The laws in Jacksonville medical malpractice attorney were written to protect individuals from the negligence or intention of a healthcare provider to cause harm or injury to an individual. Examples of medical malpractice include misdiagnoses of particular medical condition or disease, failure to diagnose a medical condition or disease, failure to provide treatment or an unreasonable delay in providing treatment.
Each state has a set limit on the amount of damages to be awarded in medical malpractice cases. Jacksonville has set a limit on non-economic damages, which can be awarded in a medical malpractice case of $250,000. Each state is different, so if you do not live in the state of Jacksonville and have a medical malpractice case, you will need to check with your attorney as the set amount allowed to be awarded for your case.
In certain medical malpractices cases an expert in the medical field will need to testify as an expert witness in the medical malpractice case. These experts are bound by law to testify no matter which what their professional opinions might be. Whether in the expert's opinion they believe their colleague's action were in accordance with medical standards or not.
Each state also sets a limit on the amount of time from the date of the incident you have to file a medical malpractice claim. If you wait too long, your window of opportunity to take action against the perpetrator will be closed. Jacksonville has set the time limit of 3 years from the date of the injury, or 1 year from the date the patient should have realized the injury occurred. If the case involves an object left in the patient's body during a surgery, then the time begins on the date the object was found or should have been found. The law in Jacksonville has special laws, which apply only to minors below the age of 6 years old. The time limit for a minor child is 3 years from the date of the injury or before the child's 8th birthday, which ever comes first.