Medical Malpractice
Expert Medical Malpractice Lawyer
When a patient receives negligent medical care, the result can be devastating. At Travieso McLeod, P.A., our experienced medical malpractice lawyers provide expert legal representation for victims of medical negligence. If you or a loved one has experienced harm, prompt action is essential. Located in Ponte Vedra, FL, our firm is known for our expertise in complex cases. Contact us at (904) 204-3013 or request a free consultation.
Was My Injury Caused by Medical Malpractice?
It can be difficult to determine if an injury was caused by medical malpractice. It’s common for doctors or hospitals to pass off bad medical outcomes as “the unavoidable risk of surgery,” a “known complication” of a medical treatment, or the possible side effects of a prescription drug.
You need a compassionate advocate on your side who understands the system. Robert Travieso and Robert “Mac” McLeod are knowledgeable medical liability attorneys with decades of experience. If you’ve suffered harm from doctors, nurses, pharmacists, chiropractors, or other health care providers, we stand ready to act on your behalf. We specialize in the following areas.
Our Areas of Expertise
Birth Injuries
Advocacy for families facing injuries to infants or mothers resulting from negligent prenatal care, labor, or delivery.
Medical Negligence
Representation in cases where a healthcare professional’s failure to meet accepted standards causes preventable harm.
Prescription Errors
Legal assistance for injuries stemming from incorrect medications, dosages, or prescription instructions.
Diagnostic Errors
Representing those harmed by a health care provider’s misdiagnosis or failure to diagnose a treatable medical condition.
Surgical & Post-Surgical Error
Guidance for individuals harmed by mistakes during surgery or complications from inadequate post-operative care.
Gastrointestinal Injuries
Handling cases involving injuries to the digestive tract due to procedural errors or misdiagnosis.
Nursing Home Negligence
Upholding the rights of residents who suffer neglect, abuse, or substandard care within a long-term care facility.
Dental Malpractice
Supporting clients who experience harm through improper dental procedures, delayed diagnoses, or mismanagement.
Defective Medical Products
Pursuing claims on behalf of those injured by faulty medical devices, implants, or other healthcare products.
Other Medical Malpractice Cases
Beyond our focus on prescription error, our firm provides expert legal counsel for other serious matters, including:
Anesthesia Error
Our attorneys have extensive experience representing clients who have suffered harm due to anesthesia mistakes, including incorrect dosage, improper monitoring, or adverse reactions. We work to hold accountable those responsible for anesthesia errors that result in severe or permanent injury.
Diagnostic Errors
Diagnostic errors can delay critical treatment and cause lasting harm. Our team is skilled in cases involving misdiagnosis, delayed diagnosis, or failure to diagnose serious medical conditions, ensuring victims receive the advocacy and compensation they deserve.
Incorrect Treatment
Receiving the wrong treatment can have life-altering consequences. We represent individuals affected by inappropriate, unnecessary, or insufficient medical interventions. We work diligently to hold responsible healthcare providers accountable.
Premature Discharge
Premature discharge from a medical facility can put patients at risk for complications or further injury. Our firm assists clients whose health was compromised due to being released before they were medically stable, providing informed legal guidance through complex claims.
Unnecessary Surgery
Unnecessary surgical procedures expose patients to avoidable risks, including infection and long-term disability. Our lawyers are well-versed in holding health care professionals accountable for recommending or performing surgeries that were not medically justified.
Our Process: Your Path to Justice
We understand that reaching out to a law firm can feel intimidating, especially when you are dealing with a stressful or painful situation. Our goal is to make the process as straightforward and comfortable for you as possible. We do that through consistent transparency with you and by taking the heavy lifting out of your hands.
Here is what you can expect when you contact Travieso McLeod to discuss your personal situation.
1. The Initial Conversation: Sharing Your Story
During your first free consultation, we will listen carefully as you explain what happened. We’ll ask specific questions to get the full picture, including details about your medical treatment, how your life has been affected, and the healthcare providers involved. This meeting is your opportunity to ask us questions, too, so you can feel confident and comfortable with our team.
