Thousands of people in the Gainesville area and throughout North Florida trust all types of medical professionals with their health, and most of these professionals adhere to accepted standards of care when treating their patients. However, medical malpractice can easily cause tremendous harm, especially malpractice that occurs in the operating room. If you have been harmed by a surgical error, a Gainesville, FL, surgical errors lawyer can help.
The attorneys at Spohrer Dodd have years of professional experience in medical malpractice law, and our firm has cultivated a strong reputation as a leading choice for legal counsel in these cases. A medical malpractice case is a type of personal injury suit, but there are special procedural rules that apply to these cases that the average person will not be able to fluently address on their own.
When you choose our firm to represent you in a surgical error claim, you will have a responsive legal advocate you can contact at any point during your proceedings for updates and support. We strive to help each of our clients recover as fully as possible from their surgical errors, and we know how to hold negligent medical professionals accountable for the harm they cause. If you believe you have been harmed by medical malpractice, we can assist with your recovery.
There is an accepted level of risk associated with every known surgical procedure, even minimally invasive ones with very low incident rates. Every patient is unique, and surgeons face tremendous pressure to perform at the highest possible levels for every procedure they perform. However, while there is a degree of risk involved with every surgery, there is a significant difference between an honest mistake and harm resulting from professional negligence.
Medical malpractice occurs whenever a medical professional’s negligence results in harm to their patient. This may occur if the medical professional fails to adhere to the standard of care for their patient’s condition. The term “standard of care” refers to the baseline level of treatment approved for a specific diagnosis, and medical professionals may deviate from a patient’s typical standard of care only in the face of extraordinary and/or unusual circumstances.
Your surgical errors lawyer in Gainesville, FL can help determine if you were indeed harmed by medical malpractice. This often requires careful examination of all documentation related to your procedure and input from other medical professionals. As part of your claim filing process, you will need to find a medical professional with credentials similar to or greater than those of the defendant, and they will need to testify in support of your claim.
Proving medical malpractice occurred is just the first legal challenge you must overcome if you are to succeed with your claim. You must also be prepared to prove that the defendant’s actions caused actual harm and that your claimed damages directly resulted from their actions and not any other cause. Surgical error claims may involve damages such as:
These are only a few examples of how surgical errors can happen. The effects of any such error may be more serious than the victim realizes at first, and some victims of surgical errors face years of complex medical issues due to the negligence of the medical teams they trusted with their care.
You must be prepared to show the full scope of the damages you suffered from the surgical error to succeed with your case. If you incurred additional medical expenses for treatment of the injury, the defendant is liable for repaying these damages. You can also seek compensation for the future medical care you would need if the error resulted in any long-term or permanent harm.
If you cannot work because of your injury, the defendant is liable for the income you lose following the incident. You can seek compensation for lost wages and lost future earning capacity if you are completely unable to work anymore due to the severity of your injury. The average person can likely assess immediately noticeable damages, but calculating these long-term losses can be challenging without an attorney’s help.
It is also possible for the plaintiff in a medical malpractice suit to seek compensation for their pain and suffering. However, state law limits this aspect of their case award. Even if a plaintiff suffered life-changing harm from a surgical error, they may only be able to recover up to $500,000 in pain and suffering compensation. Your Gainesville, FL, surgical errors lawyer is the most valuable asset you have for maximizing this aspect of your recovery.
After securing the affidavit of the expert, you need to substantiate your case and gather proof of the full extent of damages you are seeking from the defendant. Then, you are ready to file your case. State law requires that a plaintiff serve advance notice of their claim to the defendant at least 90 days before they submit their complaint to the court. This affords an opportunity to settle the case privately.
When you choose Spohrer Dodd to represent your surgical error claim in Northeast Florida, our goal is to help maximize your recovery in the shortest possible timeframe. We know you are likely to have many important questions in this difficult situation, and we want to help you approach the situation with confidence. The sooner you connect with our team, the more time we have to build your case, the more likely you are to succeed.
A: There are specific rules for filing medical malpractice cases that do not apply to most other personal injury claims. The plaintiff must send a Notice of Intent to File Suit to the defendant at least 90 days prior to the actual filing of their case with the court, and this notice must be accompanied by an affidavit of an expert. This affidavit must come from a properly qualified medical professional and explain how the defendant committed malpractice.
A: A medical malpractice claim typically seeks compensation for the economic damages resulting from the malpractice. You should be able to recover compensation for additional medical expenses you incurred because of the defendant’s actions, lost income during your recovery time, and compensation for your pain and suffering. However, state law limits pain and suffering compensation in most medical malpractice cases.
A: Technically, you are not legally required to hire an attorney for a medical malpractice suit. However, hiring the right attorney provides several important benefits and significantly improves your chances of success with your case. Your attorney can help meet the procedural requirements for your claim, and you will be more likely to maximize your final case award with their representation.
A: The statute of limitations or time limit for filing your surgical error claim in the state is two years, starting on the date the injury occurred. If the effects of the injury are not immediately noticeable, the statute of limitations may extend to four years. However, the statute of limitations can also extend if the defendant took any steps to conceal the malpractice they committed.
A: The majority of medical malpractice attorneys accept these cases with contingency fee agreements. When a client has a contingency fee agreement with their attorney, they pay a fee only if they win their case, and the fee is a percentage of the final case award. There is no fee if the attorney cannot obtain a recovery for the client, so this billing policy allows the client to approach their case without fear of facing overly expensive attorneys’ fees.
The attorneys at Spohrer Dodd have years of professional experience helping our clients throughout Northeast Florida with all types of medical malpractice cases, and we know how damaging surgical errors can be. If you believe that you were harmed in any surgical procedure because of medical malpractice, we can help. Contact us today to schedule a free consultation with a Gainesville, FL, surgical errors lawyer you can trust.