Tampa Medical Malpractice Attorney
Were you injured by a negligent physician in Tampa? Our medical malpractice lawyers can get you the compensation you deserve!
Medical malpractice suits follow the general framework of Tampa personal injury lawsuits with a few notable exceptions. Medical malpractice cases are some of the most complicated legal battles you can experience. It’s vital to connect with an experienced, reliable medical malpractice attorney to handle your case in Tampa, Florida. The Williams Law team wants citizens of Tampa to know they can come to us for representation in these difficult cases.
At Williams Law, P.A., our team of Tampa medical malpractice lawyers have the resources and experience to handle the most complex medical malpractice claims. If you’ve suffered from medical malpractice in Tampa or the surrounding area, contact our team of Tampa medical malpractice attorneys to schedule a free consultation. We’ll discuss the details of your situation and let you know what kind of compensation you could receive.
Doctors, nurses, and other healthcare professionals take an oath to do no harm to their patients. Due to the nature of their work, health care professionals have a higher duty of care than ordinary citizens. When they violate this duty and inflict harm on their patients through negligence, incompetence, or unethical behavior, injured patients can recover their losses through medical malpractice lawsuits. If doctors or other healthcare professionals have violated their duties, you should contact a trusted Tampa medical malpractice lawyer to see what compensation you are entitled to.
Understanding Medical Malpractice in Florida
Generally, any health care professional who acts against the best interests of his or her patients is guilty of malpractice. Medicine is uncertain by nature, so some honest mistakes are unavoidable and understandable. However, health care professionals must use approved methods to diagnose and treat patients. When doctors and other health care providers use unapproved, unethical, or impractical treatment methods, they often cause more harm than they prevent.
A doctor making a mistake or a patient who is unhappy about his or her results after treatment are not necessarily grounds for a medical malpractice lawsuit. Like personal injury lawsuits, medical malpractice lawsuits hinge on the concept of negligence. This means that plaintiffs must prove that their doctors had a duty to act with reasonable care during the course of treatment, violated that duty, and the plaintiffs suffered actual harm as a result.
Types of Medical Malpractice
Medical malpractice applies to various situations, but some of the most common types of malpractice that lead to lawsuits include:
- Anesthesia errors. Anesthesiologists and health care technicians must follow acceptable safety and procedural guidelines when administering anesthesia. Anesthesia can be fatal or severely harmful in the wrong doses or when applied incorrectly.
- Surgical mistakes. Doctors may make mistakes in the operating room. Failing to correct them in time can cause significant injury to patients. If a doctor forgets surgical equipment inside a patient, operates on the wrong body part, or otherwise botches a surgery, the doctor may be liable for malpractice.
- Delayed diagnosis or misdiagnosis. Doctors use a process of elimination to diagnose their patients. By evaluating a patient’s symptoms, a doctor can determine what condition the patient has. However, the symptoms of some medical conditions mimic those of others, making diagnosis more difficult. Doctors need to provide their diagnoses in a timely and accurate manner or they risk severe injury to their patients.
- Prescription errors. Doctors who prescribe medications must ensure their prescriptions do not conflict with medications a patient is already taking. Drug interactions can be fatal in some cases. Pharmacists must ensure they dispense the correct medications in the correct doses.
- Gross negligence. When doctors make mistakes that even untrained individuals would catch, they commit gross negligence. An example would be reading an x-ray backward or amputating the wrong body part.
Calculating a Medical Malpractice Lawsuit Payout
While a medical malpractice claim is functionally similar to a personal injury claim in many ways, is does differ. Specific laws are in place in many states pertaining to medical malpractice lawsuits and the damages available to plaintiffs. If you or a loved one recently suffered injuries due to medical malpractice and are weighing your legal options, it’s a good idea to estimate how much you could receive from a successful lawsuit.
Your medical malpractice attorney will be able to assess the unique facts of your case to provide you with a more accurate estimate of the damages available to you, but you can do a few things on your own to calculate the potential value of your medical malpractice claim.
