Medical Malpractice Lawyers
Medical Negligence Claims in Gainesville
Doctors, nurses and hospital staff have an obligation to provide treatment and care without putting a patient’s life at further risk. But many times the level of care a patient receives is not up to accepted standards of care, leading to further injuries or even death. In Gainesville and across the State of Florida, patients and their family members may file a medical malpractice claim if a healthcare provider does not provide adequate care.
If you suspect a doctor or healthcare facility of medical malpractice, contact the personal injury lawyers of Warner, Sechrest & Butts in Gainesville. Our team of experienced attorneys can help you recover compensation for medical bills, lost wages, loss of consortium, and even loss of earning capacity. Additional damages may be available if the doctor, nurse or other healthcare staff member acted maliciously or purposefully negligent when providing (or withholding) care or treatment.
What Is Medical Malpractice?
In Florida, medical malpractice claims must be filed within a certain time period before reaching a statute of limitation. If you do not file your claim within this window of opportunity, you may not be able to receive compensation for injuries or death resulting from medical malpractice. At Warner, Sechrest & Butts, we will fight against any healthcare provider or insurance company that has not provided adequate care, no matter how large or intimidating the organization may seem.
Misdiagnosis or Delayed Diagnosis
The failure to correctly diagnose a complication, disorder or disease can have devastating results. Patients could be given the wrong medication, which may have adverse reactions, or unnecessary surgeries could take place. Doctors, nurses and admittance personnel have an obligation to listen to the patient, obtain accurate medical records, correctly identify symptoms, and order the correct tests to diagnose the problem. Patients who are misdiagnosed or have a delayed diagnosis often continue to worsen without the proper medical treatment.
The birth of a child is a joyous occasion, but when the infant receives injuries during the birthing process, he or she may face lifelong disabilities or even death. At Warner, Sechrest & Butts, we use high-tech equipment to prove that the level of care received during childbirth was below accepted standards which led to the injury or death. Cerebral palsy, hypoxia, Erb’s palsy, misdiagnosis or failure to diagnose pre-eclampsia or eclampsia in the mother, and other injuries to the infant or the mother could be considered medical malpractice.
Patients often worry about a prescription drug’s side effects, but how often do they wonder if they were given the wrong medication or dosage? Medication errors can lead to serious injury, death, coma and seizure, so if you or someone you care about has reason to believe there is a problem with medication you were given, contact an attorney. Incorrect dosage, an inaccurate label, incomplete medical records, and failure to warn patients of complications can be reason to file a medical malpractice claim in Florida.
Needing surgery often fills a patient with worry and dread, even for minor surgeries. While hundreds of thousands of surgeries are performed without even the slightest trouble, surgical errors can arise during any procedure. Negligence can be easier to prove if an object is left behind, the wrong body part is operated on, or if a patient dies during a routine procedure. But it can be harder to link a post-op infection and other complications to negligence, which is why it’s important to obtain representation from an experienced medical malpractice and personal injury attorney.
Contact Gainesville Medical Malpractice Lawyers
If you have experienced medical complications due to negligent or malicious behavior of a doctor, nurse or other healthcare facility staff member, call Warner, Sechrest & Butts in Gainesville. Our personal injury lawyers have represented patients and family members of patients who have received sub-par medical care. We can review every case to ensure you have a claim, collect additional evidence to support your claim, and determine the value of your claim. Our medical negligence attorneys will also help identify those who can be held responsible for your injuries or complications. Contact Warner, Sechrest & Butts immediately if you suspect your healthcare provider of medical malpractice.
Florida Medical Malpractice FAQs
If you or a loved one have been harmed, received an infection or have become exposed to other diseases while at a hosptial stay or during medical procedure, contact a personal injury attorney at Warner, Sechrest & Butts. We can provide answers to your questions regarding medical malpractice lawsuits.
How is medical malpractice defined?
Medical malpractice occurs when a medical professional’s negligence results in harm or injury to a patient.
What is considered medical negligence?
Medical negligence occurs when a medical professional makes an error or breaches his/her duty of care for a patient.
What are some common examples of medical malpractice?
- Incorrect dosages/prescription error
- Anesthesia error
- Incorrect surgical procedures or surgical errors
Is a misdiagnosis considered medical malpractice?
How do I detect if medical malpractice has occurred?
Pay close attention to treatment plans, prescription drugs, side effects, and sudden, adverse or different behaviors, reactions and illnesses.
Are medical malpractice and negligence cases common?
Yes, but many medical malpractice cases go unreported.
If I suspect medical malpractice, what should I do?
Speak to the facility’s administrators or your loved one’s doctor about your concerns. Then, speak to us.
How do I prove my medical malpractice case?
You will need to prove the following:
- A professional relationship between a licensed individual and a patient
- A medical professional's negligence, medical error, or deviation from a high standard of care
- A patient’s injury as a result of the malpractice
How much time will my medical malpractice case take?
We cannot predict how long your case will take. Most medical malpractice cases take as long as 18 months to a few years to settle.
What expenses should I expect in a medical malpractice case?
Attorney fees associated with investigation of a case, expert testimonies, and legal advocacy should be expected.
Who is considered liable for medical malpractice?
Anyone who was involved in your treatment can be considered liable for medical malpractice and sued. These may include hospital administrators, doctors, nurses, technicians and equipment suppliers.
