Medical malpractice can cause serious injuries and unexpected financial hardship. If you or a loved one was harmed due to medical negligence, a Tampa personal injury lawyer can help you take legal action.
Distasio Law Firm has been representing injury victims since 2006. If you were harmed because of a medical mistake, a Tampa medical malpractice lawyer can help you obtain financial compensation.
Why Hire a Tampa Medical Malpractice Attorney?
Florida medical malpractice cases often involve procedural requirements that differ from ordinary personal injury claims.
A medical malpractice lawyer in Tampa from Distasio Law Firm can help with your case by:
- Investigating the medical error: We can review medical records, treatment notes, test results, prescriptions, and other evidence to identify negligence.
- Consulting medical experts: We can consult qualified professionals who can determine whether your provider followed accepted medical practices and whether a mistake caused your injuries.
- Calculating your damages: We can calculate your medical expenses, lost wages, future treatment needs, and other damages and determine your claim’s overall value.
- Handling insurance negotiations: We can communicate with insurers and defense attorneys and pursue a settlement that reflects your losses.
- Taking your case to court: If a fair settlement can’t be reached, we can help you pursue a lawsuit.
For a free legal consultation with a Medical Malpractice Lawyer serving Tampa, call (813) 259 0022
How Much Does a Medical Malpractice Lawyer in Tampa Charge?
Many Tampa medical malpractice lawyers, including those at Distasio Law Firm, work on a contingency fee basis. This means that rather than charging you an upfront fee, your lawyer receives a predetermined percentage of your settlement or court award.
If you don’t win your case, you won’t owe us anything.
Tampa Medical Malpractice Lawyer Near Me (813) 259 0022
What Types of Damages Can You Pursue?
If medical negligence caused your injuries, you may be able to pursue compensation for both economic and non-economic losses, including:
- Medical expenses: You can pursue compensation for emergency treatment, corrective surgery, hospitalization, medication, rehabilitation, and other necessary healthcare services.
- Future medical costs: You can recover the cost of continuing treatment, assistive devices, home modifications, or long-term care related to your injuries.
- Lost wages: You can recover the income you lost while recovering from an injury or attending medical appointments.
- Reduced earning capacity: You may receive additional compensation if your injuries affect your ability to perform your previous job or earn the same income.
- Pain and suffering: You can pursue damages for physical pain, discomfort, and psychological harm caused by the malpractice.
- Loss of enjoyment of life: If your injuries prevent you from participating in activities you previously enjoyed, you may receive additional compensation.
- Wrongful death: If you lose a family member due to malpractice, you can pursue compensation for medical and funeral expenses, lost financial support, and other related losses.
- Punitive damages: In cases involving gross negligence or intentional misconduct, additional damages may be available.
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What is the Statute of Limitations for a Florida Medical Malpractice Claim?
According to Florida Statute § 95.11, the statute of limitations for Florida medical malpractice claims is generally two years from when you knew or should have known that malpractice occurred, but no more than four years from the date the negligence actually happened. If you don’t file your claim within this window, you will be barred from recovering damages.
This sounds like a lot of time, but it takes time to gather records and get them to a medical expert for review. If you or a loved one has been the victim of medical malpractice, call Distasio Law Firm right away so we can ensure that your case is brought within the statute of limitations.
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Who Can Be Held Liable for Medical Malpractice?
Several parties may be held legally responsible for medical malpractice, including:
- Doctors and surgeons: Physicians may be responsible for misdiagnoses, surgical mistakes, improper treatment decisions, or failures to recognize serious symptoms.
- Nurses and other medical staff: Nurses, physician assistants, and other professionals may be liable for medication errors, inadequate monitoring, or failures to communicate important changes in your condition.
- Hospitals: A hospital may be responsible for negligent care by its employees, inadequate staffing, or certain failures involving its own policies and procedures.
- Urgent care centers and surgical facilities: Facilities may be liable for negligent treatment, unsafe procedures, or failures involving the services they provide.
- Pharmacists and pharmacies: Medication-related malpractice may involve dispensing the wrong drug, providing an incorrect dosage, or failing to identify certain dangerous medication interactions.
- Other healthcare providers: Dentists, anesthesiologists, radiologists, and specialists may be liable if their negligence causes preventable harm.
A medical malpractice attorney in Tampa from Distasio Law Firm can investigate your case and identify who is responsible for your injuries.
How Do You Prove Medical Malpractice?
To prove a medical malpractice claim, you generally must show that a healthcare provider failed to meet the applicable standard of care and that the failure caused an injury. An unfavorable medical outcome alone does not constitute negligence.
A Tampa medical malpractice attorney from Distasio Law Firm can help gather the evidence needed to establish the following elements:
- Duty of care: The healthcare provider had a professional obligation to provide appropriate treatment or services.
- Breach of the standard of care: The provider failed to act as a reasonably prudent healthcare professional with similar training would have acted under comparable circumstances.
- Causation: The provider’s negligence caused or contributed to your injury.
- Damages: You suffered measurable losses, such as additional medical expenses, lost income, physical pain, or a lasting disability.
