Need a Medical Malpractice Attorney in Clearwater?
If you have concerns that you or a loved one has become the victim of medical malpractice, the attorneys of the Distasio Law Firm are here to help. We can give you the clarification and advice you need to these and other common questions:
- Can I hold the healthcare provider responsible for the damages they have caused?
- How can I help stop this from happening to someone else?
- How will I make up for the money that I have lost?
- Will I be able to take care of myself in the future?
- How do I find the best medical malpractice attorney for my case?
You should only consider Clearwater medical malpractice attorneys who have a significant amount of successful experience in medical malpractice law. This field of law requires a superior level of expertise. Scott Distasio, of Distasio Law Firm, has been battling fraudulent healthcare providers and achieving success for clients for over 28 years. Experience counts. Scott is the best choice for your medical malpractice case. Don’t hesitate, as medical malpractice is a serious offense! The sooner that you contact us, the sooner we can get to work on your case.
The Distasio Law Firm Difference
Of course, you are looking for the best Clearwater medical malpractice lawyer? When examining your options, look for the following:
- Knowledge and Experience Handling medical malpractice Cases
Your lawyer should not only know Florida medical malpractice law. That lawyer should also have years of experience handling malpractice cases. Scott Distasio has been handling medical malpractice cases for over 28 years. His years of experience investigating, negotiating, settling, filing lawsuits, taking depositions, and going to trial will absolutely make a difference in your case.
- Independent Verification of the Lawyers Ability
All attorneys claim they know what they are doing. Their marketing materials may also be persuasive. But you will only know the truth about that lawyer if the lawyer is rated by respected independent non-biased rating systems. Scott Distasio has an “AV rating by Martindale-Hubbell law Directory. This is the highest rating an attorney can receive for both ability and ethics. Scott Distasio is also Board Certified by the Florida Bar in Trial law. To achieve this accomplishment a lawyer must have tried a minimum number of cases to a jury and pass a competency exam. Less than 1% of all Florida lawyers are Board Certified.
- Willingness and Ability to Go to Trial
Not all medical malpractice cases go to trial. The truth is most cases settle. But if your case does need to go to trial it’s important to hire a law firm that has the experience, resources and ability to try your case. This is especially true in medical malpractice cases because healthcare providers WIN upwards of 70% of the time. Scott Distasio is a board certified civil trial lawyer. This gives him the right to call himself an expert trial lawyer.
Florida Legislators Have Created Special Protections for Health Care Providers
Lobbyists, as well as political donations, clearly show that the healthcare industry exerts a great deal of power on Florida legislature. Special laws, now found in Chapter 766 of the Florida statutes, have been passed to help protect health care providers from malpractice lawsuits. Hire the Clearwater medical malpractice lawyers from the Distasio Law Firm who understand these laws and know how to steer through them in pursuit of justice for their clients.
One of the healthcare provider-friendly laws of Florida declares that a healthcare provider can’t be sued for medical malpractice unless the records are reviewed by an independent healthcare provider. It is very difficult, as well as very expensive, to find a medical professional who will testify that medical malpractice has occurred. Colleagues are uncomfortable publicly criticizing others in the medical industry and will make every effort to evade engaging in that type of confrontation. The Distasio Law Firm is experienced on how to work successfully under these “special laws.” We know how to find the medical experts who are most appropriate for your case and we pay that upfront expense! You only pay expert witness fees when you win your case.
What Is Medical Malpractice?
Medical malpractice is the term given to when a medical provider is negligent and that negligence leads to injury, sickness, or death. It is not easy to prove, as not every injury that occurs in a medical setting is a result of medical malpractice.
What Is Medical Negligence?
Negligence is defined as the “failure to use reasonable care” when providing care to an individual. Reasonable care is the implementation of treatment by a medical professional who is deemed to be appropriate for the situation. If care is considered negligent, then it must be shown that the medical professional provided care in a manner that other healthcare professionals would not consider to be reasonable.
The Florida courts have decided that because medicine is such a highly specialized field, the only people who can determine if a medical error has occurred are other medical professionals. How you feel about the appropriateness of the treatment is technically not considered a factor at all.
There are two parts to a medical malpractice case. First, it must be determined that a medical professional was negligent. The second part of a medical malpractice case is to establish that the negligence caused injury, sickness, or death and that is often the more challenging part to achieve. The new convoluted laws, combined with the medical industry’s preference to protect their own, clearly indicate that you will need the best Clearwater medical malpractice attorney to represent you.
The medical malpractice attorneys at the Distasio Law Firm have the finest resources to build a case for you. We perform extensive research, meticulously collect evidence, conduct in-depth interviews, and are ever vigilant about representing your best interests.
Negligence Alone Is Not Enough to Pursue a Medical Malpractice Case
Even though a doctor or hospital might have done something wrong or made a mistake, that mistake alone might not be enough to warrant the pursuit of a medical malpractice case. Not only do you have to show that the health care provider was negligent, but you also have to prove that the negligence was the cause of injury or death. Nevertheless, current Florida law makes this concept sound very complex. Standard jury instruction in Florida states that “negligence is a legal cause if it directly and in natural and continuous sequence produces or contributes substantially to producing damage so that it can reasonably be said, that but for the negligence, the damage would not have occurred.” The Distasio Law Firm has the courtroom experience necessary to navigate through this complicated and convoluted language, and knows how present the best possible case for their clients.
Examples of Medical Malpractice
It has been concluded by medical researchers that medical errors are a frequent occurrence, with latest studies indicating that medical errors are the third leading cause of death in the United States. Medical malpractice is just as common in Clearwater as it is in other cities in Florida. On the other hand, it is interesting to note that the number of medical malpractice law suits being produced is consistently low. There were only 1105 paid medical malpractice claims in 2017 for the over 21 million people living in Florida. The medical malpractice lawyers of the Distasio Law Firm have extensive experience representing victims of all types of medical malpractice, including:
- Surgical Error
- Emergency Room Error
- Anesthesia Error
- Failure to Diagnose
- Delayed Diagnosis
- Dental Malpractice
- Nursing Malpractice
- Birth Injuries
- Brain Injuries
- Wrongful Death
- Failure to Request Necessary Tests
- Failure to Perform Proper Follow-Up Care
Statute of Limitations for a Florida Medical Malpractice Case
Do not waste any time if you or someone you love was a victim of malpractice. In the state of Florida, you have two years from the time the event occurred in which to file a claim. Our experience has shown that for clients who are dealing with a tragedy and who are also trying to regain some aspects of a normal life, the weeks and months pass by very quickly. It takes time to build a strategic medical malpractice case and every day counts. Contact the Distasio Law Firm today, so we can quickly start to work on your behalf and you can move ahead with your life.
Need a Clearwater Medical Malpractice Lawyer? Call (727) 254-4978 Today!
Need a Lawyer for a Medical Malpractice Case?
This may be a scary time for you and your family, but that’s all the more reason to act now. Medical malpractice cases require time to prove and superior resources. Let the Distasio Law Firm protect your interests with thoughtful, experienced and determined representation.