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Home | Daytona, FL Medical Malpractice Lawyer

Daytona, FL Medical Malpractice Lawyer

Daytona, FL Medical Malpractice Attorney

A painful and debilitating injury caused by another person’s carelessness can be incredibly frustrating, and it can be more overwhelming and even confusing when the injury is caused by a medical provider. As a patient, you place your faith in a medical provider that they will act with care for your well-being. If a provider fails to do so, a Daytona, Florida, medical malpractice lawyer can help you understand your options for compensation.

Medical procedures and patient care can be complicated, and not every mistake by a doctor, nurse, or other medical professional is due to negligence. However, when medical providers do not use appropriate care, they can cause significant harm to patients, and they should be held accountable for that. When you or your loved one is injured in North Florida, you may be able to recover compensation for medical bills, lost income, and other costs.

daytona fl medical malpractice lawyer

Dedicated Medical Malpractice Attorneys in Northeast Florida

At Spohrer Dodd Trial Attorneys, we have worked for decades in various legal fields, including many areas of personal injury and medical malpractice. Medical malpractice cases are incredibly complex, and they require the care and attention of dedicated and experienced attorneys. Our team at Spohrer Dodd Trial Attorneys, consisting of experienced attorneys, paralegals, and an in-house physician, has the necessary understanding of malpractice claims and how to effectively handle them.

We are effective negotiators and skilled litigators, and we know how hard it is to navigate this legal process when injured. For some, their injuries may require them to completely readjust their way of life. As our clients rest and recover, our team advocates for them.

If you or a loved one is injured by medical negligence, our team can investigate the injury and incident, file the necessary information, and work to build a strong medical malpractice claim. We can keep you informed throughout the process, enabling you to make informed decisions about your case and your future. Medical malpractice can leave you feeling very vulnerable, and you need compassionate legal support during this difficult time.

Understanding Medical Malpractice Claims in Daytona

Medical professionals must meet an expected professional standard of care. This is what you expect when you receive medical care: a certain level of professionalism and procedure. A provider’s care may not be perfect, but it must meet the approved standard of care or what is considered reasonable by others in their profession.

For a medical provider to be held liable for damages in a malpractice claim, you must prove the following:

  1. The provider owed you a duty of care, such as by agreeing to provide you with treatment.
  2. The provider failed to meet the standard of care due to negligence.
  3. This failure was the cause of your injuries.

If these elements are proven, then the provider can be held liable for the damages that result from the medical malpractice. You must file a claim within the statute of limitations after first filing an affidavit with professional testimony and the notice to sue.

What Is Considered an Act of Malpractice?

Both negligent actions and inactions can be considered malpractice. Some of the most common mistakes by providers that result in malpractice claims include:

  • Diagnostic Errors: These include misdiagnosis, delayed diagnosis, or a failure to diagnose. Typically, for these to qualify as malpractice, the provider must have failed to order necessary tests, or they failed to take into account symptoms that would have disproved their diagnosis or should have enabled them to make a diagnosis.
  • Surgical Errors: There are several types of surgical errors, including operating on the wrong area or the wrong patient, leaving foreign objects in the surgical cavity, failing to follow proper hygiene procedures prior to surgery, or perforating nerves and tissues.
  • Anesthesia Errors: These may include administering too much or not enough anesthesia or failing to notice any side effects.
  • Birth Injuries: These are physical injuries to a parent and/or child during labor, childbirth, and shortly after birth. They can cause long-term pain, disability, and other effects to children and parents.
  • Hospital Negligence: Patients in the hospital after a surgery or procedure may require help to move and maintain hygiene. If this care is neglected, patients can develop bed sores, infections, or injuries from falling.
  • Medication Errors: These errors can occur from a doctor or a pharmacist. A doctor may incorrectly prescribe a medication or a specific dosage without considering the specific patient history, allergies, or other factors. Pharmacists can also incorrectly fill a prescription or fail to provide a patient with important information about prescription side effects. Any of these situations can result in significant harm to patients.
  • Lack of Informed Consent: Before proceeding with surgeries, procedures, or treatment, a healthcare provider must obtain consent from the patient. If the provider did not inform the patient of the potential risks and benefits of that procedure or treatment, the patient did not give informed consent.