Note – in most cases, personal injury, medical malpractice, and wrongful death lawsuits must be filed within two years of the date of the incident or malpractice. Contacting a lawyer as soon as possible is critical to ensure your rights are protected within Florida’s strict deadlines.
2. The Case Evaluation: Building A Path Forward
After our conversation, our new case review committee will meet and discuss the case. We will consider whether we have a reasonable expectation of being able to prove that someone’s negligence caused you harm and whether the harms are something a jury will adequately compensate if the case were to proceed to trial.
3. The Investigation: Leaving No Stone Unturned
If our case review committee determines that a viable claim may exist, our team will conduct a thorough investigation to see if your case meets Florida’s strict legal standards for recovery. We will gather all necessary records, bills, and other documents. If the records provide further evidence of a legitimate claim, we will then consult with appropriate experts. This process is vital to building a strong foundation for your claim.
4. Settlement Discussions or Filing A Lawsuit
If our investigation shows that you have a strong case, we will begin the pre-suit process. In medical malpractice cases, that means we will initiate the legally required notice period with the defense. In other cases, we may engage in negotiations with the defendant and their insurance company.
In medical malpractice cases, most do not settle during the pre-suit stage, and a lawsuit is required. While many personal injury cases are settled during this phase, a lawsuit may be filed if a fair settlement cannot be reached.
We work on a contingency fee basis, meaning you will not pay upfront and will pay only if there is a positive recovery on your case.
5. The Discovery Process
Once a lawsuit is filed, both sides will exchange information, take depositions, and gather evidence. This is often the most time-consuming part of a case and is where we continue to build our evidence against the at-fault parties. The Court will require the parties to attend mediation. Some cases settle at mediation, but we will only recommend settlement if the recovery provides you adequate compensation. This is very case-specific, so please call us for a free consultation if you would like to discuss further.
6. Trial
If a settlement is not reached during the discovery phase, the case proceeds to trial. The trial itself can last anywhere from one to three weeks or longer, depending on the complexity of the case. Although most cases settle before trial, we will be prepared to try the case. It’s the best way to maximize your recovery because defendants and insurance companies understand the risk they face at trial.
7. Continuous Support: Keeping You Informed
We understand that the legal process can be long and challenging. From your first call to the resolution of your case, our team is committed to keeping you informed every step of the way. We will provide you with regular updates and explain what to expect next, always advocating for the best possible outcome.
Why Choose Us
- Our expertise is backed by a Florida Board Certified Civil Trial Lawyer, ensuring top-tier representation.
- We’re a boutique-style, self-funded law firm that values personal connections—our clients know us, and we know them.
- Honesty and empathy are at the heart of what we do. If there’s no case, we’ll tell you upfront.
- With unmatched settlement and trial preparation, we’re dedicated to maximizing your recovery.
- We’re passionate advocates for civil justice, standing up for everyday victims of negligence.
For more information, see our Who We Are, Glossary, and Video Library pages.
Proven Case Results
Our track record demonstrates our commitment to securing substantial recoveries for our clients. While every case is unique, we consistently achieve significant settlements and verdicts that provide families with the financial security to manage lifelong care and challenges.
After over 8 hours in the E.R., a fifty-two year old diabetic wife and mother was incorrectly diagnosed causing a heart attack to evolve and fatally dagage her heart. An accurate, earlier diagnosis would have saved her life. She went to the hopsital complaining of chest pain and left arm numbness.
Newman vs. Brown: Flagler County woman complaining of a suspicious lump in breast to her gynecologist for over a year is not provided a timely, appropriate test. Therefore, the breast cancer increased from approximately 1 mm in size to baseball-sized tumor requiring removal of entire breast.
Frequently Asked Questions
What is medical malpractice ?
Medical malpractice is often defined as negligence by a medical professional. However, negligence or a medical mistake alone does not always establish a successful medical malpractice claim.
