Medical Malpractice Lawyers in Tampa, FL
Unfortunately, healthcare providers make avoidable errors in 3% to 15% of all medical procedures. Any medical error by the healthcare provider can have devastating consequences for the patient and their families. While nothing can undo what happened, victims have the right to seek compensation for their suffering and to hold the at-fault party accountable for their actions, potentially preventing others from experiencing the same harm.
If you or your loved one have been a victim of medical malpractice in Tampa, FL, allow us at Amanda Demanda Injury Lawyers to fight for your rights and get you justice for your suffering. Our medical malpractice lawyers in Tampa have experience in all types of medical malpractice cases and can use their legal expertise to help you navigate the complexities of your claim.
What is Medical Malpractice?
Medical malpractice refers to the healthcare provider’s failure to provide care that meets accepted standards, resulting in harm to the patient. The healthcare provider can be a nurse, doctor, hospital, or other types of medical professional. In Florida, the accepted standard of care is the level of care or treatment that is widely recognized as acceptable and appropriate by similar healthcare providers.
Certain risks are inherent in medical practice, and patients should be informed of these risks beforehand. According to Florida law, the injury sustained as a result of medical malpractice must be beyond the expected risks and must be directly caused by the healthcare provider’s wrongdoing or negligence. In other words, a medical malpractice case can only be established if it can be proven that the healthcare provider deviated from what is considered an accepted standard of care.
Common Examples of Medical Malpractice
Florida ranks 4th in the country for the highest number of medical malpractice cases. This makes it even more vital for Florida residents to understand the various forms of medical malpractice so they are well-informed about their rights. If they happen to be victims, they make more informed decisions about pursuing legal action.
Surgical Errors
An estimated 4000 surgical errors are made in the US every year. These include damage to the healthy body part during the procedure, leaving surgical instruments in the body, and wrong-site surgery. The surgical errors could result from the healthcare provider’s inexperience or incompetence or from an overworked or distracted surgeon.
Misdiagnosis or Delayed Diagnosis
Misdiagnosis or delayed Diagnosis is when a healthcare provider fails to identify a condition or diagnose it in a timely manner. This type of medical malpractice can have severe consequences for the victims, as not getting medical treatment or delay in getting treatment for a harmful condition can lead to the progression of the illness. This can result in reduced chances of recovery and, in some cases, can even lead to wrongful death.
Medication Errors
Medication plays a crucial role in healthcare. Any errors while prescribing or administering medicine can have serious consequences. Common examples of medication errors include administering the wrong medication, incorrect dosage, or failure to account for drug interactions.
Birth Injuries
Any harm caused to the newborn due to improper use of delivery instruments or procedures can be considered medical malpractice. In some cases, birth injuries are not immediately apparent and can take days, weeks, or even months to become evident. Birth injuries can lead to a wide range of issues, including some that can have long-term impacts on the mental and physical development of the child.
Anesthesia Errors
Anesthesiologists are among the highest-paid healthcare providers in the country. Their job is to select the right anesthetic agent and administer the correct dosage of anesthesia. Any errors can lead to allergic reactions, respiratory issues, prolonged recovery, or other complications with the medical procedure.
Infections
When you get a medical procedure at the hospital, you expect the staff to take all reasonable precautions to prevent infection. This includes sterilization, proper wound care, and following other protocols for infection control. If diseases are not prevented or controlled, they can result in severe complications for the patient.
Medical Malpractice Statute of Limitations in Tampa, FL
The statute of limitations for medical malpractice defines the maximum time limit a patient has to file a lawsuit. According to Florida laws, the statute of limitations for medical cases is set at two years from the date the patient discovers or should have reasonably discovered the injury. If this deadline is missed, the patient may lose the right to file a lawsuit for medical malpractice.
There are a few scenarios where the statute of limitations can be extended. For example, if the patient discovers the injury after two years, the statute of limitations can be extended to two years from the date of discovery. The time frame can also be extended for cases involving a minor patient or when the healthcare provider fraudulently conceals the injury.
Proving a Medical Malpractice Claim
Compared to other personal injury claims, medical malpractice cases are known to be significantly more challenging. One key reason for this is the difficulty of establishing liability. The victim has to prove beyond any reasonable doubt that the healthcare provider deviated from accepted standards and that this directly caused them to suffer.
Establishing liability in medical malpractice cases requires a clear understanding of the legal standards and the use of evidence that supports the claims. The first aspect of proving medical malpractice is to establish a doctor-patient relationship. When a healthcare provider agrees to treat a patient, it confirms the duty of care they owe to that patient.
The second element is to demonstrate a breach of that duty of care. This part of the case is often the most challenging as you would have to prove that the actions or inactions of the healthcare provider fell below the standard of care expected from a reasonably competent medical professional. This step of the process is also the most technical and often requires expert testimony and other types of analysis to determine how the care deviates from what is accepted.
Once the breach of duty of care has been installed, the next step is to prove causation, where you prove that the breach of duty directly resulted in the injury or illness. The defendant could use multiple defenses in an attempt to prove their actions did not cause the injury. For example, they can argue the injury was a pre-existing condition or that the patient was informed of the risks.
