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.
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.
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:
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.
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.
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:
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:
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:
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.
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.
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.
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.
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.
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.