New Smyrna Beach, Florida

New Smyrna Beach Medical Malpractice Lawyer

Medical Malpractice Lawyer in New Smyrna Beach, Florida

Medical Malpractice in New Smyrna Beach, Florida

We understand the importance of justice and accountability in the field of healthcare and our mission involves ultimately improving the quality of care where we practice. If you or a loved one have experienced harm or the death of a loved one due to medical negligence or error, you have come to the right place. Contact me directly, today, to start a conversation.

Throughout our lives, we often find ourselves putting our trust in, or entrust our loved ones, to hospitals, doctors, nurses and other healthcare providers. When your health or the health of a loved one is at stake, there is simply no room for a preventable error. How often do preventable medical errors really happen? What reasonable measures were available to help you or a loved one? What would other reasonable healthcare providers have done under the same or similar circumstances?

Preventable medical errors too-often end with tragic results. Recent studies show that between 250,000 to 440,000 deaths a year are caused by preventable medical errors in hospitals. According to a 2016 study by researchers at Johns Hopkins University and published in the British Medical Journal, deaths caused by medical errors are now believed to be the third leading cause of death in the United States, above stroke, Alzheimer’s disease, respiratory disease, and accidents, and second only to heart disease and cancer.

Authors of an earlier study in the Journal of Patient Safety called the alarming number of preventable deaths in hospital “… an epidemic of patient harm…”.

Learn more through the below links:

Any doctor, nurse, or hospital employee can be held accountable for medical malpractice. Medical malpractice and medical negligence are synonymous – they mean the same thing. Simple examples of hospital negligence occur when the hospital staff may be overworked, if the organization is attempting to cut hours and save money; if the hospital isn’t effectively allocating its recruiting budget to fill in needful staffing positions to save more money; if its agents or employees of the hospital are held negligent; if the hospital failed to adopt or enforce safer policies and procedures for the practice of medicine in its facilities which led to preventable harm or death of a patient; or if the hospital doctors, nurses or staff failed to act appropriately and/or in a timely manner that led to harm or death of a patient.

I am dedicated to serve victims of medical negligence and their families. I am up-to-date and well-versed in the many specific, and often complex, nuances of the various medical malpractice laws and schematics in Florida and Kentucky, and the medical-legal issues that surround the many various types of medical negligence cases facing patients and the communities we live in.

Medical malpractice is a complex and sensitive area of law that addresses situations where healthcare professionals or institutions fail to meet the expected standard of care, resulting in harm or injury to patients. These cases can encompass a wide range of issues, including failure to timely diagnose or treat, failure to diagnose or treat, misdiagnosis, surgical errors, lack of informed consent, medication mistakes, hospital system failures, and more.

At Adam Clark Law, we believe that everyone deserves access to quality healthcare, and when that trust and reasonable standard is broken, we are here to fight for your rights and the honor or memory of a loved one. We work tirelessly to hold negligent parties accountable for their actions.

We recognize that medical malpractice cases not only have a significant impact on the individual affected, but also on their families. We are committed to providing compassionate and personalized legal representation, ensuring that your voice is heard, and your concerns are addressed throughout the legal process for your medical malpractice case.

It is my passion for this area of law is grounded in an appreciation and respect for the healthcare industry, and in a desire to obtain justice on behalf of those who have been injured and/or killed by negligent and reckless healthcare providers. Our legal actions are meant to not only pursue full, fair and optimal justice for you and your loved ones, but also ultimately serve to SAVE LIVES, which would not be put into motion without your willingness and courage to bring to attention your claim against the negligent parties.

If you believe you or a loved one may have been a victim of medical malpractice, we encourage you to reach out to our team for a confidential consultation. Together, we can navigate the legal process, seek accountability, and work towards obtaining the justice you deserve.

Medical Malpractice in New Smyrna Beach

For most families in Southeast Volusia, medical care begins at AdventHealth New Smyrna Beach — the hospital on Palmetto Street that longtime residents still call Bert Fish. Its emergency department handles the community’s urgent moments, its inpatient floors and surgical suites handle much of the rest, and the most complex or traumatic cases are transferred north to the larger hospitals in Daytona Beach. Around that hub sits a wider network of care: urgent care clinics along the Dixie Freeway, imaging and surgery centers, physician practices, and the nursing and rehabilitation facilities serving Edgewater, Oak Hill, and Port Orange.

