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Medical Malpractice

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Medical Malpractice Lawyer in Jacksonville

Why Medical Malpractice Is So Common and What We Can Do if It Happens to You

When you visit a doctor or other healthcare professional, most of the time, they are doing the best they can to treat your condition and get you back in optimal health. Although they cannot always treat the condition at hand, they should not cause more harm. Unfortunately, due to negligence on behalf of a small number of providers, this is not always the case.

When a healthcare professional or provider neglects to provide appropriate treatment, omits to take appropriate action, or gives substandard treatment that causes harm, injury, or death to a patient, this is called medical malpractice. If you or a loved one has become a victim of medical malpractice, you have a right to file a claim and seek the damages you deserve. A simple misdiagnosis is the most common cause of malpractice claims. A misdiagnosis includes the failure to diagnose a medical problem that exists or making an incorrect diagnosis. Other common causes of medical malpractice include:

  • Pre-surgical and post-surgical care
  • Failure to treat
  • Medication errors
  • Surgical errors
  • Anesthesia errors
  • Defective medical equipment

When Can You Sue for Medical Malpractice?

Florida law allows you to sue doctors, hospitals, and other medical professionals who are responsible for injuries. One important note to remember is that in Florida, you have two years from the date of the injury, or the day you discover the injury, to file a medical malpractice lawsuit. It can be challenging to obtain damages from medical negligence, and you will want an experienced team on your side like the Law Offices of Fred Tromberg if you are attempting to file this kind of claim.

For example, in order to prove a claim of medical malpractice, it is essential that there is a breach of duty of care, which means there has been a deviation by the medical provider below the professional prevailing standard of care. Additional elements that go into proving malpractice are causation and proof of damages. We must prove that the breach of the prevailing standard of care caused the loss or damages to a reasonable degree of medical probability.

In Florida, the law implements a concept called comparative negligence, which means that an individual or entity that is being sued can admit responsibility while also stating that the individual bringing the claim is responsible. In this kind of case, the jury would have to compare fault between the medical provider and the individual bringing the claim. If this happens, it is important to have a lawyer who will dutifully advocate on your behalf to prove that the negligence was not your fault.

It is also necessary for your lawyer to have a solid understanding of how the damages of a medical malpractice setting can affect income and an individual’s ability to earn money in the future to provide for their family and pay for any future medical bills that might be necessary due to the negligence. We will leave no boxes unchecked as we present this information, and we will advocate on your behalf. When you work with us, we will work to make sure your voice is heard and that you are treated in the way you deserve moving forward.

To learn more about how we can help you collect damages in a medical malpractice case, call the Law Offices of Fred Tromberg at (904) 297-2063 or contact us online.

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