When you seek medical care, you place your life and health in the hands of trusted professionals. Unfortunately, when medical providers in Jacksonville fail to uphold the high standards of their profession, the consequences can be catastrophic or even fatal. Medical malpractice claims are among the most complex and fiercely defended cases in civil litigation.
At Amanda Demanda Injury Lawyers, our Jacksonville medical malpractice lawyers are deeply committed to holding negligent healthcare providers accountable for the injuries and complications you may have suffered due to medical negligence. Call our Jacksonville personal injury lawyers today to set up a free case evaluation.
Medical Malpractice Laws in Jacksonville, FL
At Amanda Demanda Injury Lawyers, our seasoned Jacksonville malpractice attorneys are well-versed in Florida laws governing medical malpractice cases.
Definition of Medical Malpractice
Under Florida law, malpractice occurs when a healthcare provider’s actions fall below the “standard of care” that a reasonably prudent similar provider would exercise under similar circumstances, resulting in injury or death.
Statute of Limitations
Victims generally have two years from the date they discovered (or should have discovered) the injury to file a claim. However, no claim may be filed more than four years after the date of the malpractice event, with rare exceptions for fraud or concealment.
Pre-Suit Requirements
Florida law mandates a complicated pre-suit process before filing a lawsuit. This includes:
- Sending a Notice of Intent to Initiate Litigation to each potential defendant
- Conducting a 90-day investigation period during which both sides exchange evidence
- Securing a corroborating medical expert affidavit confirming there are reasonable grounds for the claim
Types of Medical Negligence in Jacksonville Hospitals
In the experience of our Florida medical malpractice lawyers at Amanda Demanda Injury Lawyers, the following types of medical negligence cases are more common in Jacksonville hospitals:
- Misdiagnosis and Delayed Diagnosis: Failure to correctly identify a disease or condition can result in life-threatening delays in treatment. Commonly misdiagnosed conditions include cancer, heart attacks, strokes, and infections.
- Surgical Errors: Surgical mistakes, such as operating on the wrong body part, leaving surgical instruments inside the patient, or performing unnecessary procedures, can have devastating effects.
- Medication Errors: These negligent mistakes include prescribing the wrong drug, incorrect dosing, failure to check for drug interactions, and administering drugs to the wrong patient.
- Anesthesia Errors: Mistakes in anesthesia administration by an anesthesiologist or a registered anesthetist nurse can lead to brain damage, cardiac arrest, and other complications, or even death.
- Birth Injuries: Negligent prenatal care, improper monitoring during labor, or failure to perform an emergency C-section can result in cerebral palsy, Erb’s palsy, and other catastrophic birth injuries.
- Hospital-Acquired Infections: Poor hygiene, failure to sterilize equipment, and neglect in preventing infections like MRSA or sepsis are preventable errors that can be grounds for malpractice claims.
FAQs About Medical Malpractice Claims in Jacksonville
Q: Can I sue a hospital if I was treated by an independent contractor doctor?
Mostly yes, but it’s complex. Many Jacksonville hospitals staff independent contractor physicians, which can limit hospital liability. However, under the doctrine of apparent agency, hospitals can still be held liable if a reasonable patient believed the doctor was a hospital employee.
Q: What if my medical records were altered or “lost”?
Alteration or spoliation of medical records is a serious offense. If proven, it can lead to a presumption that the missing or altered information would have been favorable to your claim—a significant advantage in litigation.
Q: Can I sue multiple healthcare providers for the same injury?
Yes. If multiple providers contributed to the negligence (e.g., a misdiagnosis by a primary doctor and a surgical error by a surgeon), each can be named in the lawsuit under a theory of joint and several liability.
Steps Our Medical Negligence Lawyers in Jacksonville Will Take to Pursue Your Claim for Damages
At Amanda Demanda Injury Lawyers, our local medical malpractice attorneys will approach every medical malpractice case with a proven strategy:
- Medical Review: We obtain and review all relevant medical records and consult with leading specialists to determine whether malpractice occurred.
- Pre-Suit Notice: We draft and send a detailed Notice of Intent to each negligent provider, supported by expert affidavits confirming the validity of your claim.
- Settlement Negotiations: We engage in settlement discussions during the 90-day mandatory investigation window, ensuring your rights are preserved without unnecessary delays.
- Filing the Lawsuit: If the case doesn’t settle, we file a lawsuit and strongly pursue discovery, depositions, and expert witness development.
- Building a Trial-Ready Case: Our attorneys proactively prepare every case for trial from day one, because aggressive trial preparation may lead to fair settlement offers.
Medical malpractice cases are some of the most challenging legal battles you can face. With Amanda Demanda Injury Lawyers on your side, you’re backed by a team with the knowledge, resources, and trial skills to fight for the compensation you need. To schedule your free consultation, call us 24/7 at 1-844-DEMANDA or contact us online.
