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Best Medical Malpractice Lawyers in Jacksonville

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Attorney Steve Watrel, P.A. logo
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Attorney Steve Watrel, P.A.

6129 Atlantic Blvd., Jacksonville, FL 32211
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  • Nursing Home Neglect

Business Description

Established in 1993, Attorney Steve Watrel, P.A. is a Jacksonville-based firm that represents accident and injury victims. It takes on different types of personal injury matters, covering medical malpractice, wrongful death, dog attacks, and motor vehicle accidents. It also represents victims of nursing home abuse and neglect, whether they obtained bedsores, abrasions, broken bones, or head injuries. Pat Hill, who joined the firm in 2017, has more than 40 years of personal injury experience under her belt.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
4.8 / 5 (8)
Facebook
5.0 / 5 (1)
Avvo
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Aventis Law Firm logo
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Aventis Law Firm

4651 Salisbury Road #400, Jacksonville, FL 32256
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  • Wrongful Death
  • Birth Injuries

Business Description

Aventis Law Firm takes on medical malpractice cases for plaintiffs throughout the Jacksonville metro and beyond. It pursues lawsuits against healthcare providers whose negligence and misconduct caused harm to the patient. It often handles cases arising from diagnosis mistakes, surgical errors, inaccurate medication administration, birth injuries, and anesthesia errors. The firm's attorney, Nicole C. Liu, draws on her previous experience working for some of the largest insurance defense firms to deal with her personal injury cases.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (17)
Campione Law logo
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Campione Law

3200 Emerson Street, Jacksonville, FL 32207
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  • Wrongful Death
  • Medical Malpractice
  • Personal Injury

Business Description

Campione Law advocates for individuals in the Jacksonville area who have been injured due to the negligence of others. Providing aggressive legal representation in cases involving medical malpractice, wrongful death, dog bites, slip and fall, and auto accidents, the firm strives to fulfill its goal of obtaining maximum compensation for clients and their families. It also assists customers with their small business, real estate, and criminal defense law issues. Campione Law, headed by principal lawyer Christopher D. Campione, has offices in Pensacola and Mt. Dora.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Google
4.9 / 5 (52)
FindLaw
5.0 / 5 (4)
Yelp
5.0 / 5 (2)

(+1 additional source)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
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Detail
––
Cronin & Maxwell, PL logo
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Cronin & Maxwell, PL

4250 Lakeside Dr. Suite 204, Jacksonville, FL 32210
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  • Wrongful Death
  • Medical Malpractice
  • Birth Injuries

Business Description

Cronin & Maxwell, PL, legally represents civilians and military personnel in Jacksonville in their medical malpractice claims. Its attorneys assist victims of hospital staff negligence, birth injuries, surgical errors, nursing negligence, and physician misconduct obtain compensation for their sufferings and medical expenses. They also handle cases involving misdiagnosis and emergency room errors. Sean B. Cronin, who served as mission commander for the Naval Air Station Moffett Field, obtained $7.165 Million for his client in the McGarry versus Memorial Hospital Ormond case.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.3
Google
4.5 / 5 (16)
Facebook
5.0 / 5 (1)
Edwards & Ragatz, P.A. logo
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Edwards & Ragatz, P.A.

4401 Salisbury Road, Suite 200, Jacksonville, FL 32216
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  • Medical Malpractice

Business Description

Edwards & Ragatz, P.A., is a personal injury and medical malpractice law firm that represents clients in and around Jacksonville. The firm provides legal assistance in medical malpractice cases involving injuries during labor and birth, failing to or misdiagnosing cancer, misinformation from a doctor, and surgical errors. Senior partner and board-certified civil trial lawyer Tom Edwards achieved the largest medical malpractice verdict in the United States in 2012 and was awarded the Al J. Cone Lifetime Achievement Award from the Florida Justice Association for 2020.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Google
4.4 / 5 (22)
Avvo
5.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Gillette Law, P.A. logo
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Gillette Law, P.A.

