St. Augustine Medical Malpractice Lawyer: Fighting for Justice and Fair Compensation
Medical malpractice can have a life-altering impact on victims and their families. If you or a loved one has suffered from negligent medical care in St. Augustine, Florida, you need a trusted advocate to fight for your rights. Bounds Law Group is dedicated to helping those who have been harmed by medical professionals who fail to meet the standard of care. As your St. Augustine medical malpractice lawyer, we work tirelessly to hold healthcare providers accountable and ensure you receive the justice and compensation you deserve.
Contact us today through our free case evaluation form or call 877-644-5122.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare professional or facility fails to provide the expected standard of care, resulting in harm to the patient. Medical professionals, including doctors, nurses, and hospitals, are required to meet certain standards when diagnosing, treating, and caring for patients. When these standards are not met, and harm results, the victim may have grounds for a malpractice claim.
Examples of medical malpractice include:
- Misdiagnosis or failure to diagnose
- Surgical errors
- Birth injuries
- Medication errors
- Anesthesia mistakes
- Failure to inform patients about risks
- Lack of informed consent
- Hospital infections due to negligence
Why Choose Bounds Law Group for Your Medical Malpractice Case?
At Bounds Law Group, we work to provide compassionate, professional legal support. Choosing the right lawyer is crucial when pursuing a medical malpractice claim, and here’s why we should be your first choice:
Experience and Expertise in Medical Malpractice Cases
Our team has years of experience handling medical malpractice claims, and we have a proven track record of success. We have worked with numerous clients throughout St. Augustine and the surrounding areas, securing favorable settlements and verdicts for those who have been victims of medical negligence. We know how to effectively argue these complex cases in court.
Personalized Attention
When you work with Bounds Law Group, you aren’t just another case. We take the time to understand your unique situation, listen to your concerns, and work with you every step of the way. Our goal is to ensure you feel informed and supported throughout the legal process.
No Fees Unless We Win
We understand that financial burden is often a concern for those suffering from medical malpractice injuries. That's why we operate on a contingency fee basis. This means you don’t owe us anything unless we win your case. We take on all the financial risks, allowing you to focus on healing while we focus on winning justice for you.
Types of Medical Malpractice Claims in St. Augustine
Bounds Law Group handles a wide range of medical malpractice claims, including:
Surgical Errors
Surgical errors are one of the most severe types of medical malpractice. A surgeon may make mistakes during surgery, such as operating on the wrong body part, leaving surgical instruments inside the patient, or performing unnecessary procedures. These errors can lead to significant complications, extended hospital stays, or even death.
Misdiagnosis or Delayed Diagnosis
A misdiagnosis occurs when a doctor incorrectly diagnoses a condition, leading to a failure in treatment or improper treatment. Similarly, a delayed diagnosis can worsen a patient’s condition, often reducing the chances of successful recovery. Whether it's cancer, heart disease, or another life-threatening condition, a delay in diagnosis can be devastating.
Birth Injuries
Birth injuries, such as cerebral palsy, can result from medical negligence during labor and delivery. In many cases, improper use of forceps, failure to monitor the baby's heart rate, or failure to perform a timely cesarean section can lead to lifelong consequences for both the child and the family.
Medication Errors
Medication errors occur when a doctor or pharmacist prescribes the wrong medication, incorrect dosage, or fails to account for harmful drug interactions. These mistakes can lead to severe side effects, allergic reactions, and other medical issues that could have been avoided.
Nursing Negligence
Nurses play a critical role in patient care. If they fail to monitor patients properly, administer the wrong medications, or fail to follow proper protocols, it can lead to nursing negligence. In many cases, nursing negligence can result in infections, bedsores, or other complications.
How Can a St. Augustine Medical Malpractice Lawyer Help You?
Pursuing a medical malpractice lawsuit in St. Augustine requires a thorough knowledge of both medical and legal issues. Here’s how Bounds Law Group can help you navigate this process:
Investigating the Claim
One of the first steps in a medical malpractice case is conducting a thorough investigation. We gather all relevant medical records, interview experts in the field, and analyze the circumstances of the alleged malpractice. This investigation helps us build a strong case and determine the viability of your claim.
Building a Strong Case
We work with medical experts who can testify on your behalf, explaining how the healthcare provider deviated from the standard of care and how this caused your injury. Building a strong case is crucial for ensuring that the responsible parties are held accountable.
Negotiating with Insurance Companies
Insurance companies often try to settle claims quickly and for the lowest amount possible. Our team has the experience to negotiate with insurance companies and ensure that you receive the compensation you deserve. If a fair settlement cannot be reached, we are prepared to take your case to court and fight for your rights in front of a jury.
