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Every day, thousands of people living throughout Northeast Florida trust doctors, nurses, and other medical professionals to administer safe and effective treatment for their illnesses and injuries. But unfortunately, not all medical professionals fulfill their obligations to these patients, and some inflict tremendous catastrophic harm to those they are meant to heal.
“Medical malpractice” is the legal term used to describe medical negligence, or failure to meet a patient’s standard of care. “Standard of care” is the term used to define the scope of medical treatment a specific diagnosis requires. The professional medical community must use accepted treatments and techniques for all known illnesses and injuries. They may stray from the standard of care only with good reason, such as the patient’s unique medical makeup that renders the usually accepted course of treatment unacceptable or dangerous.
Whenever a medical practitioner acts outside the scope of the standard of care for their patient, or whenever a medical practitioner is criminally or grossly negligent in a manner resulting in patient harm, the patient has the right to file a medical malpractice claim in response. An Orange Park medical malpractice attorney is the ideal asset to have on your side in this situation. Your legal team can manage your case proceedings while you handle your recovery and everyday responsibilities.
Spohrer Dodd has years of experience handling medical malpractice cases on behalf of clients in Orange Park and surrounding communities. Whenever you need professional legal representation for any type of medical malpractice claim, it is crucial to seek an attorney who has a solid track record of successfully handling cases like yours. Medical malpractice claims may fall within the purview of personal injury, but they are uniquely challenging cases that entail specific procedural requirements.
Before proceeding with any civil claim for medical malpractice, the plaintiff and their attorney must provide notice to the defendant of their intent to file suit. This formal notice must be delivered at least 90 days prior to the actual filing of the malpractice claim, and it must be accompanied by a sworn statement in support of the action. An affidavit of merit is essentially expert witness testimony from a medical practitioner with similar qualifications to the defendant. This medical professional must explain how the defendant committed malpractice and provide compelling supporting evidence.
Spohrer Dodd has successfully handled many different types of medical malpractice cases, including:
These are just a few examples of the ways that medical malpractice could potentially occur in an Orange Park medical treatment facility. Depending on the nature of an incident of malpractice, it’s possible for fault to lie with a specific medical provider, or their employer could share fault for the incident. Your Orange Park medical malpractice attorney will be instrumental in identifying all the parties liable for your damages in your medical malpractice suit.
Every state upholds different statutes pertaining to medical malpractice, and state lawmakers recently overhauled aspects of the state’s laws pertaining to victim compensation. Previously, there was a limit on pain and suffering damages in medical malpractice claims filed in Florida, with most plaintiffs only able to secure up to $500,000 in non-economic damages. However, the state Supreme Court recently lifted this cap as it deemed the limit unconstitutional. So now there is no limit on pain and suffering compensation in a medical malpractice claim.
Your Orange Park medical malpractice attorney will help you determine suitable pain and suffering compensation based on the scope and severity of the injury you suffered because of the defendant’s actions. For example, if you suffered a catastrophic injury resulting in a permanent disability, it could mean a very large settlement, and you also have the right to claim compensation for your economic losses.
Most medical malpractice plaintiffs in Orange Park are able to claim repayment of all the medical expenses and lost income they incur due to a defendant’s malpractice. However, when it comes to medical expenses, the defendant is liable for any and all treatment costs you incur to fully heal from your injury. This includes any immediate treatment costs as well as any costs associated with necessary future rehabilitation.
If your injury prevented you from working, the defendant is also liable for the income you lost during this time. This would include lost future earning capacity if they injured you severely enough to prevent you from working at all in the future. A seasoned Orange Park medical malpractice attorney can help their client calculate the future income they are no longer able to earn and include this as economic damages in their medical malpractice claim.
When you choose Spohrer Dodd to represent your medical malpractice case, our goal is to help you approach these difficult proceedings with confidence and maximize your recovery. We will seek to settle your case as swiftly as possible, but if settlement is not an option for any reason, we are fully confident in our ability to represent you in litigation. Whatever your case entails, when you have our firm represent your claim, you will have a dedicated legal advocate ready to answer your questions and address your concerns throughout every stage of your case.
A: The statute of limitations or time limit for a medical malpractice suit in the state is two years from the date the malpractice occurred. However, this can change based on the unique details of a case. For example, if the effects of malpractice are not immediately noticeable, the statute of limitations may not begin until the effects of the injury are obvious to the victim. In this situation, the statute of limitations would begin on the date of discovery of the harm in question.
A: To succeed with a medical malpractice claim in Orange Park or elsewhere in North Florida, you must demonstrate a formal doctor-patient relationship existed between you and the defendant, and you must demonstrate their negligence and failure to meet your standard of care directly caused actual harm. Your Orange Park medical malpractice attorney can assist you in this, gathering evidence and testimony from another medical professional with similar credentials to the defendant in your claim.
A: The state Supreme Court recently struck down the state’s cap on pain and suffering compensation for medical malpractice plaintiffs as unconstitutional, so there is no longer a limit on the amount of pain and suffering compensation you can seek in your claim. This, along with the full scope of your economic losses, could easily amount to a more substantial recovery than you initially expected. Your Orange Park medical malpractice attorney can estimate your case’s total potential value.
A: While a medical malpractice claim is a form of personal injury claim, there are strict procedural requirements you must fulfill before proceeding with your civil suit against the defendant responsible for the malpractice you experienced. For example, you must provide at least 90 days of advance notice to the defendant, and this Notice of Intent to File Suit must be accompanied by an affidavit of merit signed by a medical practitioner in support of your claim.
A: It may be technically possible for you to file a medical malpractice claim without legal counsel, but it is highly ill-advised to do so. You face many legal challenges that you may not know how to handle on your own, and the right attorney can help you approach your case with greater confidence and peace of mind. While your attorney handles your case proceedings on your behalf, you can rest and focus on recovery and your everyday responsibilities to your family. Even after accounting for the cost of hiring your legal team, they can make a dramatic improvement to the overall value of your final case award.
Spohrer Dodd understands the stress and uncertainty you face in the aftermath of any injury caused by medical malpractice. Our goal in handling your case is to help you approach the situation with peace of mind. We’ll take the time necessary to help you understand how your case is likely to unfold and the greatest obstacles between you and the compensation you need to recover as fully as the law allows. To learn how an Orange Park medical malpractice attorney can empower your recovery efforts, contact us today and schedule your free consultation with our team.