Defendants in civil actions like personal injury lawsuits and medical malpractice claims typically repay a plaintiff’s economic damages one to one. This means the plaintiff needs clear evidence that his or her claimed damages resulted from the defendant’s negligence and not some other cause. Additionally, the plaintiff must have convincing evidence of the true extent of those damages.
The most obvious economic damages in a medical malpractice lawsuit will likely be the plaintiff’s hospital bills. These bills are accrued from treating or correcting the damaging incident and the plaintiff’s lost income from the time spent out of work to deal with his or her injuries or illness. For example, a plaintiff suffers an infection due to a botched surgery. After winning his medical malpractice lawsuit, he could secure various economic damages. These damages may include the cost of treatment following the surgery, the costs associated with any future corrective treatment, and the wages lost while he was in recovery from the infection.
If the malpractice caused enough damage to permanently impair the victim’s earning capacity, the plaintiff’s attorney could have an expert witness with financial expertise testify as to how much the plaintiff truly lost due to the malpractice in question.
A medical malpractice lawsuit will also likely entail non-economic damages. These damages can include compensation for physical pain, emotional suffering, trauma, and long-term disability or disfigurement. It’s difficult to assign monetary values to intangible losses like physical pain. A plaintiff’s attorney will likely consult a medical expert witness who can explain the plaintiff’s situation in an understandable way to the court.
Some courts will use a per diem system to compensate for pain and suffering. In such a system, the court awards a monetary value per day. The plaintiff receives this amount for each day until he or she reaches maximum possible recovery. For example, a plaintiff suffered a compound leg fracture from a drunk driver hitting his car. The jury awards $200 in pain and suffering damages for each day that the victim spends in recovery. His recovery takes 300 days, so he receives $60,000 in pain and suffering damages. Other courts may simply multiply the victim’s claimed medical expenses by a number, typically two to five, and award the result in pain and suffering damages. Your Tampa medical malpractice lawyer can advise you as to which type of compensation system your court might use.
Some states place caps or limits on non-economic damages and other types of compensation in civil claims. For years, Florida capped non-economic damages in medical malpractice claims at $500,000 and $1,000,000 for cases of malpractice resulting in a permanent vegetative state or death. However, the Florida Supreme Court overturned this rule in 2017, deeming the caps on non-economic damages as unconstitutional.
Your Tampa medical malpractice attorney will be able to determine which state laws apply to your case. Your lawyer will also communicate any restrictions that may influence your damages. If you are concerned about the value of your medical malpractice claim, schedule a free consultation. Your attorney can review the elements of your claim for a realistic estimate of the compensation you can receive if you win your case.
Hospitals in Tampa, Florida
|Hospital Name||Address||Phone Number|
|Memorial Hospital of Tampa||2901 W Swann Ave, Tampa, FL 33609||(813) 873-6400|
|Tampa General Hospital||1 Tampa General Cir, Tampa, FL 33606||(813) 844-7000|
|Kindred Hospital Central Tampa||4801 N Howard Ave, Tampa, FL 33603||(813) 874-7575|
|St. Joseph’s Children’s Hospital||3001 W. Dr. Martin Luther King. Jr. Blvd., Tampa, FL 33607||(813) 554-8500|
|Tampa Community Hospital||6001 Webb Rd, Tampa, FL 33615||(813) 888-7060|
|Florida Hospital Tampa||3100 E Fletcher Ave, Tampa, FL 33613||(813) 971-6000|
|Kindred Hospital Bay Area – Tampa||4555 S Manhattan Ave, Tampa, FL 33611||(813) 839-6341|
|Tampa Family Health Care Center||1514 N Florida Ave, Tampa, FL 33602||(813) 490-1957|
Find A Reliable Tampa Medical Malpractice Lawyer
Medical malpractice cases can easily spiral into complex legal battles. Most medical malpractice claims must pass through a medical review board before proceeding to trial. Attempting to handle a medical malpractice claim without professional legal representation is not advisable. Even seemingly straightforward cases can be complicated enough to overwhelm without the assistance of legal representation. Even if an individual successfully represents a case in court, such cases aren’t likely to yield maximum compensation for damages.