603 North Market Street, Jacksonville, FL 32202
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  • Medical Malpractice

Business Description

Gillette Law, P.A., which has offices in Jacksonville and Brunswick, offers legal counsel and representation for injury victims. Established in 1995, the firm represents medical malpractice victims and pursues compensation on their behalf. It handles cases that involve pharmaceutical errors, nurse malpractice, misdiagnosis, and hospital-related infections. Wrongful death, nursing home negligence, and auto accidents are the other personal injury claims it deals with. Gillette Law is headed by Charlie Gillette, who has been practicing since 1989.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.6
Google
4.8 / 5 (100)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Detail
Harrell & Harrell logo
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Harrell & Harrell

4735 Sunbeam Road, Jacksonville, FL 32257
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  • Birth Injuries
  • Misdiagnosis of Illness
  • Emergency Room Negligence

Business Description

Harrell & Harrell pursues medical malpractice claims against healthcare practitioners and facilities whose failure to maintain the accepted standard of care led to serious, debilitating, or fatal injuries. It represents clients throughout Jacksonville who experienced harm as a result of misdiagnosis, surgical errors, negligent abandonment, and defective medical devices. It also handles cases arising from nursing home neglect or abuse, failure to follow procedures, and medication or pharmacy mistakes. Partner Renee Harrell is the former President of the Jacksonville Legal Aid’s Board of Directors.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.4
Google
4.5 / 5 (364)
Yelp
2.0 / 5 (10)
Avvo
4.5 / 5 (6)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Detail
Hastings Injury Law Firm logo
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Hastings Injury Law Firm

1661 Beach Blvd, Jacksonville Beach, FL 32250
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  • Wrongful Death
  • Medical Malpractice
  • Personal Injury

Business Description

Hastings Injury Law Firm provides legal services to victims of medical malpractice in Jacksonville and the surrounding areas. It assists in obtaining compensation for damages and losses incurred from the negligence of medical health professionals leading to disability, injury, or death. The law firm also handles other personal injury cases, such as birth injuries, dangerous drug liability, defective medical product liability, and nursing home abuse and neglect. Lead attorney Brett Hastings promotes open communication with his clients by providing his direct phone number.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
4.9 / 5 (71)
Yelp
5.0 / 5 (1)
Avvo
5.0 / 5 (1)

(+1 additional source)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Detail
Jacksonville Personal Injury Attorney logo
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Jacksonville Personal Injury Attorney

542 Edgewood Ave S, Jacksonville, FL 32205
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  • Medical Malpractice
  • Misdiagnosis of Illness
  • Anesthesia Errors

Business Description

Jacksonville Personal Injury Attorney provides legal services to individuals and their families. It represents clients who have been harmed due to medical malpractice or the negligence of healthcare providers such as surgeons, doctors, nurses, pharmacists, and other medical professionals. With over 55 years of experience, its full legal team also handles various vehicular accidents, catastrophic injuries, and wrongful death cases. Jacksonville Personal Injury Attorney is a member of the Hawaii State Bar Association and the Florida Association of Criminal Defense Lawyers.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
4.8 / 5 (23)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
Jason K.S. Porter, P.A. Attorneys at Law logo
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Jason K.S. Porter, P.A. Attorneys at Law

3325 Hendricks Avenue, Jacksonville, FL 32207
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  • Medical Malpractice

Business Description

Jason K.S. Porter, P.A., Attorneys at Law, serves clients in Jacksonville and the surrounding areas. The firm's lawyers have nearly 100 years of combined experience handling various legal matters, including personal injury cases. They represent plaintiffs in lawsuits related to medical malpractice, such as misdiagnosis, prescription errors, birth injuries, and surgical errors. The legal team pursues justice and fair compensation for the victims following the accident or injury. Prior to founding the legal office, Jason K.S. Porter served as an Assistant State Attorney.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
4.8 / 5 (108)
Avvo
4.7 / 5 (10)
Facebook
5.0 / 5 (6)

(+1 additional source)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Jax Litigation Group, P.A. logo
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Jax Litigation Group, P.A.

