Tampa Medical Malpractice Lawyer & Experienced Malpractice Attorneys
Our Tampa medical malpractice lawyers have years of experience getting settlements out of Tampa’s hospitals
When their doctors make a mistake that injures a Hillsborough County resident, we will fight to get that patient a settlement that will not only take care of their medical bills incurred by their healthcare provider but also non-economic damages to compensate their mental pain and suffering.
D2law medical malpractice attorneys are highly ranked in the Tampa Bay area. We help victims of medical malpractice in Tampa FL. Whether your medical malpractice lawsuit entails surgical error, medication errors, failure to diagnose, or a doctor’s negligence, we are committed to helping you prove personal injury, wrongful death, or medical malpractice.
Tampa Medical Malpractice Attorneys
Our medical malpractice Tampa law firm will do everything we can to keep the victims of medial malpractice out of the Hillsborough County courts. However, if we believe you will receive a much larger settlement in a trial, our Tampa medical malpractice lawyers don’t back down. You want us on your side in the courtroom.
When you go to the doctor, no matter if it’s for a simple procedure or a life-altering surgery, you are putting your trust in someone else’s hands. That’s not an easy thing to do, but we trust our doctors to make the best decisions for our health and well-being.
Unfortunately, some doctors are not trustworthy. They make rash decisions leading to permanent and serious injury in patient or, in some tragic cases, death. If you’ve experienced a personal injury, medical malpractice, or even a family member’s wrongful death, you need a medical malpractice attorney you can trust.
If you believe you or a loved one experienced medical malpractice at Tampa General, Memorial Hospital, St. Joseph’s Hospital, Shriner’s Hospital, Florida Hospital, St. Jude’s, or another hospital in Tampa fl, please contact D2law’s medical malpractice attorneys in Tampa Forida for your free consultation.
First, let’s discuss what goes into a medical malpractice case and what it takes to file a medical malpractice claim to compensate your damages. What does the Florida law say about medical malpractice in Tampa hospitals?
The success of any legal matter depends on the unique circumstances of each case, therefore, we cannot guarantee particular results for future clients.
Medical Malpractice In Florida
What is medical malpractice according to Florida law? In Title XLV, Chapter 766 of Florida state law, medical malpractice is fully articulated from medical board review through hearings and retribution.
Florida State Statute 766.102 States
“In any action for recovery of damages based on the death or personal injury of any person in which it is alleged that such death or injury resulted from the negligence of a health care provider as defined in s. 766.202, the claimant shall have the burden of proving by the greater weight of evidence that the alleged actions of the health care provider represented a breach of the prevailing professional standard of care for that health care provider. The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”
In short, medical malpractice is when a doctor, nurse, or hospital fails to properly treat a medical condition and creates a new or aggravated injury as a result. Let’s break this down a little further. What do you need to know about medical malpractice claims before you hire a medical malpractice attorney?
Medical Malpractice
Malpractice refers to the actions or lack of actions taken by a medical professional that deviates from the accepted standard of care. This is the substance of a medical malpractice case, the legal fault of the medical professional.
Standard Of Care
The standard of care refers to a competent and skilled healthcare professional with a similar background giving insight as to how they would have handled the situation had it been in their hands. Do they consider the situation malpractice, or would they have been forced to give the same medical care?
Statute Of Limitations
The statute of limitations states that there is an allotted amount of time given for a patient that has been injured by a medical professional to file a medical malpractice claim. In the state of Florida, you must file the lawsuit within two years of discovering the injury.
Now that you know the basics, let’s get down to business. When you file a medical malpractice claim in Tampa FL, there is a specific process that your Tampa medical malpractice attorney will undergo.
What Types Of Medical Malpractice Cases Can Our Firm Handle For You?
Emergency Room Medical Malpractice
Emergency rooms are naturally busy places. With the rising costs of healthcare and myriad problems with the insurance industry as well as changes in state and federal government, medical professionals are trying to get more done with less money and time. However, these are not excuses for poor medical treatment to patient.
Some of the things that can happen in emergency rooms that lead to the death or injury of another include:
- A doctor or nurse’s failure to diagnose that someone is having or recently had a heart attack or a stroke.
- Misdiagnosis of a life-threatening illness such as appendicitis or meningitis.
- Giving the wrong medication (medication errors).
- Administering too much of a medication (causing an overdose).
