Protecting Accident Victims Since 1983

Florida Medical Malpractice
Lawyer

Florida Medical Malpractice Lawyer

Medical Malpractice

A medical malpractice action is an action taken against a healthcare professional based on negligence. Medical malpractice actions most commonly involve doctors or physicians, but nurses, physicians’ assistants, or anyone else who provides medical care to a patient can also be sued for malpractice.

There are four elements your First Coast medical malpractice attorney must show in your claim. The first is a duty to provide a certain “standard of care.” This means that a doctor or other health care professional must have the same level of skill and knowledge as other professionals in his or her field and must apply that skill and knowledge using appropriate care. In order for this duty to arise, your First Coast medical malpractice lawyer must show that the medical professional had a doctor-patient relationship with you. Usually, this relationship is created when a doctor agrees to treat you, but it can also arise in other ways. In some jurisdictions, hospitals must provide emergency assistance to anyone who comes to them. In such a case, the hospital must exercise a “standard of care,” even though they did not explicitly agree to a doctor-patient relationship.

The second element your attorney must show is a “breach” of the required standard of care. This means that the medical professional who treated you lacked the requisite knowledge or skill or failed to exercise care when applying the skill and knowledge. This breach can occur through neglect or an intentional act. This element is usually comparatively easy to prove.

The third element is “causation,” which means that the medical provider’s breach of his or her duty needs to have “caused” your injury. What this means varies from state to state. In some states, you cannot receive an award for damages if you contributed to your injury in any way. In Florida, you can recover for damages even if you are partly at fault. The amount you can recover will be reduced by your percentage of fault. For example, if a jury finds that you are 10 percent responsible for your injury, your award for damages will be reduced by 10 percent.

Sometimes, even if you can show that medical negligence caused your injury, the medical professional will not be held liable because the injury you suffered was not foreseeable at the time the negligence occurred. In such a case, we would say that the negligence was not a “proximate cause” of your injury.

Finally, your First Coast medical malpractice lawyer must show damages that were caused by the medical professional’s negligence. Damages need to be quantified in monetary terms, and the question is how much will it cost to compensate you for your losses? Factors to consider include medical costs, lost income or wages, disability, pain and suffering, and emotional distress.