444 East Duval Street 2nd Floor, Jacksonville, FL 32202
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  • Misdiagnosis of Illness

Business Description

Jax Litigation Group, P.A. in Jacksonville assists victims of personal injury, auto accidents, and medical malpractice in settlement and insurance claims. The firm is operated by A. Jay Plotkin and Richard J. Lantinberg, trial attorneys with over 50 years of combined legal experience. The firm deals with medical malpractice cases such as birth injuries, misdiagnosis, prescription and surgical errors, and medical equipment misuse. Partner A. Jay Plotkin was the Chief Assistant State Attorney in Florida from 1999 to 2009.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.0
Google
4.0 / 5 (6)
Kurtz Law Group logo
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Kurtz Law Group

301 W. Bay Street, Suite 14133, Jacksonville, FL 32202
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  • Misdiagnosis of Illness
  • Surgical Mistakes

Business Description

Kurtz Law Group handles medical malpractice claims on behalf of plaintiffs in Jacksonville and the surrounding areas. The firm pursues legal actions against medical practitioners, such as doctors, nurses, pharmacists, lab technicians, and chiropractors whose negligence or misconduct caused harm or death to a patient. Its legal team often handles malpractice claims arising from improper diagnosis, surgical errors, and performing unnecessary medical procedures. William W. Kurtz, Jr. previously served as a prosecutor in the State Attorney’s Office and has tried over 40 cases to verdict.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.6
Google
4.7 / 5 (15)
Facebook
5.0 / 5 (8)
Yelp
5.0 / 5 (2)

(+1 additional source)

Law Office of Kelly B. Mathis logo
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Law Office of Kelly B. Mathis

3577 Cardinal Point Dr., Jacksonville, FL 32257
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  • Misdiagnosis of Illness
  • Surgical Mistakes
  • Emergency Room Negligence

Business Description

The Law Office of Kelly B. Mathis helps the victims of medical malpractice in Jacksonville. It represents clients in every facet of a medical malpractice case, from pre-litigation to trial. It deals with various personal injury claims, such as product and premises liability, motor vehicle and semi-truck accidents, and slip and fall injuries. The firm also concentrates on business litigation and insurance law. Its founder, Kelly B. Mathis, has been an attorney for more than 30 years.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Google
4.7 / 5 (12)
Facebook
5.0 / 5 (1)
Law Offices of Fred Tromberg logo
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Law Offices of Fred Tromberg

4925 Beach Boulevard, Jacksonville, FL 32207
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  • Medical Malpractice
  • Misdiagnosis of Illness
  • Surgical Mistakes

Business Description

The Law Offices of Fred Tromberg is a Jacksonville-based firm that assists clients in personal injury claims, covering medical malpractice. It provides legal representation in cases that involve defective medical equipment, failure to provide treatment, and surgical and anesthesia errors. Founding attorney Fred Tromberg's practice is focused on representing negligence and injury victims. He is a board-certified civil trial lawyer and Florida Supreme Court-certified civil mediator and arbitrator with more than 40 years of experience.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.5
Avvo
5.0 / 5 (8)
Google
4.4 / 5 (7)
Yelp
3.5 / 5 (3)
Malpractice Specialist logo
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Malpractice Specialist

10151 Deerwood Park Blvd. #250, Jacksonville, FL 32256
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  • Medical Malpractice
  • Surgical Mistakes

Business Description

Since 1998, Malpractice Specialist has been representing patients and their families in Jacksonville and neighboring areas in a full range of medical malpractice cases. These include birth injuries, surgical errors, failures to diagnose, and nursing home neglect. Lead attorney Scott R. McMillen has been handling medical malpractice cases for over 30 years, having started with representing hospitals and doctors. With this insight on the defense, he helps injured clients receive compensation for damages, such as lost wages, medical expenses, and property damages.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.5
Yelp
4.7 / 5 (28)
Facebook
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Margol & Margol, P.A. logo
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Margol & Margol, P.A.

2029 3rd St N, Jacksonville Beach, FL 32250
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Business Description

Margol & Margol PA has provided legal counsel in the Jacksonville area since 1985. Its attorneys represent clients in malpractice cases involving medical treatment providers. They investigate each case to determine if the treating physician, surgeon, nurse, or other professional acted within the accepted standard of care. The firm's other practice areas include personal injury, environmental litigation, intellectual property disputes, and insurance bad faith. It also advocates for family members in wrongful death cases.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.0
Strickland & Hooten P.A. logo
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Strickland & Hooten P.A.

