Medical malpractice occurs when a patient suffers harm due to negligent medical care. If you sustained a malpractice injury at North Florida Regional Medical Center, UF Health Shands Hospital, or another medical facility in Gainesville, Bogin, Munns & Munns can help. Our Gainesville medical malpractice lawyers can assist with an insurance claim or lawsuit to recover your damages.
Florida Medical Malpractice Cases
According to the U.S. Department of Health & Human Services (HSS), 2,673 Adverse Action Reports and 972 Medical Malpractice Payment Reports were filed in Florida in 2020. This means that more than 2,600 physicians or dentists required a professional review that affected their clinical privileges, and nearly 1,000 payments were made to satisfy medical malpractice claims or judgments.
If you or your loved one suffered an injury or illness because of substandard medical treatment, you can seek compensation for your medical bills and other losses. Our attorneys can assist with malpractice cases involving:
- Surgical errors or wrong-site surgery
- Unnecessary surgery
- Failure to diagnose or treat
- Failure to provide follow up care
- Lab errors or failure to follow up with test results
- Medication errors
- Premature discharge
- Anesthesia errors
- Childbirth injuries
To consult with an experienced medical malpractice lawyer serving Gainesville, call 855-686-6752
You Deserve Compensation for Your Medical Expenses and More
You should not have to pay for negligent medical care, nor should you foot the bill for treatments necessary to correct your malpractice injury. We can help you pursue compensation for:
- Physical therapy
- Occupational therapy
- Medical procedures
- Diagnostic testing
- Long-term nursing care
- Medical equipment and devices
- Mobility aids
- Medical transportation and travel expenses
- Payments owed to the physician or facility whose treatment or lack of care resulted in your malpractice injury
We can help you seek awards for other financial losses stemming from your injury, including back pay for time lost at work. If you cannot return to your job, you may seek the loss of your future earning potential.
Other awards may include the value of household services you cannot perform, like driving, cleaning, and cooking, and compensation for medically necessary home modifications.
Florida No Longer Places a Cap on Medical Malpractice Pain and Suffering Damages
Florida used to limit the amount of compensation a medical malpractice victim could receive for noneconomic damages under Florida Statutes § 766.118(2)(a)(b). However, the Florida Supreme Court ruled that the cap was unconstitutional in 2017 in the North Broward Hospital District v. Kalitan case. As a result, you can now seek an unrestricted settlement or verdict for:
- Chronic pain
- Loss of a bodily function
- Scarring and disfigurement
- Loss of mobility or paralysis
- Loss of cognitive functioning
- Loss of enjoyment of life
Gainesville Medical Malpractice Lawyer Near Me 855-686-6752
You Can Seek Justice for the Wrongful Death of a Loved One
If your loved one suffered a fatal medical malpractice injury, we can help you recover awards on their behalf. According to Florida Statutes § 768. 20, the deceased’s personal representative can file suit to recover awards for the deceased’s estate, beneficiaries, and survivors, including:
- Medical, funeral, and burial expenses
- Lost wages, earnings, and benefits
- Loss of the deceased’s companionship and protection
- Loss of parental guidance and instruction
- Loss of the deceased’s support and services
- Surviving family members’ emotional pain and suffering
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Proving Provider Negligence
To win a malpractice case, you must prove that a medical provider or facility failed to treat you according to the accepted standards of their profession and that this negligent treatment resulted in your injuries and losses.
Our Gainesville medical malpractice lawyers can help you obtain your medical records and review them with experts. We will get to the bottom of what caused your injury and hold the liable parties responsible, including:
- Lab technicians
- Surgeons and surgery centers
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How Long do You Have to Pursue a Gainesville Medical Malpractice Case?
In Florida, you have two years from the time your injury occurred or was reasonably discovered to file a lawsuit for injuries or death caused by medical malpractice, according to Florida Statutes § 95.11. However, according to Florida Statutes § 766.106, before you file your case with the court, you must serve the health care provider with a notice of intent to sue.
The notice must include a sworn statement from a medical professional testifying that you have a valid malpractice claim. Once served, the notice triggers a 90-day settlement process during which the statute of limitations is tolled.
If you cannot reach an agreement with the provider during this period, you can commence legal action. Our attorneys can help find an expert to testify, represent you during the 90 day settlement period, and file your case before the statute of limitations expires.
Will Your Case Go to Court?
Most health care providers and facilities carry medical malpractice insurance, and the majority of malpractice cases settle outside of court. We will work tirelessly to negotiate a fair settlement for your injuries and avoid going to trial. However, if the insurance company does not offer adequate compensation, we will not back down from representing you in a lawsuit.
Our team will handle every aspect of your case, but there are things you can do to increase your chances of securing compensation, including:
- Seek medical treatment as soon as possible from a provider not connected to your malpractice injury (if you have not done so already)
- Follow your doctor’s treatment plan
- Avoid activities that could worsen your condition
- Keep records of bills and receipts regarding treatment or injury-related expenses
- Write down any details you can remember about your negligent medical care
- If an insurance agent contacts you, be polite and remain calm, but do not go into detail or answer questions about your injuries – instead, direct them to your attorney
Reach Out to Bogin, Munns & Munns Today
Bogin, Munns & Munns has served clients in Florida for more than 40 years. We are a full-service law firm dedicated to the principles of integrity, fairness, dignity, and respect. To learn more about how we can help you seek justice for your malpractice injury, call our offices at (855) 686-6752 for a free consultation.