Starting a Medical Malpractice Case: First Steps

Medical News Today states that “Medical malpractice occurs when a health care professional or provider neglects to provide appropriate treatment, omits to take an appropriate action, or gives substandard treatment that causes harm, injury, or death to a patient. The malpractice or negligence normally involves a medical error. This could be in diagnosis, medication dosage, health management, treatment, or aftercare.” If you or a loved one have ever suffered medical malpractice, you know how horrific an experience it can be – whether it was intentional on the health care professional’s part or not.

Thankfully, medical malpractice law enables patients to seek damages via medical malpractice suits. According to the Medical Malpractice Center, somewhere between 15,000 to 19,000 suits are filed every year in the United States.

Can anyone file a medical malpractice suit?

In order to file a medical malpractice suit, you need to be able to prove that not only did the physician act negligently, but that the negligence caused injury or harm, and that the harm resulted in one or more of the following:

  • Disability
  • Chronic pain
  • Lasting hardship
  • Substantial loss of income
  • Suffering

How do I know if I have a medical malpractice suit?

Here are some examples of the types of malpractice that can lead to a lawsuit:

  • Misdiagnosis
  • Delayed diagnosis
  • Infections contracted during hospital stay
  • Bedsores
  • Chronic pain after surgery
  • Leaving objects in patient’s body after surgery
  • Operating on the wrong part of the patient’s body
  • Prescribing the wrong medication or dosage
  • Failure to follow-up
  • Failure to order tests or act on test results
  • Incorrect or unnecessary surgery
  • Premature discharge
  • Failure to get informed consent from the patient
  • Failure to disclose procedure risks

What type of compensation can I get for a medical malpractice suit?

If you win a medical malpractice suit, you may be awarded compensatory damages and/or punitive damages. Compensatory damages include things like past and future medical expenses, economic damages, lost earning compacity, and life care expenses. They can also include non-economic damages like psychological and emotional destress, physical harm, and chronic pain. If the health care provider is found guilty of malicious or willful misconduct, punitive damages can be awarded.

Partnering with an experienced medical malpractice attorney

Our medical malpractice attorneys work on a contingency basis, meaning they do not get paid unless the plaintiff is awarded a settlement or jury verdict. If you need assistance with your medical malpractice suit, we encourage you to contact our experienced medical malpractice lawyers about your situation for a no-obligation, no-cost consultation. Call Hardesty, Tyde, Green & Ashton, P.A. at 904-249-9030 or email us. You can learn more about medical malpractice on our YouTube channel.


Victim of Medical Malpractice? Call a Jacksonville Attorney Today

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