What Makes Medical Malpractice Claims So Challenging?
Proving medical malpractice is challenging due to several factors, including the complex medical evidence involved in such cases. A deep understanding of medical procedures and standards is required to understand and prove medical malpractice.
Another common reason that makes such cases notoriously challenging is jury perception. Most jurors tend to sympathize with medical providers, as there is a natural inclination to trust doctors, nurses, and other healthcare professionals. This bias can lead the jurors to believe that a negative healthcare outcome may not be the fault of the negligent healthcare provider. The jurors may also struggle to understand the potentially complex concepts in the case and may give the healthcare provider the benefit of the doubt.
Medical malpractice cases are also challenging because it can be difficult to access and obtain medical records, which are essential for building a solid case. The records can be poorly maintained or incomplete. In some cases, healthcare providers may resist providing records that could hurt their case.
An experienced medical malpractice attorney knows how to handle such challenges. They can use their legal expertise in medical malpractice cases to build a compelling case and advocate effectively for the victims.
Steps To Take If You Suspect Medical Malpractice
If you suspect that you have been a victim of medical malpractice, you should seek immediate medical attention. If you do receive medical care, you should document everything, as you may need to use it as evidence. This includes any medical bills or records. The following essential step is to consult with a medical malpractice attorney who can assess your case and guide you to your best legal options for a successful medical malpractice claim. Ideally, you want to involve the attorney early in the process so they can have maximum impact on the outcome of the case.
Legal Process for Medical Malpractice Claims
The legal process for a medical malpractice claim typically begins with a patient consulting with a medical malpractice attorney, who assesses whether the case has sufficient legal grounds to proceed. The attorney would base their assessment on the medical records, expert opinions, and other types of evidence. Once the viability of the claim has been established, the attorney can initiate legal action by filing a complaint or lawsuit against the healthcare provider.
This is followed by the discovery phase, where both parties are given an opportunity to exchange information, gather evidence, and engage in settlement discussions. If the case cannot be settled out of court, it proceeds to a trial, where the lawyers from both parties present their arguments and evidence before a judge or jury. After deliberation on the matter, a verdict is rendered. If the verdict is in favor of the plaintiff, they are awarded damages. If the decision goes against them, they do have the option of appealing against the verdict. To learn more about the legal process, please get in touch with our Tampa medical malpractice lawyer.
What Types of Damages Are Available in Medical Malpractice Cases?
You can claim various types of damages, including your medical malpractice case; however, you will have to prove that the healthcare provider’s medical negligence or wrongdoing directly caused your injuries. In addition, you may have to submit receipts for your expenses to verify the amount of damages.
The most commonly claimed damages in personal injury claims, such as medical malpractice cases, include economic expenses such as medical bills and lost income. These medical bills can consist of the cost of hospital stays, surgery, medication, and other forms of medical care needed to address the injury. You may also claim loss of earning potential if the injury has made you unable to work at your previous capacity or has prevented you from working altogether.
You may also seek compensation for the non-financial impacts of the medical malpractice. This includes emotional trauma, mental distress, anxiety, loss of enjoyment of life, loss of consortium, and other intangible losses.
Punitive damages can also be awarded in cases where the healthcare provider’s actions or inactions were particularly malicious or intentional.
Why Choose Amanda Demanda Injury Lawyers?
When it comes to medical malpractice cases, choosing the right lawyer can have a significant impact on the outcome of your case. At Amanda Demanda Injury Lawyers, we are proud to have a proven track record of success in helping victims of medical malpractice get justice.
Our medical malpractice attorneys have a deep understanding of medical malpractice law, including the medical standards of care and the nuances of healthcare regulations. Our attorneys have the legal expertise and technical knowledge to handle all types of medical malpractice cases. We also have access to specialized resources, such as subject matter experts, that can provide expert testimony to support your medical malpractice claims.
Another aspect that sets us apart from other attorneys in Tampa, FL, is our client-centered approach. Every client at Amanda Demanda Injury Lawyers gets dedicated attention, allowing us to address their specific needs. While we guide our clients on the best legal course of action, we ensure their feedback is incorporated into every step of the process. Our approach empowers our clients to feel supported and well-informed about the progress of their cases.
If you would like to consult with one of our Personal injury lawyers in Tampa at Amanda Demanda Injury Lawyers, please call us to schedule an initial consultation. We look forward to hearing from you and helping you fight for your rights.
Abogados para Latinos - At Amanda Demanda Injury Lawyers, we understand the importance of having legal representation that speaks your language and understands your culture. That’s why we have a dedicated team of native Spanish-speaking attorneys and staff who are ready to assist you. We are proud to serve Miami's vibrant Hispanic community, offering compassionate and culturally sensitive legal services in both English and Spanish. Whether you're more comfortable speaking Spanish or simply want a Spanish-fluent lawyer who understands the unique challenges faced by Latinos, our team is here to provide you with the support and expertise you need to navigate the legal system with confidence.
