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Home | St Augustine, FL Medical Malpractice Lawyer

St Augustine, FL Medical Malpractice Lawyer

St Augustine Medical Malpractice Attorney

Many things can go wrong during a medical procedure. Sometimes, however, easily preventable errors lead to long-term complications for the patient. In many instances, working with a St. Augustine, FL, medical malpractice lawyer can help victims of medical negligence be compensated for a doctor’s mistake.

While medical malpractice cases can be effective for urgent medical issues caused by a medical provider, they can also be quite difficult to win. Insurance providers, hospitals, and doctors all want to prove they aren’t at fault, and most have high-powered legal teams on retainer. Working with a medical malpractice attorney can support your case so that it doesn’t get shut down prematurely.

St Augustine, FL Medical Malpractice Lawyer

Choose a Medical Malpractice Lawyer You Can Trust

The lawyers at Spohrer Dodd Trial Attorneys have decades of experience in the legal field. We have secured over $22 million in damages for our clients with medical malpractice cases and over $1 billion in total among all of our practice areas.

Robert Spohrer, a senior partner at Spohrer Dodd Trial Attorneys, has practiced law since 1974. He focuses on cases specifically involving medical negligence and has individually won over $100 million for his clients. Furthermore, he has been named one of the Top 100 Trial Attorneys in the US.

At Spohrer Dodd Trial Attorneys, every lawyer on our legal team has extensive experience and qualifications. Let our skilled and seasoned medical malpractice attorneys help you with your medical malpractice case in St. Augustine, FL.

What Is Medical Malpractice?

There are many things that can go wrong in a healthcare setting. However, just because there are errors or issues with a patient’s care does not mean that they automatically have the right to sue for malpractice. In order for the patient to have a case, the following two statements must be true:

  1. There must be a standard of care that the doctor failed to follow, specifically due to negligence.
  2. The patient must have been harmed due to the doctor failing to follow this standard of care.

In Florida, there is an additional requirement of sworn testimony from a doctor or medical provider in a similar field. They must claim that what the negligent doctor did was out of line for the specific area of practice.

Why Do I Need a Lawyer?

Proving medical malpractice in North Florida is incredibly difficult. There are multiple different claims that you must prove against a doctor. A malpractice case attorney can help your chances by collecting things like medical records and testimony and drafting difficult documents.

If you’re considering filing a medical malpractice claim, chances are you’re also dealing with the injuries from that event. Legal counsel can help build your case and support you while you focus on recovery. They can also work to prevent an insurance company from rejecting your claim for a personal injury.

What Types of Damages Can You Sue for?

Most medical providers have malpractice insurance, but these companies often have intentionally confusing terms to avoid paying people what they owe. Without legal representation, they can be difficult to work with. However, victims are owed damages, and they can seek them through a malpractice claim.

The victims of medical malpractice claims are able to ask for a variety of damages, including:

  • Medical Expenses: Costs incurred for procedures in your medical malpractice case might be covered in a successful claim. Estimating the exact cost of these expenses typically requires professional help.
  • Lost Wages: If medical malpractice prevented you from working, you may be entitled to recover those wages by filing a claim.
  • Pain and Suffering: While no monetary value can make up for the emotional damage of medical malpractice, you might still win compensation to improve your quality of life after such a traumatic event.

The Medical Malpractice Claim Process

Filing a medical malpractice claim can be time-consuming and difficult to do on your own. If you choose to work with an attorney on your case, there is a general order to how your case can proceed, depending on your individual situation:

  1. Attorney Consultation: Talking with a lawyer about your case is one of the most important steps in the process. A legal team can advise you on whether or not your situation meets the legal requirements for a medical malpractice case.
  2. Pre-Claim Investigation: Investigations are mandatory for every medical malpractice case. This involves a discovery period prior to filing a claim to determine that there are reasonable grounds for a case.
  3. Medical Affidavit: In order to file an official complaint, every medical malpractice case must include an affidavit from a medical professional stating that the injuries the claimant has are directly related to the healthcare provider’s negligence.
  4. Filing a Complaint: If your legal team decides that there is a basis for your claim, they can create an official notice that’s sent to the defendant’s legal team. That team has 90 days after your notice is sent to do one of three things:– Do nothing
    – Attempt to settle your complaint out of court
    – Deny your claim
  5. Discovery Period: If your case does go to trial, then both parties have a discovery period to find additional evidence on the case and consult with witnesses. If this process does not result in settling out of court, then the case eventually goes to trial with a jury. This process can be extensive and may take several years to finish.

How Do You Prove Medical Malpractice?

In North Florida, you must prove that a doctor caused you injuries due to negligence in order to file a medical malpractice claim. Here are some ways you can help bolster your argument:

  • Collect Evidence: The more evidence you have, the easier it can be to prove medical malpractice. Be sure to collect things like:– Medical bills
    – Photos/videos of any injuries you have, if possible
    – Medical records
    – Any letters you received from the doctor, hospital, or an insurance company
    – Documentation from every medical provider that has addressed this injury in some way or that you saw during the time period of the medical malpractice.
  • Contact a Medical Professional: You and your attorney, if applicable, can then show all the evidence to a medical professional in the same discipline as the one whom you’re filing the claim against. If the medical professional agrees that your injury was specifically caused by the doctor in question’s negligence, then they can confirm this in an affidavit. They can also decide whether another doctor in the field would act in the same way.

How Does My Case Affect Medicare or Medicaid Payments?

If you win a medical malpractice case in which Medicare or Medicare covered at least some of your injuries, then they expect you to reimburse them. The amount they ask for depends on your individual situation. If you are working with an attorney, they can try to negotiate for a lower payment. This payment needs to be resolved before you receive your settlement payout.

Medical Malpractice FAQs

Q: How Long Do You Have to Sue for Medical Malpractice in Florida?

A: In Northeast Florida, an individual has two years to file a medical malpractice claim from the date the injuries from that malpractice were discovered, and the claim must be filed four years after the procedure. If fraud is discovered after the fact, then a patient can file a claim within seven years of the procedure. The seven-year rule also applies to medical procedures done to minors. The absolute limit for any medical malpractice claim is seven years after the procedure occurred.

Q: How Much Can You Sue for Malpractice in Florida?

A: The damages cap in St. Augustine depends on whether the person who committed malpractice is a practitioner. If they are, then they are responsible for up to $500,000, which increases to $1 million if the patient was killed or put in a permanent vegetative state. If they are not a practitioner, then they are responsible for up to $750,000, which increases to $1.5 million if the patient was killed or put in a permanent vegetative state.

Q: How Long Does It Take to File a Malpractice Suit in Florida?

A: The average medical malpractice case in North Florida takes two to three years, extending to one to six in extreme cases. However, the length of your case can vary depending on its complexity and the city, so it’s important to ask your attorney how long your individual case might take for a more accurate answer. If you’re over 65, a judge may move your trial to an earlier date due to your age and health.

Q: How Hard Is It to Prove Medical Malpractice in Florida?

A: To prove medical malpractice in St. Augustine, the client and their attorney must prove that there was a relationship between the client and the healthcare provider in question. The provider must have injured the patient due to negligence and not adhered to the standard of care. Also, the patient must have suffered damages. Due to the large amount of proof needed for medical malpractice cases, it is important to work with a medical malpractice attorney.

Understand Your Options

The emotional and physical toll of medical malpractice can be an extremely heavy burden for victims and their loved ones. A seasoned legal team can offer compassionate support during a dark time. Reach out today for a free consultation to find out if you’re able to file a medical malpractice claim and get the damages you deserve.