Malpractice can enter at any point in that chain. A chest pain dismissed in triage. A fracture or a tumor missed on imaging. A medication error on the floor. A discharge that came a day too soon, or a transfer that came an hour too late. When the harm is real and the care fell below what Florida law requires, the patient — not the institution — deserves an advocate whose only loyalty is to them.

That is a role we come to with unusual preparation. Before founding this firm, Adam Clark defended hospital systems and physician groups, which means the strategies the defense will deploy against your claim are strategies he once ran himself. We use that vantage point at every stage: reading the chart the way their reviewers will read it, framing the expert work they cannot easily rebut, and valuing the case with full knowledge of how the other side calculates risk.

Geography matters in these cases too. If a New Smyrna Beach patient’s treatment moves into Halifax Health’s system in Daytona Beach, the claim collides with Florida’s sovereign-immunity law, because Halifax is a public hospital district with its own notice rules and recovery limits. And every Florida malpractice claim, public or private, must clear the chapter 766 presuit gauntlet — a corroborating expert opinion, formal notices of intent, and a statutory investigation period — before a lawsuit can even be filed. We manage that entire process from our Canal Street office, and when suit becomes necessary we file in the Circuit Court for Volusia County within Florida’s Seventh Judicial Circuit.

If you believe something went wrong in your care or a loved one’s — here in town, or anywhere in Volusia County — reach out. The conversation is confidential, the consultation is free, and you will speak with the attorney himself.

Adam Clark, Esq., founder and managing attorney of Adam Clark Law, PLLC

Meet the Attorney Handling Your Case

Adam Clark, Esq., is the founder and managing attorney of Adam Clark Law, PLLC — a trial lawyer who represents injured individuals and families in catastrophic personal injury and wrongful death cases throughout Florida and Kentucky, admitted to practice law in both states.

How I Optimize Justice

Client-Centric, Transparent Attorney-Client Relationship under Confidential Protections

  1. Proprietary App

    We have developed an iOS and Android App that allows you to track your case in real time.

  2. Digital Signatures

    You can sign documents directly from your phone. No need to fumble with email attachments or the post office.

  3. Location Near You

    Having locations near you allows me to better serve you face-to-face during this stressful period.

Areas Served

Out of the New Smyrna Beach office, we serve the following areas for Medical Malpractice:

Frequently asked questions

Your Questions Answered: Guidance on Medical Malpractice

Do you handle cases involving AdventHealth New Smyrna Beach?
Yes. Our Canal Street office is a short distance from the Palmetto Street hospital, and claims arising from its emergency department, inpatient units, and affiliated outpatient practices are exactly the kind of work we do. AdventHealth is a private, nonprofit system, so — unlike claims against Halifax Health, the public hospital system based in Daytona Beach — these cases do not carry sovereign-immunity restrictions, though they still must satisfy every requirement of Florida's medical malpractice presuit law.
What if I was transferred from New Smyrna Beach to a Daytona Beach hospital?
Transfers are common here — serious trauma and complex conditions are routinely sent to the larger Daytona Beach hospitals, including the region's trauma center. Negligence can occur at either end of that journey, or in the handoff itself, so we examine the records from every facility involved. And because Halifax Health is a public entity under Florida law, any claim that touches its system raises sovereign-immunity procedures we account for from the very first step.
What has to happen before a malpractice suit can be filed in Florida?
Chapter 766 of the Florida Statutes imposes a mandatory presuit process. We obtain and analyze the complete medical records, retain a qualified expert in the relevant specialty, and secure a written opinion corroborating that the standard of care was violated. Only then can we serve a notice of intent on each prospective defendant, which opens a statutory investigation period before a complaint may be filed. Missteps in this sequence can doom a meritorious claim, which is why it should never be attempted without counsel.
How much time do I have to act?
Florida's malpractice deadlines are among the least forgiving in personal injury law. The general rule gives you two years from when the negligence was, or should have been, discovered, and a separate statute of repose typically extinguishes claims four years after the care itself, subject to narrow exceptions involving concealment and young children. Since the mandatory presuit investigation consumes months of that window, the safest move is to call while the events are still fresh.
Where will a New Smyrna Beach malpractice case be litigated?
In the Circuit Court for Volusia County, which sits within Florida's Seventh Judicial Circuit and hears civil cases at the courthouse in DeLand. We prepare every case as though the judges and jurors of this county will decide it — because they may.
What does hiring you cost?
Our medical negligence work is strictly contingency-based. The initial consultation costs nothing, we front the work of building the case, and no attorney's fee is owed unless money is recovered for you.
Why is defense-side experience worth anything to me?
Because malpractice cases are won by anticipating the defense. Adam Clark spent years representing hospital systems, physician groups, and individual providers before dedicating his practice to injured patients, so he has seen from the inside how these institutions review charts, prepare witnesses, and value claims. When we build your case in New Smyrna Beach, we build it against the playbook he used to run.

