Doctors in Gainesville sometimes make mistakes. When a healthcare professional’s mistake is avoidable and causes harm, you may be entitled to compensation based on medical malpractice.
Let a Gainesville medical malpractice lawyer at Allen Law Firm, P.A. fight to get the fair compensation you deserve. Contact our law firm anytime to set up your free consultation to learn more about our practice areas and how we can protect your rights.
How Can a Gainesville Personal Injury Lawyer Help If I Was Hurt Due To Medical Malpractice?
When you feel sick, you have the right to expect quality care when you visit a local hospital or clinic. When your doctor makes a mistake, you’re the one who suffers the consequences.
In the most serious cases, your life might change forever. Doctors, hospitals, and healthcare professionals can be held responsible when a mistake amounts to negligence.
Unfortunately, the laws in the state of Florida make it really difficult for injured patients to get fair compensation. Medical negligence is hard to prove–and the law is designed to protect doctors and hospitals, rather than patients.
Don’t let this initial disadvantage scare you off. An experienced Gainesville personal injury lawyer can help.
When you hire Allen Law Firm, P.A., you can expect that our attorneys will:
- Carefully review your medical records to identify the doctor’s mistake or omission
- Locate every party that might be responsible for your pain
- Work with respected experts who can testify about what your healthcare professional should have done under the circumstances
- Handle all of the complex paperwork that’s necessary to succeed in a medical malpractice lawsuit
- Negotiate with the doctor or hospital’s insurance company when they try to pay less than you deserve
Remember that at the end of the day, the insurance company isn’t on your side. Expect the insurance company to fight back when you make a claim for compensation. Our experienced team of lawyers will fight back at every turn–and we’re relentless when it comes to protecting our clients’ rights.
Allen Law Firm, P.A. has recovered hundreds of millions of dollars in compensation for our clients over the years. Give us a call today to see how our dedication, resources, and experience can help in your case.
What is Medical Malpractice?
Medical malpractice is a term used to describe medical negligence. When a doctor, nurse, hospital, or other healthcare provider makes a mistake that deviates from the standard of care, they can be held responsible for the resulting harm.
To have a valid medical malpractice case, you have to be able to prove:
- A duty of care existed (a doctor-patient relationship automatically establishes a duty of care)
- The healthcare professional breached the duty of care
- The breach caused you to suffer some type of harm
- There’s a link between the doctor’s actions and the damages you’ve suffered
Not every medical error amounts to malpractice. Many cases hinge on establishing the relevant standard of care.
What is the Medical Standard of Care?
Florida law defines the medical standard of care as the level of care, skill, and treatment that is recognized as acceptable and appropriate by reasonably competent similar healthcare providers. The standard of care can vary depending upon the circumstances, including:
- The medical condition involved
- The patient’s age
- The patient’s medical history
- Geographic location
In other words, the medical standard of care is a standard developed by doctors and other healthcare professionals themselves. It’s based on the level of care that is reasonably competent under the circumstances.
How Can An Experienced Lawyer Prove I Was Harmed Because of Medical Malpractice?
Proving that a doctor deviated from the standard of care can be complex and challenging. Medical experts who work in the same field will be required to testify about what your doctor should have done in your case. It’s important to hire an attorney with experience handling malpractice claims.
At Allen Law Firm, P.A., our team of attorneys and former insurance adjusters has over 100+ years of experience protecting the rights of injured patients. We’ll dig deep to find out what happened in your case. That means our attorneys and staff will:
- Carefully analyze your medical records and history
- Interview witnesses, including medical personnel
- Subpoena records to find out if the doctor or facility has a past history of violations
- Hire leading medical experts who can provide insight into what went wrong with your medical treatment
We’ll put the full weight of our substantial resources into getting the evidence necessary to build the strongest possible case for you.
Examples of Medical Malpractice in Gainesville, FL
Doctors and healthcare professionals might make a mistake for any number of reasons. Many medical facilities are understaffed. Doctors are simply working too many hours and make mistakes because they’re exhausted.
