When people go to the doctor, they think of all the good things that can happen. They think the doctor will do the right thing and help them get better. For the vast majority of doctor visits, this is true. However, some doctors make things worse for various reasons. This is where medical malpractice becomes an issue that you have to think about, and you may need a skilled personal injury attorney to help you.
Distasio Law Firm has extensive experience in personal injury law, including identifying medical experts and helping you recover compensation. We also have the resources to help you through a complex medical malpractice lawsuit. We offer you a free, no-obligation consultation with a Zephyrhills medical malpractice lawyer so that we can review your case and help you get started.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider, like a doctor or a hospital, does something wrong that injures a patient. More specifically, the healthcare provider must be negligent in its actions, meaning that it was careless. Medical malpractice lawsuits are rare since malpractice is generally rare. Healthcare providers usually take the necessary precautions to prevent problems.
Medical malpractice can happen for various reasons and is rarely intentional. For example, a surgeon performing surgery on the wrong body part is medical malpractice. It is easy to see how it was a mistake, but the provider is still responsible for the procedure. Another example is failing to consider the results of lab work.
Healthcare providers must take all precautions and methods available to ensure that patients are safe and treated appropriately. Actions, such as ignoring lab work that may provide additional information, violate that responsibility.
How Our Medical Malpractice Attorney in Zephyrhills Can Help
Our experienced Zephyrhills medical malpractice attorneys help injured patients with litigating medical malpractice lawsuits. These cases take an extensive amount of time and effort to litigate, requiring significant training and resources to be successful.
Managing a medical malpractice lawsuit can be complex and difficult, especially if you are recovering from an injury. You might want to consider hiring one of the malpractice attorneys in the Zephyrhills area to help you through your case.
We Can Identify Liable Parties in Your Case
Having a capable medical malpractice lawyer from our Zephyrhills firm on your side can make a big difference in the outcome of your case. There are many things that our medical malpractice attorney can do to help you that you likely won’t be able to do on your own. This includes identifying medical experts who worked on your case or can speak knowledgeably about the medical parts of your case.
A skilled medical malpractice attorney in Zephyrhills with our firm can also help you seek compensation. If you experienced medical malpractice, then you likely need ongoing medical care. This treatment can be expensive, and you can seek compensation from the provider. Most malpractice lawsuits are settled out of court. Hospitals and care providers often settlement packages to victims.
The Medical Malpractice Process
Filing a medical malpractice lawsuit in Zephyrhills follows a process similar to any other lawsuit. It might be beneficial to have a medical malpractice attorney to navigate the process for you.
The steps in the medical malpractice process are:
Filing a Legal Complaint
The lawsuit begins when your lawyer files a legal complaint. A legal complaint is the set of documents used to file a lawsuit. Your lawyer will create the necessary documentation that essentially says who you are suing and why you are suing that person.
This task will include gathering evidence and constructing a case that can be argued in court. Any witnesses needed for the case will be identified, and the damage the event did to you will be assessed. Your lawyer will file the complaint with the court and move your lawsuit forward.
The discovery process is the chance for the lawyers for both parties to share evidence. Any evidence that is collected must be shared with opposing counsel so that they have the chance to examine it thoroughly and prepare for the case.
Your lawyer will gather all the needed evidence, including medical reports and witness testimony. This documentation will let the healthcare provider see how strong your case is and determine how willing to negotiate the provider will be.
Once the case and the evidence have been laid out, your attorney will negotiate with the healthcare provider’s legal team. Since most medical malpractice cases do not make it to trial, this is likely the last part of the process that you will need to go through. Your attorney will try to negotiate a settlement that matches your needs. If a settlement cannot be reached, then you will prepare for the trial and file a lawsuit.
For medical malpractice lawsuits in Florida, claimants have two years to take action, per Florida Statutes § 95.11(4)(b).
If negotiations fail, then all the documentation for the case is shared with the legal teams and the court, including any documented evidence like medical files, bills, clinical notes, and digital files. That way, everyone has all the evidence and paperwork they need for trial.
A deposition is a sworn statement outside of court. All witnesses and representatives will be deposed before the trial so that their testimony can be used in court. These depositions make it easier to have people testify without interrupting their otherwise busy schedules in the medical field.
When everything is finished, the case goes to trial. The judge will hear the arguments and decide. The final decision will determine if you deserve compensation and how much compensation you get. When the trial is over, your lawyer will help you get the compensation that has been awarded.
Forms of Compensation You Can Collect in a Medical Malpractice Case
Because no two cases are the same, it is difficult to say how much your case is worth. We would have to look at how your injuries from the malpractice have affected you emotionally, physically, and financially.
Still, common forms of damages people pursue in these types of cases include:
- Medical expenses: For the prior treatment related to malpractice and future care to alleviate those adverse effects
- Lost wages: For the time you had to take off work for treatment
- Future loss of earning potential: For a change in jobs or not working again altogether
- Pain and suffering: For the pain stemming from your malpractice injuries
- End-of-life expenses: For funeral, burial, and losses of inheritance and consortium if you lost your loved one
If You Can Afford to Hire a Malpractice Lawyer From Our Firm
At Distasio Law Firm, we work on a contingency fee basis, so we won’t charge you anything up front or hourly for our services. We only collect our fee if and when you receive compensation.
That way, there are no surprises or risks when you work with us.
Distasio Law Firm has been in practice for more than 30 years. In that time, we have secured millions of dollars for our clients. Now, we want to see how we can help you.
Some of our turnouts have been:
- $12 million for negligent security, resulting in the client’s husband’s death
- $3 million for a deadly workplace accident
- $1.7 million for nursing home negligence that led to a resident choking to death
- $1 million for a lady whose back injury worsened from surgery
Need a Zephyrhills Medical Malpractice Attorney? Call Distasio Law Firm Today
If you were involved in a medical malpractice incident, you may want to consider working with a medical malpractice lawyer to help you through the process. Distasio Law Firm can help you with your medical malpractice case in Zephyrhills, Florida. We have a long record of helping people get the compensation they deserve.
Call our office for a free consultation to learn how one of a Zephyrhills medical malpractice lawyer can help you. We work on contingency, so you pay no attorney’s fees unless you collect compensation. Let us help you make a full recovery.