Results

My goal is to optimize justice for my clients and provide accountability, improve the standard of care, and promote safer practices to the defendants and defense insurance companies.

$5.375 Million

Medical Malpractice, Medical Device Product Liability

Settlement · 2022

$2.05 Million

Automobile Crash

Settlement · 2026

$1.3 Million

Automobile Crash

Verdict · 2021

AmountDate
$5.375 Million
Type
Settlement
Areas
Medical Malpractice, Medical Device Product Liability
2022
$2.05 Million
Type
Settlement
Areas
Automobile Crash
2026
$1.3 Million
Type
Verdict
Areas
Automobile Crash
2021
$1.2 Million
Type
Settlement
Areas
Automobile Crash
2025
$1.15 Million
Type
Settlement
Areas
Negligence
2025
$1 Million
Type
Settlement
Areas
Automobile Crash
2026
$1 Million
Type
Settlement
Areas
Premises Liability
2021
$807,000
Type
Award
Areas
1st Party Property, Hurricane Damage
2024
$800,000
Type
Settlement
Areas
Premises Liability
2021
$600,000
Type
Settlement
Areas
Medical Malpractice
2025
$476,000
Type
Award
Areas
1st Party Property, Hurricane Damage
2024
$400,000
Type
Settlement
Areas
Automobile Crash
2025
$400,000
Type
Settlement
Areas
1st Party Property, Hurricane Damage
2025
$380,000
Type
Settlement
Areas
Premises Liability
2023
$375,000
Type
Settlement
Areas
Premises Liability
2021
$310,000
Type
Settlement
Areas
Automobile Negligence
2025
$300,000
Type
Settlement
Areas
Automobile Crash
2024
$250,000
Type
Settlement
Areas
Automobile Crash
2024
$250,000
Type
Settlement
Areas
Automobile Crash
2022
$225,000
Type
Settlement
Areas
Premises Liability
2021
$215,000
Type
Settlement
Areas
Automobile Crash
2025
$200,000
Type
Settlement
Areas
Automobile Negligence
2025
$200,000
Type
Settlement
Areas
Automobile Crash
2025
$200,000
Type
Settlement
Areas
Negligence
2025
$200,000
Type
Settlement
Areas
Automobile Crash
2022
$197,500
Type
Settlement
Areas
Automobile Crash
2024
$175,000
Type
Settlement
Areas
Premises Liability
2023
$161,000
Type
Settlement
Areas
1st Party Property, Hurricane Damage
2024
$160,000
Type
Settlement
Areas
1st Party Property, Hurricane Damage
2024
$150,000
Type
Settlement
Areas
Automobile Crash
2024
$100,000
Type
Settlement
Areas
Automobile Crash
2024
$100,000
Type
Settlement
Areas
Automobile Crash
2024
$100,000
Type
Settlement
Areas
Automobile Crash
2024
$100,000
Type
Settlement
Areas
Automobile Crash
2023
$100,000
Type
Settlement
Areas
Automobile Crash
2023
$100,000
Type
Settlement
Areas
Motorcycle Crash
2021
$100,000
Type
Settlement
Areas
Automobile Crash
2021

Each case is unique. Past results do not guarantee or predict a similar outcome in any future case.

Let’s Get Started

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