In other cases, the medical professional might not have the proper training. Some of the leading causes of medical malpractice include:
- Failure to diagnose a disease
- Lack of proper training
- Communication errors
- Delayed diagnosis
- Failure to run the proper tests
- Misreading of patient tests
- Failure to obtain a full patient history
- Wrong-site surgery
- Failure to monitor the patient
- Failure to provide appropriate post-surgical instructions
When your doctor makes a mistake and your health suffers, you may be entitled to hold them financially accountable. Call the medical malpractice attorneys at Allen Law Firm, P.A. to discuss your individual case in more detail.
We Handle All Types of Medical Malpractice Cases
At Allen Law Firm, P.A., we handle all types of medical malpractice cases in Gainesville and North Florida, including those involving:
- Emergency room errors
- Surgical errors
- Anesthesia errors
- Prescription drug errors
- Hospital-acquired infections
- Nursing malpractice
- Hospital negligence
- Failure to diagnose cancer
- Birth injuries
- Defective medical devices
- Improper amputation
- Failure to obtain patient consent
- And more
Studies show that more than 250,000 people may die because of medical errors every year. Other victims may face lifelong challenges.
Our lawyers at Allen Law Firm, P.A. will do everything we can to hold all responsible parties accountable.
Who Can Be Held Liable for Medical Malpractice?
Medical negligence isn’t limited to doctors. Any healthcare professional can be held responsible. This includes:
- Medical clinics
- And more
In some cases, multiple parties may share the blame for the error.
Statute of Limitations in Florida Medical Malpractice Cases
The statute of limitations in Florida medical malpractice cases is generally two years. That means most injured patients have two years from the date the malpractice occurred to file a lawsuit.
However, medical malpractice cases are treated differently than typical personal injury cases. In a personal injury case stemming from a truck accident or slip and fall, the four-year statute of limitations is a firm limit. Once your time is up, you lose the right to sue for damages.
The fact is, sometimes patients don’t know why they aren’t getting better. They aren’t sure whether the doctor did something wrong or if their condition simply didn’t respond to the treatment. That’s the nature of medical care.
Because of this, Florida follows a discovery rule. Medical malpractice victims can file a lawsuit up to two years after they either discovered the medical error or reasonably should have discovered the mistake. A firm limit bars medical malpractice lawsuits filed more than four years after the medical error occurred.
What Types of Damages Are Available For Medical Malpractice Victims in Gainesville?
A medical mistake can change your life dramatically. Not only will you likely need additional health care, but you might also be unable to work. Those costs can quickly drain your savings and max out your insurance limits.
Medical malpractice victims are entitled to compensation for both economic and non-economic losses. That means victims of medical negligence have the right to compensation for:
- Medical bills
- The cost of treating a worsened condition
- Future medical expenses
- Lost wages
- Lost future earning potential
- Long-term care
- Disfigurement and scarring
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Loss of your independence
- Damages for wrongful death
If your loved one died because of a medical error, our attorneys in Gainesville will fight to get fair compensation for your family.
Is There a Cap on Non-Economic Damages in Florida Medical Malpractice Cases?
In past years, Florida law capped the level of non-economic damages available to victims of medical malpractice. Non-economic damages include things like pain and suffering or emotional distress. These damage caps ranged from $500,000 to $1 million, depending upon the circumstances.
In 2017, the Florida Supreme Court overturned this damages cap. That means medical malpractice victims are now entitled to full compensation–just like any victim of a car accident or motorcycle accident.
Contact an Experienced Gainesville Medical Malpractice Lawyer For Help Today
We know how confusing it can be to walk away from your medical treatment feeling worse. If you suspect medical error was the culprit, don’t hesitate to call an experienced Gainesville medical malpractice lawyer for help.
At Allen Law Firm, P.A., we offer a free consultation so that you can get the legal advice you deserve. Just call our law offices today to schedule your case review.