2955 Hartley Rd # 107, Jacksonville, FL 32257
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  • Misdiagnosis of Illness

Business Description

Strickland & Hooten P.A. serves clients in the Jacksonville metro. It takes on personal injury cases and provides legal representation for individuals who are victims of medical malpractice. Its attorneys help clients receive maximum compensation for the medical bills and injuries suffered. In addition, it handles workers' compensation cases. One of the firm's attorneys, Earl “Buddy” Hooten II, has been in the legal field for more than 25 years. He is a member of both the State and National Trial Lawyer Associations.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Facebook
5.0 / 5 (1)
Terrell Hogan logo
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Terrell Hogan

233 E Bay St Ste 804, Jacksonville, FL 32202
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Business Description

Since 1977, Terrell Hogan has provided legal representation to clients in the Jacksonville area. The firm takes medical malpractice cases involving misdiagnosis, delayed diagnosis, surgical and pharmaceutical errors, and failure to obtain consent. Attorneys review case evidence and work with medical consultants to build a strong defense. Terrell Hogan also handles personal injury cases, including defective drugs and products and nursing home abuse claims. The American Association for Justice honored Attorney Wayne Hogan with a Lifetime Achievement Award.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.6
Facebook
4.4 / 5 (17)
The Law Firm of Pajcic & Pajcic logo
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The Law Firm of Pajcic & Pajcic

1 Independent Dr, Jacksonville, FL 32202
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  • Medical Malpractice

Business Description

The Law Firm of Pajcic & Pajcic fights for the rights of individuals and families in the Jacksonville area who have been injured due to medical malpractice. It strives to fulfill its goal of achieving a fair recovery for its clients by providing aggressive legal representation in cases involving hospital injuries, nursing home negligence, and doctors liability. Other practice areas include car, motorcycle, and truck accidents. Founded in 1974, the firm has recovered over $1 billion in settlements for its clients.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Google
4.9 / 5 (489)
Yelp
4.0 / 5 (3)
Avvo
3.7 / 5 (3)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
The Law Office of William J. Scott, P.A. logo
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The Law Office of William J. Scott, P.A.

2716 Herschel Street, Jacksonville, FL 32205
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  • Wrongful Death
  • Birth Injuries
  • Nursing Home Neglect

Business Description

The Law Office of William J. Scott, P.A., is a plaintiffs' firm in Jacksonville. It advocates for individuals and their families who bear the consequences of professional malpractice, including negligence or errors made by medical staff. The law firm recovers financial compensation by enlisting the help of field experts in establishing breaches of duty and causation of damages. William J. Scott has been practicing in personal injury and consumer law since 2000. He is a member of the American Association for Justice.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
4.7 / 5 (7)
Avvo
5.0 / 5 (3)
The Law Offices of John Kalil P.A. logo
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The Law Offices of John Kalil P.A.

6817 Southpoint Pkwy Suite 1402, Jacksonville, FL 32216
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  • Wrongful Death
  • Nursing Home Neglect

Business Description

The Law Offices of John Kalil P.A. seeks compensation for medical malpractice victims in Jacksonville and the surrounding areas. The firm collaborates with registered nurses, paralegals, investigators, and medical expert witnesses to establish a strong case and recover maximum compensation. Its team also pursues claims from nursing home negligence and abuse, motor vehicle accidents, toxic torts, unsafe premises, and defective products. Its head attorney, John S. Kalil, is a member of the American Board of Trial Advocates. He has been practicing law since 1977.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
4.9 / 5 (11)
Facebook
5.0 / 5 (8)
Avvo
4.0 / 5 (4)
The Law Offices of Sheftall & Associates logo
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The Law Offices of Sheftall & Associates

1 Independent Dr, Jacksonville, FL 32202
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  • Medical Malpractice

Business Description

For more than 40 years, The Law Offices of Sheftall & Associates has been serving individuals and businesses throughout Jacksonville. The firm handles a wide range of medical malpractice cases, such as misdiagnoses, improper treatments, neglect resulting in malnutrition or bed sores, and surgical errors. It also provides legal services involving business litigation, personal injury, libel and defamation, and franchise disputes. Its team of attorneys advocates for injured victims' rights against insurance companies and at-fault parties and helps them obtain monetary compensation. The founder, Scott Sheftall, is a board-certified specialist in civil trial law.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Google
4.7 / 5 (15)
Wicker Smith O'Hara McCoy & Ford P.A. Attorneys at Law logo
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Wicker Smith O'Hara McCoy & Ford P.A. Attorneys at Law

