Medical Malpractice Attorney Tampa

What is Medical Malpractice

Medical malpractice occurs when a doctor, nurse, hospital, emergency room, radiologist or any type of healthcare provider negligently causes an injury. In order to prove negligence, a plaintiff is required to provide expert testimony to show the medical provider deviated from the appropriate standard of care. The standard of care is different for different types of medical specialties.

For example, a cardiologist is held to a different standard for the diagnosis and treatment of conditions of the heart, than a dermatologist would be held to, and vice versa. Medical malpractice claims are some of the most complicated claims, both legally and medially. You need an experienced lawyer who is familiar with the complexities of Chapter 766, Florida Statutes and a firm with the experience, education, training, and financial wherewithal to pursue your case to conclusion.

1. Negligent failure to timely diagnose a disease or condition.
2. Negligent failure to timely treat a disease or condition.
3. Negligent failure of ER to order appropriate consultations, testing and/or negligently discharging a patient form the ER.
4. Negligent failure to properly read diagnostic films (MRIs, CTs, X-Rays, etc.).
5. Injuries and/or death from negligently performed surgery.
6. Injuries and/or death from negligently administered anesthesia.
7. Negligent misreading or misinterpreting lab results, leading to untimely and/or incorrect treatment.
8. Negligent prescribing incorrect medication or administering the wrong dose, causing adverse effects.
9. Negligent follow-up or aftercare following a medical procedure, appointment or surgery leading to complications.
10. Negligently performing the incorrect and/or unnecessary surgery that does not address the patient’s condition.
11. Negligent failure to provide informed consent to a patient about the risks, benefits, alternative treatments and/or therapy that results in injury.

According to Florida Statutes § 766.102 You need to…

• Prove that the medical professional was negligent and breached the standard of care. This means that the medical professional did not act in the same way or provide the same level of care that a similarly situated medical professional would provide under the same circumstances.
• Proving negligence alone isn’t sufficient. You also need to demonstrate that your injury was directly caused by the medical professional’s negligence and wasn’t the expected outcome. This is done with expert testimony from a licensed specialist in the same field as the defendant, who thoroughly reviews the victim’s medical records, before rendering an opinion.
• Prove that the injury resulted in specific damages: Damages can include wrongful death damages on behalf of an estate, or can be the past and future economic damages (medical expenses, lost wages, economic losses related to the injury as well as past and future non-economic damages like physical pain and suffering, or in the case of a wrongful death, the loss of parental or spousal support and services, consortium, etc.

How long do I have to file a medical malpractice claim?

Typically, the statute of limitations for a medical malpractice case is two years from the time the incident is “discovered,” or “should have been discovered,” but in no event shall it be later than 4 years from the date of the incident or occurrence. Unlike auto accident cases, medical malpractice claims in Florida do not adhere to a strict 2-year statute of limitations from the date of negligence. This is because injuries from medical malpractice may not be discovered until months after the surgery or treatment in question, hence the use of the “discovered” language. Because of this language, the statute of limitations strictly runs at 4 years. However, this 4-year period does NOT bar claims brought on behalf of minors on or before the child’s 18th birthday (Fla. Stat. Ann. § 95.11.).

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