Fighting for Compensation
Victims of medical malpractice are entitled to compensation for their medical bills, lost wages, pain and suffering, and other damages. At Bounds Law Group, we are committed to securing the maximum compensation available for your claim.
The Statute of Limitations in Medical Malpractice Cases
In Florida, the statute of limitations for filing a medical malpractice lawsuit is generally two years from the date of the injury. However, there are exceptions to this rule, such as when the injury is not immediately discoverable. It’s essential to contact a qualified St. Augustine medical malpractice lawyer as soon as possible to ensure you don’t miss the deadline for filing your claim.
Common Defenses in Medical Malpractice Cases
In any medical malpractice lawsuit, the defendant—typically the healthcare provider or hospital—may raise several defenses to avoid liability. Understanding these defenses is critical for building a strong case. Here are some of the most common defenses used in St. Augustine medical malpractice cases:
1. No Deviation from the Standard of Care
One of the most common defenses in medical malpractice cases is that the healthcare provider did not deviate from the accepted standard of care. The defendant may argue that they followed appropriate medical procedures, and the care provided was within the bounds of what any competent professional would have done in the same situation.
To counter this defense, your St. Augustine medical malpractice lawyer will need to present evidence that shows a clear deviation from the standard of care, often through expert testimony from another medical professional.
2. Informed Consent Was Given
In some cases, healthcare providers may defend themselves by asserting that the patient was fully informed of the risks associated with a particular procedure or treatment. Informed consent means that the patient was made aware of all potential risks, benefits, and alternatives, and agreed to proceed with the treatment knowingly.
While informed consent is a valid defense in certain situations, a patient may still have grounds for a malpractice claim if they were not provided with enough information, or if the risks were not adequately explained. A skilled lawyer will challenge the validity of the informed consent and investigate whether the healthcare provider followed proper procedures in obtaining consent.
3. Contributory or Comparative Negligence
Another common defense is comparative negligence, where the defendant claims that the patient’s actions contributed to their injury. For example, if a patient failed to follow post-surgical instructions or did not take prescribed medication, the defendant may argue that the patient’s negligence was a contributing factor to the injury.
In Florida, the law allows for comparative negligence, meaning that if the defendant can prove that the patient was partially responsible for the harm, the compensation awarded to the patient may be reduced based on their degree of fault.
4. Pre-Existing Condition
Defendants may also argue that the injuries sustained by the patient were the result of a pre-existing condition, rather than medical negligence. For instance, if a patient had a chronic illness or injury before seeking treatment, the defendant may claim that the alleged malpractice did not cause the injury, but rather exacerbated an existing issue.
In these cases, Bounds Law Group will work with medical experts to determine whether the defendant’s actions significantly contributed to the worsening of the condition and whether the injury could have been avoided with proper care.
5. Statute of Limitations Has Expired
As mentioned earlier, the statute of limitations for filing a medical malpractice claim in Florida is typically two years from the date of the injury. However, the defendant may argue that the plaintiff missed this deadline and that the case should be dismissed as a result.
It is essential to act quickly and consult with an experienced St. Augustine medical malpractice lawyer to ensure your case is filed within the appropriate time frame. In certain circumstances, the statute of limitations may be extended, especially if the injury was not immediately discoverable.
6. The Injury Was Not Caused by Malpractice
Finally, the defendant may argue that the injury sustained by the patient was not caused by medical malpractice, but by other factors such as the natural progression of the illness, unforeseen complications, or the patient’s own actions.
To overcome this defense, Bounds Law Group will need to demonstrate a clear causal link between the healthcare provider’s actions and the injury. This requires expert testimony, a thorough investigation, and detailed medical records to support the claim that malpractice was the direct cause of the harm.
How to Get Started with Bounds Law Group
If you or a loved one has been injured due to medical malpractice, it’s important to take action quickly. Bounds Law Group offers a free case evaluation form, which can be found here. You can also reach us directly at 877-644-5122 to schedule a case evaluation. We are here to help you seek justice and fight for the compensation you deserve.
Sources:
- National Library of Medicine – Medical Malpractice Overview
A comprehensive resource detailing what constitutes medical malpractice, its causes, and the legal process involved. Link to Source - American Bar Association – Medical Malpractice
The ABA provides guidelines and detailed information on medical malpractice law and its implications for victims. Link to Source - Florida Bar – Medical Malpractice Law in Florida
An overview of medical malpractice laws and statutes of limitations specific to Florida. Link to Source