The most common basis for medical malpractice claims is negligence. However, a medical provider can also act with gross negligence or even criminal misconduct. Always be sure to discuss your specific situation with a qualified attorney, as they can ensure that you can get the most compensation from a claim.

How Much Is a Medical Malpractice Claim Worth in Daytona Beach, FL?

The amount that a medical malpractice claim is worth depends entirely on the damages you suffered, including the severity of your injuries and the length of your recovery. You can recover the full amount of any economic damages you suffered, which include:

  • Medical costs, including past bills and anticipated future costs
  • Lost wages if you were unable to do your job during recovery
  • Lost earning capacity if your injury prevents you from returning to work
  • Any other relevant financial losses from the injury

It’s helpful to work with an attorney, as many individuals underestimate even the amount of economic damages they qualify for. It can also be hard to determine the compensation for future costs and potential injury complications. However, an attorney has likely handled injuries like yours before, so they can use this knowledge to effectively determine the worth of your claim.

You can also recover a certain amount of noneconomic damages, which are damages without a clear financial amount but are still legally recognized. These damages include:

  • Physical pain
  • Emotional trauma
  • Loss of quality of life
  • Disability
  • Disfigurement

Noneconomic damages used to have a limit in medical malpractice claims, but this is no longer the case in Daytona, Florida. Your attorney can help you determine how to use noneconomic damages to maximize your compensation amount in a way that fairly reflects your damages.

In some medical malpractice claims, you may also be eligible for punitive damages. Unlike economic and noneconomic damages, which are compensatory damages, punitive damages do not recover any specific loss. Instead, they are damages assigned by the court to punish grossly negligent conduct.


Q: How Do I Sue for Medical Malpractice in Florida?

A: To file a claim for medical malpractice in Florida, you must first file an affidavit with support from a medical professional that there is medical malpractice present in your situation. You must also inform the medical provider whom you are filing against of your intent to file the claim. Along with this notice, you must provide the affidavit. This process must be completed prior to filing a claim, and it can be made easier with the aid and resources of a medical malpractice attorney.

Q: How Long Does a Medical Malpractice Claim Take in Florida?

A: A medical malpractice case is a very complex form of personal injury case, and it may take between 2 and 3 years, it can even last for up to 6 years in some cases. The exact amount of time your case takes will rely on:

  • Your location
  • The availability of the court
  • The skill of your attorney
  • The complexity of your case
  • Whether your case is settled outside of court or enters litigation

When you begin working with an attorney for a case, discuss potential timelines with them. They can determine a more accurate estimate for your unique circumstances.

Q: How Much Can You Get for Medical Malpractice in Daytona, Florida?

A: The amount of compensation you can receive for a medical malpractice claim in Florida depends on many factors. If your case is successful, you can recover the total of economic damages you suffered, which includes medical bills for surgeries, prescriptions, medical devices, and many other costs. It also includes lost income, lost earning capacity, and any property damage.

Medical malpractice compensation may also include noneconomic damages, including physical pain, emotional trauma, and loss of quality of life. Noneconomic damages used to have a cap in Florida, but this no longer applies.

Q: What Are the Requirements for Malpractice in Florida?

A: Medical providers can make mistakes without being filed against for malpractice. For their failure to be considered malpractice, they must have owed the patient a duty of care by agreeing to treat them. Additionally, the practitioner must have acted in a way that did not follow the professional standard of care. This means that other professionals in the same circumstances would have acted differently. The provider must also have caused an injury because of the breach of their professional standard.

Protect Your Rights With a North Florida Medical Malpractice Attorney

It’s important to discuss your case with a qualified attorney as soon as possible. This gives your attorney time to investigate your situation and help you understand your avenues for compensation. Contact Spohrer Dodd Trial Attorneys today.