50 N Laura St Ste 2700, Jacksonville, FL 32202
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Business Description

Wicker, Smith, O'Hara, McCoy & Ford PA Attorneys at Law is a medical malpractice firm that has served the residents of Jacksonville since 1952. The firm has an emphasis on serving a broad variety of clients from individuals to multinational corporations. It represents clients who are involved in medical malpractice cases, as well as other cases of professional malpractice. Partner Lynn Audie is an active member of the Florida Bar and Dade County Bar Association.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.0
Google
5.0 / 5 (1)
Wood, Atter & Wolf, P.A. logo
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Wood, Atter & Wolf, P.A.

100 N Laura St, Jacksonville, FL 32202
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  • Wrongful Death
  • Medical Malpractice

Business Description

Wood, Atter & Wolf, P.A., is a family-oriented law firm focusing on personal injury and family law cases in the Jacksonville metro. It handles varieties of medical malpractice cases involving injuries that may stem from the negligence of a healthcare provider, including delayed diagnoses, surgical errors, and improperly prescribed medication. The firm has been guiding clients in every step of the legal process since 1957. It has already recovered more than $240 million on behalf of clients.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
5.0 / 5 (300)
FindLaw
5.0 / 5 (31)
Yelp
3.5 / 5 (10)

(+2 additional sources)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Back to Providers

Frequently Asked Questions

What does a medical malpractice lawyer do?

Medical malpractice lawyers represent patients who have been injured during or as a result of medical treatment, when those injuries are caused by the negligence of health care providers, including physicians, dentists, anesthesiologists, clinics, and hospitals. A medical malpractice attorney will meet with a patient, determine if a malpractice case is warranted, gather information from the patient and from medical experts, depose defendants under oath, and negotiate a settlement on behalf of the patient. If an out-of-court settlement cannot be reached, a medical malpractice attorney will litigate the case in court on behalf of the patient.

Do I have a medical malpractice case?

To have a medical malpractice case, a patient must have been injured when a health care provider, who had a duty of care to the patient, breached the accepted standard of care. An attorney looks for certain signs that medical malpractice has taken place, including:

  • A lack of informed consent, in which a person didn’t agree to a treatment or procedure, or the  provider failed to fully explain the risks before proceeding
  • A highly unusual outcome results from a procedure or treatment, which may indicate that the provider made a mistake
  • A patient is informed by their health care provider or hospital that a mistake was made

What are the chances of winning a medical malpractice lawsuit?

According to the U.S. National Institutes of Health’s 20-year study of medical malpractice case outcomes, winning a suit largely depends on the strength of the evidence. Patients won just 10% to 20% of jury trial cases with weak evidence, compared to 30% of lawsuits with midrange evidence. Patients succeeded in 50% of cases with strong evidence. In addition to evidence, factors such as an attorney’s familiarity with the practice of medicine, and the attorney’s specialized background in medical malpractice law, may contribute to the success of the lawsuit.

Is a misdiagnosis suitable for medical malpractice?

Misdiagnosis can constitute malpractice if it's proven that a doctor has failed to meet the usual standard of care. These types of cases usually involve mishandling of testing or delayed diagnoses. They may also involve a doctor's failure to interpret test results, screen for a specific condition, provide a specialist referral, discuss symptoms a patient is experiencing, or investigate possible causes of reported symptoms.

As a patient, how do I choose a good medical malpractice lawyer?

Start by creating a short list of local medical malpractice lawyers specializing in plaintiff representation, then narrow it down by taking these steps:

  • Look at the lawyer’s website for details about their malpractice experience and knowledge.
  • Check whether an attorney is a member in good standing of local, state, and national trial lawyers' associations and the state bar association.
  • Ask what percentage of each lawyer’s caseload is devoted to medical malpractice, what portion of the cases go to trial versus settling, and how much of the case work is delegated to support staff.
  • Verify that an attorney works on a contingency fee basis and absorbs up-front expenses.