Is it possible to sue for medical malpractice?
What statute of limitations govern how much time I have to bring forth a suit?
You have two to four years to bring forth a medical malpractice suit in the state of Florida.
If my loved one experiences nursing home abuse, can I pursue a medical malpractice claim?
No. You should pursue a nursing home abuse claim. Because courts recognize that nursing home facilities and employees often handle medical care and treatment of aged citizens, it is possible to receive additional benefits to cover medical damages.
Am I only able to file medical malpractice claims against my doctor?
No. You have the right to file a medical malpractice claim against all entities and professionals responsible for your injury. These may include doctors, technicians, nurses and hospital administrators.
Is it possible to sue for what could have happened?
How do I discover a doctor’s previous malpractice suit(s)?
You may rely on state medical records, state department of health services, and court records to find out information on a doctor’s previous malpractice suits or general complaints.
How do I research a doctor before becoming a patient?
We recommend that you review state medical records or online reviews to research a doctor before becoming a patient.
Do I have a medical malpractice case?
If you wish to know if you have a medical malpractice case, visit our medical malpractice law firm to speak with one of our attorneys.
What does "preponderance of evidence" mean and how does it apply to my case?
A “preponderance of evidence” means that despite the quantity of evidence to support your case, the quality or compellingness of the evidence at hand is enough to suggest that a claim is true. A preponderance of evidence will help your case.
What is "informed consent"?
Informed consent is permission granted to a doctor or other medical professional for services, treatment and general care. Informed consent means that a patient understands and approves the medical process. The patient is knowledgeable of the risks, benefits, and side-effects of a treatment plan. The patient is also able to have all concerns and questions answered. A medical professional cannot perform any sort of work on a patient until informed consent is obtained. If a patient is unable to provide informed consent, permission would need to be granted from the patient’s guardian or emergency contact.
How is "contributory negligence" defined?
Contributory negligence occurs when a patient fails to act in a prudent and responsible manner, thereby contributing to his/her own damages and injuries. For example, if a patient is instructed to cease the consumption of alcohol while on a particular treatment plan, but fails to do so, he/she may play a role in the injuries sustained.
What is the process of "subrogation"?
Subrogation is another term for substitution. The process of subrogation allows one party to cover the debt of another, with the expectation to be reimbursed at a later date. In a medical malpractice case, your insurer may provide for your medical expenses. However, once the at-fault party is charged and convicted of medical malpractice, your insurer should receive compensation from the at-fault party. The process of subrogation is commonly employed in medical malpractice cases.
What is a subrogation interest?
After substituting the fees for an at-fault party, an individual or entity has the legal right to charge the at-fault party with interest.
What is a subrogation lien?
When a party handles the fees of an at-fault party, the party has the right to place a subrogation lien, or public claim, against the at-fault party. This ensures that the party will be reimbursed.
How is the "standard of care" of medical professionals used in medical malpractice cases?
All medical professionals are expected and required to adhere to a high standard of care. They should treat patients in a way that positions their needs, health and safety as the highest priority. A medical professional’s inability to provide a high standard of care will help to support that medical malpractice has occurred. This will support your case.
Why are experts necessary?
Terms and procedures in the medical field are difficult for non-lawyers to comprehend. Experts provide additional information and insight on medical procedures. With an expert opinion, you will have support that medical negligence of some sort occurred resulting in an injury. In other words, experts help to propel your medical claim forward.
What type of experts does my medical malpractice claim require?
Experts that are familiar with your illness and treatment plan are best. Always seek experts who have specializations in particular fields.
What are some ways to avoid prescription errors?
- Follow your doctor’s orders
- Take recommended dosages
- Store drugs appropriately
- Double check the name of drugs before taking your prescription to a pharmacy, or before accepting a drug
- Avoid usage of alcohol and other drugs
- Be clear and open with your doctor about your medical history, symptoms and experiences
Who should be held accountable for my safety and well-being in a hospital?
Hospital administrators and professionals who tend to your medical needs.
Upon being discharged from a hospital or doctor’s care, what do I do?
Get some rest and maintain a journal detailing your experiences and recovery.
What are some ways to monitor a loved one’s treatment plan?
Communicate with him/her often. Pay attention to symptoms.
Should I hire a general practice lawyer for a medical malpractice case?
No. Your case has a greater chance of success if you hire a medical malpractice attorney in Gainesville, FL.
What is a consent form?
A consent form is a document that a patient signs to express knowledge and approval of a particular treatment plan.
Does signing a consent form release the physician from liability for negligence?
If a piece of medical equipment fails during a surgical procedure and results in harm, who is considered liable?
Anyone who was involved in the surgery may be considered liable. This may include surgeons and medical technicians.
What type of damages may I be eligible to recover in a medical malpractice case?
You may be able to recover economic damages (medical costs, lost wages) and noneconomic damages (pain and suffering).
Does your firm’s success record indicate that my case will also be successful?
Our law firm’s success indicate that we have qualified legal professionals who are well-versed in medical malpractice cases and laws applying to them. While we cannot predict if your case will win, we can promise you that we will aggressively fight on your behalf. Your case has a greater chance of being successful with a Gainesville medical malpractice lawyer.
Will I be required to go to court?
If we are unable to reach a settlement with the at-fault party, your case may have to go to trial. This will require traditional court proceedings.
Is it possible to sue a doctor for my misdiagnosis?