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Accident Lawyer John Fagan
4.4
Based on 52 reviews
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Christina Land
Christina Land
19:41 12 Mar 20
Mary my case manager did a really great. She had stuck to word every time and kept the communication open . John the... lawyer company is great.read more
Tracey Lawler
Tracey Lawler
19:46 26 Feb 20
My experience with this firm was not only better than I anticipated, it was a huge relief. I didn't have to babysit... like I did with the large firm I left to come here. Attorney, David Drill was professional, knowledgeable, understanding and straightforward. He was never dismissive or intolerant of my tears and always asked me for my input while offering his perspective and expertise. The office staff was always friendly and responsive. I will be referring literally everyone I can here. I can’t thank them enough.read more
District 14
District 14
15:02 30 Jan 20
I was very pleased with the service I received at John Fagan. My representative David Drill was top notch in getting my... case out in the open and getting the settlement done. Mrs.Debbie his assistant was wonderful, she kept me in the loop with all the needed appointment and any other information I desired. I would say to anyone considering an attorney to call John Fagan.read more
Gary Mace
Gary Mace
15:03 24 Jan 20
Daphne and Adrienne have been very informative . They helped me get the medical treatment I needed after the accident.... For an experience I’ve never been through before, I highly recommend this team.read more
Kathryn McQueen
Kathryn McQueen
22:52 23 Jan 20
Daphne and the staff at John Fagan provided and demonstrated professional service in each of my cases. Daphne was... available to answer every medical, insurance, and any additional legal question of my concern. Daphne consistently contacted me when there was an update in my case. I had no worries or stress on the outcome of my case. I would highly recommend Daphne!read more
Lisa Mari
Lisa Mari
20:36 03 Jan 20
I was hurt on my job and I’m very happy that John answered my phone call and that I used his service. My attorney... David and Assistant Debbie were fantastic! Everybody in the office completely courteous too, if it wasn’t for them, I wouldn’t of gotten such a good settlement. Anybody going to Workers Comp needs ATTORNEY’s like this firm.read more
Marianna Midyette
Marianna Midyette
02:27 20 Nov 19
Great firm was very Happy with adraine with the out come with my case
Paul Maynard
Paul Maynard
01:23 20 Nov 19
They were very helpful in my case I recommend them highly
Renée Darnell
Renée Darnell
17:27 04 Jun 19
I have recommended Accident Lawyer John Fagan to my family and friends. The Team at Accident Lawyer John Fagan has... done an outstanding job representing them.read more
Wesley Caton
Wesley Caton
19:00 04 Apr 19
My experience has been nothing but amazing, Daphne has been astounding and no matter what obscure demand was made by me... or insurance she rolled with punches. Her transparancy really meant a lot to me, she was straight forward with every step we were in.read more
Paul Wheat
Paul Wheat
19:06 07 Jan 19
Over all it was not bad.. dealing with work comp I found that very few are on your side and no matter who you are, you... are now viewed as a lazy criminal. Debbie was great and communication was clear. Dave did his job but nothing more. I do not feel I was prepared for what I heard in mediation to the extent of the numbers.. as an office 4 stars.. Debbie... 5 stars... the experience... well I'm sorry anyone is even looking for an attorney for help.read more
Dawn Battle
Dawn Battle
18:56 07 Jan 19
Had a wonderful experience at The Fagan Law Firm! Mr. Daze was wonderful to work with, full of wisdom and helped me get... my settlement quickly. Would use this law firm again!read more
Maria Galarza
Maria Galarza
15:00 13 Nov 18
My experience was not very pleasant, first we were new clients without any experience about car accidents for that... reason we did not know how the process will be or how long that could last. When we started the process we never got explained step by step how will work. We expected more communication from the person in charge of the case in our case was Adrianne, She never answered a call and when I sent emails I did not get an answer on time, most of the time it took more than 48 hours for her to respond and I was not pleased with the answer of my question (leaving me with doubts about what I was asking) when the case of property damage part was finally over with her, the case goes on demand for the insurer which never I saw some copy but I have to clarify that Mrs Daphne nail was very kind.read more
Kristen Rosepiler
Kristen Rosepiler
22:41 19 Oct 18
First off, if I could give Daphne ZERO stars, I would. She was terrible with communication! She could never accept a... phone call, I always had to leave messages that she never returned, and didn't even call me on SCHEDULED conference calls. The three stars is only because of my beginning experiences..... My case was transferred to Adrienne, if you have a case here, REQUEST HER. She was such a breath of fresh air. She kept me updated via email about everything. I understand that a lot of phone tag happens during these cases, but she kept me updated on everything. Not a week went by that she didn't tell me what was going on. She fought very hard for me to get my bills and med pay down so that my settlement was better. In the end, she turned an awful experience into a good one. She definitely deserves 5 stars!! Thanks!read more
Chaos with the Christopher's
Chaos with the Christopher's
13:07 09 Oct 18
I don't reccomend this attorney at all. They drug my case out for 6 years. I went 8m without them contacting me. They... aren't genuinely for you. I was told that my case wasn't putting any money in their pockets. That's when I knew I had to fire them. 6 years too long! I reccomend Byrd & Byrd!read more
Rand Peterson
Rand Peterson
17:26 28 Aug 17
John Fagan did an exceptional job in dealing with my accident claim. Daphne was also a key player in the settlement... that I received. I would definitely use John Fagan (and Daphne) again if the need would ever arise in the future.read more
Joan Brackin
Joan Brackin
22:08 28 Jun 17
The challenges that my daughter has experienced since her car accident last summer have been many. This law firm and... their supportive staff have always had an open ear and were only a phone call or email away to answer questions regarding getting her the medical help that she has needed. I highly recommend this group of people to be there in your time of need.read more
Alicia Williams
Alicia Williams
18:32 28 Jun 17
I highly recommend John Fagan for your personal injury lawyer. The staff is very professional and knowledgeable. They... are always a phone call away ready to address any of your cares and concerns. When you first meet with John Fagan he makes you feel comfortable and confident he will do the best job he can for you.read more
Rick Bartley
Rick Bartley
18:10 28 Jun 17
So far top notch group of staff. From account manager's that are on top of it and get answers quick to John Fagan... being available when needed. Couldn't ask for a better law firm to represent my case.read more
Sandra Danner
Sandra Danner
22:56 23 Jun 17
I really wish I had called John Fagan firm to be on my side a couple years ago after an accident. I did not hire any... representation and have always felt like the insurance company cheated me from a fair settlement. It was a time I needed to feel like I had family on my side and everyone at this law firm will treat you like family. John is an especially amazing community advocate. Don't make the mistake I did! Call John Fagan law firm today!read more
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