What percentage of a settlement do medical malpractice lawyers get?

Medical malpractice lawyers typically represent clients on a contingency basis, receiving payment only if the plaintiff receives a settlement. The standard fee is 33% of the amount awarded. Attorneys may also pay litigation expenses up front, such as filing fees and other case-related costs, before receiving reimbursement from the settlement. Contingency fee percentages, other litigation costs, and payment structures may be negotiable.

What’s the statute of limitations on medical malpractice?

Statutes of limitations for medical malpractice lawsuits differ in each state. The limitations in three of the most populous states show how these laws can vary:

  • California plaintiffs have one year from discovering an injury or three years maximum from the injury date. Cases of foreign objects left in a person's body during surgery have no three-year deadline.
  • New York claims must be filed within 30 months of an injury-causing event. The time limit for left-behind foreign objects is one year from discovery.
  • Texas plaintiffs have two years to file suit, post injury. There are several exceptions, including continuing treatment situations, discovery after the limit expiration, and a 10-year maximum limit.

How do you file a medical malpractice lawsuit?

Taking these steps may get a medical malpractice issue resolved quickly or help when filing a lawsuit becomes necessary:

  • Contact the doctor or health care provider to discuss the injury and a solution to the situation.
  • File a complaint with the local medical licensing board.
  • Check the state’s statute of limitations for filing a malpractice claim.
  • Consult with an impartial medical expert to get a written opinion on whether accepted standards of care were followed.
  • Arrange a free initial consultation with a local medical malpractice lawyer to determine if filing a lawsuit is worthwhile.
  • Consider settling with the health care provider or their insurance company to avoid a lengthy court case.

How does a medical malpractice lawsuit work?

A consultation with an attorney is the first step in initiating a medical malpractice lawsuit. During the consultation, the patient will explain their case, including their injuries and the impact of those injuries on their life and well-being. The patient will identify the person or organization they believe breached the standard of care, and indicate how they believe that breach led to their injuries. The attorney will determine if the patient has a viable malpractice claim, and if so, will enter into an agreement to represent the patient. Next, the attorney will begin an investigation, reviewing medical records and consulting with medical experts. Following the investigation, the discovery process will allow the plaintiff and defendant to share information with each other about the case under oath. In the vast majority of malpractice cases, the settlement phase follows. During this phase, the doctor or facility will agree to pay the plaintiff a mutually agreed upon amount of money. If a settlement cannot be reached during this phase, the medical malpractice lawsuit will proceed to trial.

As a healthcare provider, how do I avoid medical malpractice?

With the goal of enhancing the quality of care provided, while also limiting the risk of harm to patients, doctors can reduce the likelihood of medical malpractice lawsuits by adopting best practices, such as the following:

  • Establish trusting relationships through open and honest communication, and disclose poor outcomes and errors if they occur.
  • Stay up to date on disease management methods, technological advancements, and current standards of care in their area of specialty.
  • Obtain informed consent by fully explaining the risks and possible outcomes of procedures and treatments.
  • Improve follow-up care after any missed appointments and scheduled tests and procedures to help prevent delayed or overlooked diagnoses.
  • Maintain accurate, detailed records of patient exams, treatments, and counseling provided.

What can a medical malpractice defense attorney do for a doctor who has been sued by a patient?

While it can be upsetting and stressful to be sued by a patient, medical malpractice lawsuits are actually fairly common. In fact, a recent American Medical Association benchmark survey found that more than one third of physicians in the U.S. have been sued for malpractice at some point during their career. In the event of a patient lawsuit, the doctor’s malpractice insurance provider will supply the doctor with a malpractice defense attorney to handle the case. If the doctor is not confident with the insurer-provided attorney—for instance, if they sense that their case is being passed along to less experienced associates, or if they feel like they are being forced into a settlement by their insurer—they can hire, and pay for, private counsel. In these cases, the private malpractice defense attorney can explain legal procedures, weigh in on case strategy and settlement possibilities, and suggest stronger defense action if warranted.

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