Jacksonville, Florida
Frequently Asked Questions
I’m not happy with the results of my surgery or medical procedure, can I sue?
I believe the doctor was negligent and caused my injury, will you take my case?
How long will it take to pursue my case?
If we agree that you will take my medical malpractice case, how are you paid?
Q.) I’m not happy with the results of my surgery or medical procedure, can I sue?
A.) Medical malpractice is not merely being unhappy with the results of a surgery or medical procedure. In order to successfully pursue a claim of medical malpractice, a plaintiff must prove that the doctor’s care fell below a certain accepted standard, that the doctor was negligent and/or that the physician did not properly inform you of the risks of the particular procedure (informed consent). Medical malpractice claims are often highly complex and expensive cases to pursue.
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Q.) I believe the doctor was negligent and caused my injury, will you take my case?
A.) Because medical malpractice claims are highly complex, they require the use of various types of experts. Therefore, a decision to take your case depends on the facts and circumstance of the case. We will investigate your case and have it reviewed by our medical experts.
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Q.) How long will it take to pursue my case?
A.) The answer to this question depends upon the nature of the case. Every medical malpractice case is unique and presents its own challenges. The nature of the case dictates the length of time necessary to bring your action to its conclusion. During your initial consult, your attorney should be able to give you a better idea of how long your particular case might take. Understand, however, that this is an estimate, as facts and circumstances often change during the course of a case. Unlike other personal injury cases, however, there are specific steps that must be undertaken prior to filing a medical malpracticelawsuit. An expert witness must review your case and sign an affidavit stating why he believes medical malpractice occurred. Then a notice of intent must be filed by your attorneys. Once the notice of intent is filed, the defense has ninety (90) days to investigate the allegations of medical malpractice. After ninety (90) days, the defendant can either acknowledge liability and attempt to settle the case, request arbitration, or deny that medical malpractice occurred, and force the plaintiff to file suit. Many medical malpractice claims are settled even after suit is filed, but before the case goes to a jury trial.
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Q.) If we agree that you will take my medical malpractice case, how are you paid?
A.) In all medical malpractice claims, we work on a contingency fee agreement, clearly explained in an employment contract, signed by both parties. If we are unable to recover any money damages, you pay nothing. If, however, we are successful in obtaining a settlement or jury award, we receive a percentage of the recovery.
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