Have you or a loved one been the victim of medical malpractice? If so, our medical malpractice attorneys are here to help. You have 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?
Medical malpractice law stands out from other areas of personal injury law. Experience counts. Only consider a New Port Richey medical malpractice lawyer with a significant amount of experience in this field. That’s why Scott Distasio is the right choice for you medical malpractice case with over 28 years of experience fighting fraudulent healthcare providers and achieving success for clients. Don’t wait! The sooner you call an experienced personal injury attorney at our firm, the sooner we can get on your case.
Florida Legislators Have Created Special Protections for Health Care Providers
An unfortunate reality is that the healthcare industry wields a lot of power in Florida. Between lobbyists and political donations, the influence they have on the Florida legislature is apparent. Special laws have been pass to shield health care providers from malpractice lawsuits. These special laws are found in Chapter 766 of the Florida statutes. Arm yourself by hiring a New Port Richey medical malpractice attorney that can navigate these special laws.
One example of these healthcare provider-friendly laws is the fact that are not allowed to sue a healthcare provider for medical malpractice without the records review of an independent healthcare provider. The person must them go on record and state that a medical malpractice incident has occurred. You will face an uphill battle in this regard because colleagues are not likely to publicly criticize others in the medical industry. Finding a medical professional who will go out on a limb is expensive. At Distasio Law Firm, we are adept at working successfully under these “special laws”. We will find medical experts and get them to assess your case. We will pay the upfront cost and you only pay if you win the case.
What Is Medical Malpractice?
It’s simple to answer and hard to prove. Not every injury in a medical setting is a result is medical malpractice. Medical malpractice is when a medical provider is both negligent and that negligence leads to injury, sickness or death.
What Is Medical Negligence?
Negligence is defined as a “failure to use reasonable care” when providing care to an individual. Reasonable care is the fulfillment of treatment deemed appropriate by another medical professional. In essence, the medical professional provided care in a way that other healthcare professional would not.
Since medicine is a highly specialized field, Florida courts have determined that the only people who can determine if a medical error has occurred are other medical professionals. How you feel technically is not a factor in the outcome of the case. Complicated laws plus the medical industry’s tendency to protect their own means you need a knowledgeable New Port Richey medical negligence lawyer working on your case.
As mentioned previously, there’s two parts to a medical malpractice case, determining that a medical professional was negligent and determining that the negligence caused the injury, sickness or death. That’s often the more difficult part to accomplish. Medical malpractice lawyers at the Distasio Law Firm have the resources to build a case through evidence gathering and interviews.
Negligence Alone Is Not Enough to Pursue a Medical Malpractice Case
Even if a doctor or hospital did something wrong, there may not be enough to pursue a case. Often, showing that the health care provider was negligent is the easy part. In addition to proving the healthcare provider was negligent, you also have to show that the negligence was the cause of injury or death. Once again, Florida law makes this simple concept sound complicated. Florida standard jury instruction 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. Distasio law firm has the experience necessary to figure this out.
Examples of Medical Malpractice
Year in and year out, medical researchers conclude that medical errors are a frequent occurrence. The latest studies suggest that medical errors are the third leading cause of death in the United States. Medical malpractice is as common in New Port Richey as it is in other cities in Florida. On the other hand, the number of medical malpractice law suits brought is consistently low. There were only 1105 paid medical malpractice claims in 2017 for the over 21 million people living in Florida. At Distasio Law Firm, our medical malpractice lawyers has experience in the representation of 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
If you or someone you love was a victim of malpractice, there’s no time to waste. In Florida, you have two years from the time an event occurred to file a claim. Experience tells us that this time goes by quickly. Between coping with a tragedy and trying to regain some semblance of normalcy, time will go by. It takes time to build a case and every day counts. Contact Distasio Law Firm today! Allow our dedicated legal professionals to go to work for you so that you can turn the page in your life.
Get in Touch with a New Port Richey Medical Malpractice Attorney
This may be a scary time for you and your family, but that’s all the more reason to act now. Medical negligence cases require time to prove and superior resources. Let a New Port Richey medical malpractice lawyer at Distasio Law Firm protect your interests with thoughtful, experienced, and determined representation. Call now.