality of life
- Loss of companionship with a loved one
- Disfigurement
- Disability
The above are examples of non-economic damages that can be included in an overall financial settlement.
What Is Negligence and How Can I Prove It in a Medical Malpractice Case?
Most medical malpractice claims involve the legal theory of negligence. To collect monetary damages in a medical malpractice case, you must prove that one or more healthcare providers were negligent in performing their duties.
A plaintiff’s burden of proof in a medical malpractice case is a preponderance of the evidence–not proof beyond a reasonable doubt. Preponderance means you will need to show that it was more likely than not (more than 50%) that the doctor, nurse, or other provider’s mistake caused your injury.
In a medical malpractice case, proof of negligence requires four separate elements, all of which must exist:
- Duty of care between the provider and the patient;
- Breach of that duty of care by the provider of care (the provider must have failed to act as a similarly experienced doctor, nurse, etc., would have in the situation);
- Causation between the provider’s actions and your injuries;
- Damages such as physical harm, medical bills, lost wages, and more.
A Gainesville medical malpractice lawyer will aim to prove negligence using evidence such as:
- Medical records
- Medical bills
- Charts, reports, and other documentation regarding your care
- Witness testimony
- Expert witnesses, including medical experts can testify about your injuries and what the standard of care was for your treatment.
Your personal injury attorney will assemble and present evidence to prove negligence in a medical malpractice claim.
What Is the Statute Of Limitations In Florida for a Medical Malpractice Lawsuit?
The statute of limitations is two years to file most medical malpractice lawsuits in Florida.
The two-year period normally starts on either:
- The date of the medical error;
- The day when your injuries were discovered (especially in medical malpractice claims, you might not know you were harmed until well after the negligent act took place);
- The date of a loved one’s wrongful death due to medical negligence.
Florida law sets certain notice periods that can also affect the deadline for a medical malpractice lawsuit. An experienced Gainesville medical malpractice lawyer will know when to file and how the statute of limitations applies to your case. Filing within the correct statute of limitations is critical–if you fail to meet the deadline, you could forever lose your opportunity to sue for damages.
Contact a Gainesville Medical Malpractice Lawyer Today for a Free Consultation
You have important legal rights if you or a loved one were harmed due to medical malpractice in Gainesville. These include a right to fair compensation for your losses. The dedicated legal team at Allen Law Accident & Injury Lawyers can help you recover the settlement you deserve. Call our legal team now to schedule your free consultation with a Gainesville medical malpractice lawyer.
Gainesville Medical Malpractice Review
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