Need a Medical Malpractice Attorney in Tampa?
If you have come to this page, the chances are you or a loved one has been the victim of medical malpractice. Whether it happened in Tampa or any other Florida city, we can help. You may be wondering:
- 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?
The most important thing you need to know is that medical malpractice is a very specialized area of law. You should only consider hiring a Tampa medical malpractice lawyer that has substantial experience handling medical malpractice cases. If that’s what you’re looking for, you’ve come to the right place. Scott Distasio has been handling medical malpractice cases for over 28 years. At Distasio law firm, if we agree to take your case we will do everything possible to answer your questions, make the healthcare provider that caused your injuries take responsibility for their actions, and get you the money it will take to make up for what has happened to you. The sooner you call us the sooner we can help.
The Distasio Law Firm Difference
How do you know if you have hired the best Tampa medical malpractice lawyer? The simplest way to know is to find a lawyer that has all the below characteristics.
- 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
The health care industry is very powerful in Florida. They have spent lots of money on lobbyists and political donations that have influenced the Florida legislature to pass special laws to protect health care providers from malpractice law suits. These special laws are contained in Chapter 766 of the Florida statutes. You need a Tampa medical malpractice lawyer that knows and understands these special laws. For example, in Florida you cannot sue a Hospital, doctor, or nurse unless you can find an independent health care provider to review your medical records and publicly state on the record that medical malpractice has occurred.
This can be very difficult for a number of reasons. First, the health care industry is a closed community that is very protective. They all know each other and there are very few of them willing to go on record criticizing there collogues. Second, the ones that will review a case on behalf of injured patients are very expensive. The initial review alone can cost thousands of dollars. At Distasio law Firm, we understand these special laws and have a proven track record of overcoming them. If we decide to take your case, we will find the right medical experts to review your case and pay them to render an opinion. If we cannot prove your case, you owe us nothing. In fact, you only pay us if we prove your case.
What Is Medical Malpractice?
Not all bad outcomes are considered medical malpractice. In some cases, medicine has not figured out a way to cure a particular disease or injury. In other cases, doctors and hospitals do everything right and the patient still does not get a good result. The bad outcome alone is not enough to pursue a case. To pursue a case, you must prove medical malpractice occurred. Unfortunately, Florida law makes this very simple concept sound very complicated.
Florida statutes and Florida courts have concluded that medical malpractice occurs when a healthcare provider is negligent, and that negligence causes injury and/or death. In other words, you must prove two things. First, you must prove the health care provider did something wrong. Second, you must prove what was done wrong is the thing that caused the injury or death.
What Is Medical Negligence?
The negligence part is what the healthcare provider did wrong. So then the question is “What is negligence?” Florida jury instructions define negligence as the failure to use reasonable care. Reasonable care on the part of a healthcare provider is that level of care, skill and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by similar and reasonably careful healthcare providers. Negligence on the part of a healthcare provider is doing something that a reasonably careful healthcare provider would not do under like circumstances or failing to do something that a reasonably careful healthcare provider would do under like circumstances. In its simplest terms it just means the healthcare provider made a mistake that other healthcare providers would not make.
Medicine is a very specialized field that can take years of studying to understand. As a result, non-medically trained people often wrongly believe a mistake has occurred. What a non-medical person believes is a medical mistake may not be. As a result, Florida courts have concluded, it does not matter that you and I believe a medical mistake occurred. What matters is that similarly trained health care providers believe a mistake has occurred. These medical experts will define the standard of medical care and render an opinion about whether the standard of care was breached. You need a Tampa medical malpractice attorney that has the experience to navigate this very complicated area of the law.
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 Tampa 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
There is a certain amount of time the law allots to bringing a lawsuit. This time period is called the statute of limitations. If you do not bring your claim within the statute of limitations, your case will be forever barred. In, Florida, the statute of limitations for medical malpractice is two years from when you knew or should have known that malpractice has occurred but know more than for years from when the event occurred. This sounds like a lot of time. But in reality, it is not. People are usually not ready to move forward with a claim right away after a tragedy. Once they are ready, it takes time to find the right lawyer. It takes even more time to gather all the records and get them to a medical expert for review. Don’t let a so much time go by that it is too late to pursue a case. If you or a loved one has been the victim of medical malpractice call Distasio Law Firm right away, so we can ensure the claim is brought within the statute of limitations.
Looking for a Tampa Medical Malpractice Lawyer? Call 813-259-0022 Today!
Need a Lawyer for a Medical Malpractice Case?
If you or someone you love has fallen victim to medical malpractice, we can help you take the appropriate legal action to address your case. We know this is a frightening, overwhelming, and beyond stressful time for you. We want you to know that you’re not alone in these matters. At Distasio Law Firm, you can rely on our relentless efforts to build the strongest case possible.
Contact a lawyer at our firm today!