Medical negligence requires a medical professional’s breach of the medical standard of care resulting in injury or harm to a patient. The standard of care for medical professionals differs from the general standard of care of a reasonable person in that it analyzes the situation according to a similarly trained and experienced medical professional under similar circumstances.
When can I sue a doctor or another medical professional in Florida for an injury ?
The first requirement for suing a doctor or other medical professional is that a doctor/patient relationship existed between you and the medical professional when the harm occurred. Additionally, the medical professional’s negligence must be causally connected to your injury or harm.
Secondly, recent legislative changes have shortened Florida’s statute of limitations for medical malpractice claims. Generally, you must file within two years of discovering, or reasonably should have discovered, that the injury was due to medical negligence. Time is critical, so we recommend contacting our firm’s malpractice legal attorneys as soon as possible.
When can I sue a hospital or another medical facility in Florida for an injury ?
A hospital or other medical establishment can be sued for a patient’s injury under certain circumstances. The main question is whether the negligent doctor or other medical professional was an employee of the hospital or other medical establishment at the time of the negligence and injury.
In some cases, hospitals may purposely make it difficult to determine if a doctor is an employee of a hospital to avoid liability. An additional question is whether the doctor or other medical professional was acting under the scope of their job-related duties when the negligence occurred.
What are the most common types of Florida medical malpractice claims ?
Unfortunately, there are many forms of medical malpractice that could lead to significant harm to a person and result in a lawsuit. Some of the most common forms of medical malpractice include:
- Anesthesia errors
- Delayed diagnosis
- Diagnostic errors
- Dosage errors
- Misdiagnosis
- Medication errors
- Surgical errors
- Leaving medical equipment inside a patient
- Inadequate aftercare
- Incorrect treatment
- Failure to adequately monitor a patient
- Failure to prevent infection
- Failure to order proper tests
- Failure to stop bleeding
- Premature discharge
- Unnecessary surgery
- Wrong procedure performed
- Wrong medication administered
- Wrong-site surgery
Although a doctor might engage in one of the common forms of medical malpractice, such action does not always result in a malpractice claim, especially if no harm or injury results.
What is a medical malpractice case worth in Northeast Florida ?
It is important to understand that each medical malpractice case has a unique set of factual circumstances that determine the case’s value. A successful medical malpractice claim also requires significant evidence and testimony, which is often challenging without an experienced legal professional.
With that being said, some of the key factors that affect the value of a case include the severity of the doctor’s negligence, the significance of the injury and harm, and any negligence by the patient.
Do you need a medical malpractice attorney in Florida ?
Medical malpractice cases are incredibly difficult and require compliance with many additional state laws and court rules. As such, a medical malpractice attorney could make the difference in securing a favorable settlement or verdict.
A legal professional understands the evidence and testimony needed in a medical malpractice case. This could include requesting evidence from a hospital or securing a medical expert to assist in establishing a breach of the medical standard of care.
What do I need to pay to hire your firm ?
We handle cases on a contingency fee basis. You pay no upfront costs or legal fees; we invest all necessary resources. We only collect a fee if you receive a settlement or if we go to trial and win.
Additional Areas of Service
Beyond medical malpractice, Robert and Mac have extensive experience in other serious injury cases.
- Catastrophic Personal Injuries: We represent clients with severe, life-changing injuries, including traumatic brain injuries, spinal cord damage, and significant burns caused by another’s negligence.
- Wrongful Death Cases: Our attorneys deliver compassionate, effective representation for families seeking accountability and financial stability after the loss of a loved one due to negligence.
Take the First Step Toward Justice
If medical negligence has impacted you or someone you love, you deserve knowledgeable guidance and strong advocacy from malpractice legal attorneys. Located in Ponte Vedra, FL, Robert, Mac, and their teams serve the surrounding areas, including St. Augustine, Jacksonville, and Orange Park. Contact us at (904) 204-3013 or request a free consultation.