Tampa Medical Malpractice Attorney
What is Medical Malpractice in Florida?
Medical errors are the third leading cause of death in the United States, with 10% of all deaths blamed on preventable medical errors according to a 2016 analysis. Claims for medical malpractice apply to all types of doctors and specialists, as well as to nurses, physician assistants, hospitals, surgical centers, dentists, chiropractors, optometrists, pharmacists, and other health care professionals. There are many elements as to what constitutes a viable claim, which is why it is crucial for victims and their loved ones to reach out to a knowledgeable law firm and schedule a consultation with an experienced Tampa medical malpractice attorney.
How Does a Tampa Medical Malpractice Attorney Prove a Negligence Claim?
Medical malpractice has a specific legal definition. Medical malpractice requires:
- The medical professional to have an obligation to you: If the doctor provides you with treatment, they have this obligation.
- The provider to fail to fulfill his professional responsibilities: To determine if a caregiver failed to live up to the professional standard of care that is required, his conduct in caring for you is compared with what a reasonable caregiver with a similar background would have done. For example, the care a cardiologist provides is compared with what a reasonably competent cardiologist with a similar background would have done in the same situation.
- The failure to be the direct cause of your harm. The actions the caregiver took must have resulted in something going wrong for you. In other words, your condition must have worsened or you must have endured more pain or had a reduced chance of a cure.
- Proof that you were damaged: To prevail in a medical malpractice case, you must be able to prove that you suffered physical or financial damage as a result of the doctor's failures.
Your Tampa medical malpractice attorney can help you determine if you were victimized by a healthcare practitioner’s negligent actions. If you were, contact us for help with gathering the necessary evidence and finding experts to help you prove your entitlement to compensation.
Types of Medical Cases a Tampa Medical Malpractice Attorney Handles
The Tampa medical malpractice lawyers at Alley, Clark & Greiwe are Board-certified trial attorneys who aggressively litigate claims for serious injuries or death arising from many different types of malpractice including, but not limited to, the following types of cases:
- Misdiagnosis of a serious medical condition (heart attacks, blood clot, tumors)
- Surgical errors
- Brain and Spinal Cord Injuries
- Pregnancy and childbirth negligence (OB-GYN Negligence)
- Wrong Drug or Dosage Dispensed by a Pharmacy
- Hospital and Emergency Room Mistakes
- Pharmaceutical Injuries and Prescription Drug Errors
- Psychiatric/Mental Health Malpractice or Negligence
Delay or Failure to Timely Diagnose Cancer and Other Diseases
A Tampa medical malpractice attorney from our firm will tell you that physician's failure to diagnose is the most common allegation in medical malpractice lawsuits. Learning that you have incurable cancer or another serious disease is heartbreaking, but when the diagnosis could and should have been made months or years earlier, your available treatment options can be limited which is devastating. There are some diseases that are difficult to diagnose even if a doctor is acting within the routine standard of care, but doctors have a duty to recognize the signs and symptoms of certain common medical conditions.
Examples of medical malpractice lawsuits resulting from a physician's error, misdiagnosis, or failure to diagnose a medical condition include some of the following:
If you or a loved one suspect that you have been a victim of medical negligence due to a delayed diagnosis or medical error, please contact our office immediately for a free legal consultation.
Florida Law Requires Extensive Pre-Suit Investigation and Pre-Suit Notice Period
Florida law is very complicated and has extensive statutory requirements that must be followed before a lawsuit can be filed against a medical provider. For this reason, it is important you retain an experienced Tampa medical malpractice attorney. The pre-suit investigation period helps to determine which defendants are truly liable for negligence as health care providers. Florida law also requires a prospective plaintiff to submit a verified written medical expert affidavit which outlines how the standard of care was breached, in which manner the standard of care was breached, what injuries or damages resulted from the breach in care, and that there is justification for the plaintiff's claim for medical malpractice. The medical expert opinion must come from a health care provider who holds an active medical license in the same field as the prospective defendant.
Statutes of Limitations on Florida Medical Negligence Claims
There are strict laws in the State of Florida that limit how long a person can wait before filing a medical malpractice lawsuit. In Florida, the statute of limitations for filing a medical malpractice lawsuit is two years from the date the error or omission occurred. Exactly when a cause of action accrues can be a highly contested issue. If a lawsuit is not filed prior to the expiration of the statute of limitations period, then your right to sue will be forever lost. Florida law also has extensive pre-suit requirements before a lawsuit can be filed for medical malpractice, so it is very important that you not delay seeking the help of a Tampa medical malpractice attorney if you or a loved one has been seriously harmed by the negligent acts of a health care professional.
Do I Need to Retain a Tampa Medical Malpractice Attorney If I Want to File a Claim?
It is important to be represented by a malpractice lawyer if you have been hurt by a medical caregiver. Your attorney can negotiate on your behalf and advise you on settling so you don't accept an unfair settlement offer. Your lawyer can also help you ensure you file your claim within the required timeline, find the necessary experts to prove a doctor's care fell short, and collect other essential evidence to prove your claim. Making a case is difficult, and you need a Tampa medical malpractice attorney with strong legal knowledge to maximize the chance you'll be fully compensated for injuries caused by a negligent caregiver.
What Is My Case Florida Malpractice Claim Worth?
Every case is different, so there's no one simple answer to how much your case is worth. Factors such as the strength of your case, the nature of your injuries, your actual financial loss and whether you sue in court or settle out of court can all impact the amount of compensation you receive.
Our Tampa medical malpractice attorneys have successfully helped many victims recover the maximum in compensation and we have a long track record of recovering millions for injured victims harmed by malpractice. We can provide advice on the specifics of what your case is likely to be worth given the details of your injuries – and you should make certain to talk with our legal team before settling so you don't accept a settlement for less than your case is worth.
Contact an Experienced Tampa Medical Malpractice Attorney
If you believe that you or someone you love has been harmed in Florida, please contact an experienced Tampa medical malpractice attorney at the law firm of Alley, Clark & Greiwe. It is not always easy to decipher what is and what is not medical negligence. There is no charge for our legal consultation. Our attorneys are Board-certified trial attorneys and have been recognized by the legal community for their experience and knowledge in litigating claims for persons who have been victims of serious medical errors.