- Errors while intubating someone or performing emergency surgery.
- Misreading blood results or lab tests and subsequently giving unneeded surgery or other drastic treatment that does more harm than good.
- Failure to identify an aneurysm, hematoma, or blood clot (embolism).
- Not diagnosing a serious condition such as sepsis, MRSA (methicillin-resistant Staphylococcus aureus), a staph infection, or internal bleeding.
Hospital Medical Malpractice Examples
Other types of medical malpractice may happen in one of Tampa’s hospitals. These include:
- Slip and fall (this could be caused by liquids left on a floor without being cleaned up, open boxes, or other tripping hazards).
- Birth injuries (such as cerebral palsy caused by oxygen deprivation during delivery, doctors failing to diagnose and/or treat jaundice and/or lung problems after an infant is born, or not authorizing a C-section promptly).
- Negligent nursing practices.
- Injury and/or death due to receiving the wrong medication or being denied medication.
- Product liability from medical equipment (such as defective lap bands).
- Not diagnosing cancer, blood disorder, kidney disease, or another treatable, life-threatening illness promptly and properly.
- Misdiagnosis of a serious condition due to a misread X-ray or MRI image.
- Abusive nursing practices.
- Surgical errors (such as operating on the wrong organ or body part or causing scalpel injuries to arteries, veins, organs, nerves, and/or other parts of the body).
- Early discharge from a hospital, leading to serious injury or death.
- Improper or negligent monitoring of patient during post-op recovery.
- Infection from improper sterilization procedures during medical treatment.
- Anesthesia errors or negligence that lead to wrongful death, heart damage, paralysis, loss of speech, coma, brain damage, cognitive defects in the brain, impaired motor skills, and the like.
- Poorly performed cosmetic surgery that caused lasting disfigurement.
- Accidents during surgery (for example, leaving an instrument or gauze in a patient’s body).
Other Types Of Medical-Related Personal Injury Cases
- Traumatic brain injury (TBI).
- Accidents due to irresponsible ambulance drivers.
- Abuse and/or neglect in nursing homes.
- Truck accident caused by a firefighter or an EMT who is driving negligently or recklessly.
- Slip and fall or other accident in a care facility or doctor’s office.
Causes Of Medical Malpractice
It is often assumed that busyness and fatigue are the reasons for malpractice, which in some cases is true.
However, other factors can cause malpractice, including:
- Disorganization of medical records.
- Lack of communication among treatment providers.
- Not following medical protocols; or lack of training.
Everyone working in healthcare, from doctors and nurses to assistants and receptionists, is ultimately held liable for damages that happens to the patients who entrust them with their lives.
Most healthcare professionals get proper sleep, avoid showing up to work under the influence of drugs and/or alcohol, and only perform the duties for which they are qualified.
On the occasions that healthcare workers do not live up to their responsibilities, D2law will step in and fight on patient behalf.
So, let’s do some quick math. For example, let’s say a medical malpractice claim is resolved for $25,000 with a lawyer.
Let’s assume that the average claim settled for 400% more than for which the claim would have settled without an attorney. In this example, the individual would have received a $6,250 settlement (before the medical bills are paid!) without a medical malpractice lawyer.
The medical malpractice attorney would take a settlement fee of $8,325, leaving $16,675 in gross recovery for the client (before any medical bills are paid). In this example, the net recovery for patient or victims who works with an attorney is on average $10,000 more than what that person would have received without the help of a medical malpractice lawyer.
Now, there are certain situations where it might be worth it for someone to try to resolve his or her case without an experienced medical malpractice lawyer. For example, cases, where the medical bills are a couple of thousand dollars or less and the patient, does not have a permanent injury. In Florida, if someone does not have a permanent injury, he or she cannot ask for compensation for pain and suffering and loss of enjoyment of life. These damages significantly increase the value of a personal injury claim.
Other types of personal injury claims can result from one or more of the following situations:
- auto accidents
- school bus accidents
- motorcycle accidents
- truck accidents
- pedestrian accidents
- recreational vehicle accidents
- bicycle accidents
- boating accidents
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D2 Law
Nicole Denmon &
Christian Denmon
Our award-winning trial attorneys have earned a reputation for zealous advocacy on behalf of our clients – both in settlement negotiations and jury trials.
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with Nicole Denmon and
Christian Denmon
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