Common Examples of Medical Malpractice
The team at Distasio Law Firm has experience representing victims of all types of medical malpractice, including:
- Surgical errors
- Emergency room errors
- Anesthesia errors
- Failure to diagnose
- Failure to request necessary tests
- Failure to perform proper follow-up care
- Misdiagnosis
- Delayed diagnosis
- Dental malpractice
- Nursing home malpractice
- Birth injuries
- Brain injuries
- Wrongful death
Common Injuries Caused By Medical Malpractice
Medical malpractice can cause a variety of serious injuries, such as:
- Birth injuries: Improper prenatal care, delayed intervention during labor, or negligent delivery practices can cause injuries affecting a newborn or mother.
- Brain injuries: Oxygen deprivation, untreated infections, medication errors, or delayed emergency treatment can cause brain damage and cognitive impairment.
- Nerve damage: Surgical mistakes, improper injections, or failures during treatment may damage nerves and cause weakness, numbness, or chronic pain.
- Infections: Failures involving sterile techniques or infection monitoring can allow preventable infections to develop or worsen.
- Internal injuries: Surgical errors may damage organs, blood vessels, or surrounding tissue.
- Medication injuries: Incorrect prescriptions, dosage mistakes, and dangerous drug interactions can cause organ damage, severe reactions, or other complications.
- Delayed cancer diagnosis: Failure to recognize symptoms or follow up on abnormal test results may allow a disease to progress before treatment can begin.
- Permanent disability: Severe malpractice-related injuries may compromise a patient’s mobility, communication abilities, independence, or ability to work.
- Wrongful death: In some cases, negligent treatment can contribute to a patient’s death.
Why Choose Distasio Law Firm?
When it comes to medical malpractice cases, who you choose to represent you matters.
Here’s why clients choose Distasio Law Firm:
- Relevant experience: Scott Distasio has been handling personal injury cases for over 35 years. His experience investigating, negotiating, and settling these types of lawsuits can make a difference in your case.
- Trial readiness: Scott Distasio is a board-certified civil trial lawyer, meaning we are ready to take your case to trial and fight for you in court.
- Personalized representation: Our attorneys take the time to delve into each client’s case and develop a personalized strategy for them.
- Direct access: As one of our clients, you will have direct access to your lawyer throughout your case so you can make informed decisions.
- Results-based fee: We handle personal injury cases on a contingency fee basis, meaning you only pay us if you recover compensation.
What to Do if You Suspect Medical Malpractice in Tampa
If you believe you or one of your loved ones was harmed because a Tampa healthcare provider made a serious medical error, it’s critical to:
- Seek appropriate medical care: If you have new or worsening symptoms, obtain a medical evaluation promptly. If your symptoms are life-threatening, visit Tampa General Hospital, AdventHealth Tampa, or another local hospital.
- Request your medical records: Obtain copies of relevant treatment notes, test results, prescriptions, imaging studies, discharge instructions, and other records.
- Document what happened: Write down everything you remember about the sequence of events surrounding the suspected mistake, as well as any conversations you had with healthcare providers about it.
- Keep evidence of your losses: Save medical bills, pharmacy receipts, insurance statements, employment records, and documentation of missed work or other expenses related to your injury.
- Be cautious with insurance companies: Do not sign a release or accept a settlement before consulting an attorney.
- Speak to an attorney: A lawyer from Distasio Law Firm can review the circumstances of your injury, assess available evidence, and help determine whether you have a valid malpractice claim.
Frequently Asked Questions
What is medical malpractice?
Not all bad outcomes are considered medical malpractice. In some cases, doctors and hospitals do everything right, and the patient still doesn’t receive a desirable result. A bad outcome alone is not enough to pursue a claim.
According to Florida law, medical malpractice occurs when a healthcare provider is negligent and causes injury or death. In other words, you must prove that your health care provider did something wrong and that that mistake caused the injury or death.
What if I signed a consent form?
Even if you signed a consent form, you can still sue for medical malpractice in Florida. A consent form does not excuse medical negligence, surgical errors, or care that falls below the accepted professional standard.
You may still have a valid claim if your healthcare provider made a mistake, if they didn’t properly inform you of the risks associated with the procedure, or if they performed a type of procedure that you didn’t agree to.
Is it worth suing for medical malpractice?
Whether suing for medical malpractice is worthwhile depends on the seriousness of your injuries and other losses and the strength of your evidence. A lawsuit may be worth considering if negligent treatment has caused you substantial medical expenses or long-term health problems.
However, not every medical complication qualifies as malpractice. A personal injury lawyer from Distasio Law Firm can assess your situation and help determine whether a lawsuit is appropriate.
How long does it take to settle a medical malpractice lawsuit?
It can take anywhere from several months to several years to settle a medical malpractice claim. Your case’s timeline will depend on a variety of factors, such as the seriousness of your injuries, the availability of medical evidence, the number of defendants, and whether both parties can agree on liability and damages.
Cases involving catastrophic injuries tend to take longer to resolve since you will likely need additional time to evaluate your future expenses. Once you agree to a settlement, you generally cannot request additional compensation later, even if your condition changes, which is why it’s crucial to consult a lawyer from Distasio Law Firm before signing anything.
Speak to a Medical Malpractice Lawyer in Tampa
If you were injured because of a doctor’s mistake, you have the right to take legal action. A Tampa medical malpractice attorney from Distasio Law Firm can investigate the incident, gather evidence to prove negligence, and help you obtain the compensation you need to move forward.
Schedule a free consultation to learn more about your legal options.
Call or text (813) 259 0022 or complete a Free Case Evaluation form