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Law Office of Robert Gibson
9408 Arlington Expressway
Jacksonville, Florida 32225
Local: (904) 273-3000
Toll Free: 1-800-4 LAW DOC

Medical Malpractice

What Is Medical Malpractice?

Robert Gibson, D.C. J.D., has been a Doctor for 35 years and a Lawyer for 24 years.  He knows that most doctors and nurses are hardworking, highly skilled professionals whose goal is to provide excellent healthcare. However, they are not immune to the problems in life. They are not exempt from having family problems, difficulty sleeping, drug or alcohol dependencies, they could simply have a bad day. Unfortunately, sometimes their bad day turns out to be your nightmare.

Medical malpractice occurs when physicians, nurses, and other healthcare providers make a medical error or mistake, resulting in a serious injury, permanent disability, or resulting in death. A simple error or mistake is usually not enough to rise to the level of malpractice. To constitute malpractice, the negligence, death or serious injury must be caused by the failure of the healthcare provider to meet the minimum standards of care.

Medical malpractice occurs more often than you know; which results in Catastrophic and disabling injuries at  the hands of those entrusted in their care.

Medical negligence cases include when a healthcare provider, or hospital fails to get  “informed consent" to a medical procedure that results in significant harm to the patient, despite the procedure being properly performed. Significant claims could result from surgical errors, improper or missed diagnoses, medication errors or  nursing staff not following doctors orders. Each case presents its own unique set of circumstances and must be evaluated on its own particular merits and facts. That is why you need to have your case evaluated by someone whose experience can evaluate your particular medical circumstance. 

What Medical Malpractice is not…

Many people believe that because the procedure did not turn out the way they expected or it did not solve their medical problem, that it is cause for a malpractice claim. There are many risks with every medical procedure. Obtaining a bad result after a medical procedure does not mean in and of itself that medical malpractice has occurred. However, a bad result due to a doctor's mistake or negligence is medical malpractice.


If the malpractice rises to the level of death, this is generally the decedent’s spouse,  children of the decedent under the age of 25 years, or parents, if the decedent is under 25.  The survivors can generally sue for economic damages, like lost support and services, as well as for pain and suffering When doctors, nurses and hospital make serious mistakes, patients have the right to hold them legally and financially responsible.

Unfortunately, when a single individual with no children is killed by medical malpractice, no matter how egregious, a claim for the pain and suffering they incurred would generally be disallowed.  This is often the case when the victim of a medical error is elderly, as they typically don’t have minor children, and frequently are either divorced or widowed.  A call for legislative change is needed to correct this disgrace

There are many types of serious medical malpractice claims, if you think you have been seriously or permanently injured or disabled as a result of  medical malpractice, call me Robert Gibson, I am a doctor and a lawyer at 1-800-4LAWDOC.  The consultation is free, and if we take your case, we will take it on a contingency fee basis. Which means no out of pocket expenses to you. Unfortunately, because medical malpractice claims are very difficult, and expensive to litigate, we can’t take every case. We limit the cases we accept to those with on- going serious or permanent injuries as a result of the malpractice. Call me to discuss your case.


Use the link below to access the Department of Health Website to learn if your doctor has a disciplinary record before undergoing a medical procedure.   

Click Here: Department of Health Website

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9408 Arlington Expressway
Jacksonville, Florida 32225
Local: (904) 723-0001
Toll Free: 1-800-4 LAW DOC
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