Medical malpractice is unfortunately common in the United States, cited as one of the most common causes of accidental injuries and deaths throughout the country each year. While many residents of Lakeside and surrounding communities in North Florida rely on their medical care providers to administer safe and effective treatment every day, many of these patients suffer extreme injuries due to negligent and incompetently performed medical treatments.
If you or a family member has been injured by a medical practitioner, a Lakeside medical malpractice attorney is the best asset you can have on your side for holding them accountable. The right attorney can assist you in proving fault for your damages, help you prove the full extent of those damages, and guide you through the procedural requirements of your claim. While a medical malpractice case is a form of personal injury claim, they are unique personal injury cases that require the attention of experienced legal counsel if you want to reach the best possible results.
Spohrer Dodd has a team of experienced attorneys who have helped many past clients recover from incidents of medical malpractice. We take time to learn each client’s unique story, help them understand the most challenging aspects of their claim, and guide them through the proceedings necessary for ensuring accountability for their damages. Whatever your medical malpractice case may entail, rest assured that our firm has the skills, resources, and experience to handle the most challenging medical malpractice cases.
A medical malpractice claim requires meeting stricter preliminary requirements than a standard personal injury claim. First, the plaintiff must provide at least 90 days of advance notice to the defendant with a Notice of Intent to File Suit. Additionally, this notice must be accompanied by an affidavit of merit, which is a sworn statement testifying that the plaintiff did indeed suffer an injury from malpractice. If you intend to file a medical malpractice claim in Lakeside, your medical malpractice attorney can locate an expert witness in the medical field who has similar credentials to the defendant in your claim, and they can provide this testimony on your behalf.
Spohrer Dodd has years of experience handling all types of medical malpractice cases, including:
This is not an exhaustive list of all the types of medical malpractice claims the attorneys at Spohrer Dodd can handle. We have the skill and experience required to handle the most challenging cases and develop an individualized legal strategy for every client we represent. Our goal in every medical malpractice case is to help our client reach the best outcome possible as efficiently as possible and to explore the full scope of recovery options available to them.
Once your Lakeside medical malpractice attorney has assisted you in determining fault for your damages and fulfilling the preliminary procedural requirements that your case entails, the next step is assessing the full scope of the damages that the defendant caused. Similar to a personal injury claim, the plaintiff has the right to seek full repayment of all the economic losses they suffered.
Any incident of malpractice is likely to lead to the plaintiff requiring corrective medical treatment. The defendant who caused your injury is responsible for any and all medical expenses you incur for resolving the harm they’ve done. This includes both immediate and long-term health care costs if you suffered any serious injury that demands ongoing treatment.
If your injury caused you to miss work, you have the right to seek repayment of your lost wages from the defendant who injured you. Your attorney can assist you in calculating your lost income, and similar to medical expenses, you have the right to claim future losses as well. If the defendant’s actions caused a permanent injury that diminishes your ability to work and earn income, they are liable for your lost earning power as well. An experienced Lakeside medical malpractice attorney can help you calculate the future income you are no longer able to earn because of the defendant’s actions and include this projected future loss in your claim.
State law also allows the plaintiff in a medical malpractice case to seek compensation for their pain and suffering. Previously, state law imposed a cap on non-economic damages for medical malpractice claims, limiting most plaintiffs’ pain and suffering compensation to $500,000. However, a recent state Supreme Court ruling struck down this cap as unconstitutional, and it is no longer enforced. Your Lakeside medical malpractice attorney can help you determine a fair amount to seek in your claim based on the severity of your experience.
Most medical malpractice claims filed pertain to acts of negligence from specific health care professionals, such as doctors, surgeons, or anesthesiologists. However, it is possible for a hospital to bear liability for malpractice depending on the nature of the injury in question. If malpractice resulted from a hospital’s negligence in any way, the hospital itself could face liability for the resulting damages, or the hospital could share liability with the specific health care professional responsible for the injury in question.
If you have grounds to file a medical malpractice claim, you could potentially secure full repayment of all the financial losses you suffered, such as increased medical expenses, lost income during your recovery period, and lost future earning capacity resulting from a catastrophic injury. Additionally, you have the right to claim pain and suffering compensation in proportion to the severity of your experience.
While medical malpractice can happen in many different ways, the most commonly reported form of medical malpractice throughout the US is a diagnostic error. Any time a diagnosing physician fails to use a correct differential diagnosis process, misdiagnoses a patient, or fails to diagnose a patient, they are liable for all resulting damages.
The time required to complete a medical malpractice case hinges on the severity of the plaintiff’s damages, the clearness of the defendant’s fault, and the willingness of the defendant to engage in constructive settlement negotiations. Your Lakeside medical malpractice attorney can provide you with an estimate of how long your case will take to complete. If you are able to settle your claim, this may unfold relatively quickly, whereas litigation could take several months to reach a conclusion.
While most medical malpractice cases will not rise to the level of bringing criminal charges into play, it is possible for a defendant in a medical malpractice case to face prosecution if their actions were intentionally harmful or criminally negligent. Most physicians who commit serious acts of medical malpractice will face civil liability for victims’ damages and professional consequences, such as loss of their professional licenses. In addition, criminal charges could lead to time in prison, serious fines, and further restitution to the victim.
Ultimately, every medical malpractice claim filed in Northeast Florida is entirely unique, and no two plaintiffs will have the exact same experience with their claim proceedings. If you want the best chance of navigating your medical malpractice claim as efficiently as possible, it is vital to connect with a Lakeside medical malpractice attorney you can trust to guide you through your case proceedings with confidence. Contact Spohrer Dodd today to schedule a free consultation with an experienced Lakeside medical malpractice attorney and learn more about your options for legal recourse in this difficult situation.