Tampa Medical Malpractice Lawyer
You should be able to trust your medical practitioner with your life, and many are worthy of that trust. But when their negligence or recklessness causes you serious injury, you can hold them accountable by working with a medical malpractice attorney in Tampa.
Medical mistakes happen all the time, and a simple mistake doesn’t necessarily mean that malpractice has occurred. There is also the question of informed consent and whether you truly knew or understood the risks associated with a certain treatment or plan of care.
It is clear that medical malpractice lawsuits are some of the more complicated types of injury claims you can pursue, but with the help of your highly trained Tampa medical malpractice lawyer at Anderson & Anderson, you’ll be able to focus on recuperating while we work diligently to obtain full compensation for all you’ve been through.
Read on to learn more about when you should consider filing a medical malpractice lawsuit, Florida laws that could have an impact on your claim, and what you can expect your damages to be worth.
- Amputation Injury
- Anesthesia Error
- Birth Injury
- Defective Drugs
- Defective Medical Device
- Medication Error
- Surgical Error
- Wrongful Death
How Do I Know if I Am a Victim of Medical Negligence?
Medical negligence occurs when a medical practitioner, whether it be a physician, nurse, obstetrician, surgeon, midwife, doctor’s office, or even a hospital, doesn’t maintain the standard of care that another medical professional of similar training and experience would have maintained.
This is different from side effects or injuries that occur due a treatment or plan of care that had accompanying risks. For example, if you had a tumor resected, there are any number of things that could have gone wrong during the procedure that would not be caused by a medical professional’s negligent actions. This is also different from a hazard on the property of a hospital or other medical facility.
However, if you have been injured or fallen ill even further due to any of the following circumstances, you may have grounds for the pursuit of a Tampa medical malpractice claim:
- A surgical instrument was left inside of a body cavity.
- A condition was misdiagnosed.
- There was failure to provide treatment or follow-up care.
- Improper treatments or medication dosages were given.
- Negligence caused complications in childbirth or pregnancy.
If you are unsure whether you have been a victim of medical malpractice, you should reach out to a qualified medical malpractice attorney in Tampa so we can further discuss the individual details of your possible claim.
What Qualifies for a Medical Malpractice Lawsuit in Florida?
When a Tampa doctor is careless and you’re injured or ill as a result, recovery can feel hopeless. If you’re struggling to get the full compensation you’re due, reach out to the lawyers at Anderson & Anderson to discuss how you may qualify for a Florida medical malpractice lawsuit. But, first, what actually qualifies you for a medical malpractice lawsuit in Florida?
What Is Informed Consent?
When you go to the hospital for treatment you typically expect that your doctor will do everything to keep you well and up to date on your treatment. But maybe your lawyer didn’t tell you everything before treating you.
You may have given your consent to be treated, but that doesn’t mean the doctor was acting ethically and with care for your safety. If you suspect your doctor didn’t provide the care they were supposed to, reach out to a personal injury lawyer at Anderson & Anderson for help.
Defining Informed Consent
First, what is informed consent? When you consent to treatment, you don’t consent to any treatment the doctor chooses. Your doctor should instead discuss your treatment before they ever begin.
Unfortunately, doctors don’t always take the right precautions. Your doctor may have instead treated you with certain drugs without informing you of the dangerous side effects you may experience. In other cases, you may have been given invasive, unnecessary exams that left you in distress and pain. If your doctor didn’t seek your explicit consent, you may have grounds for a lawsuit.
Can I Sue if I Didn’t Give Informed Consent?
Here’s the good news—you may have grounds for a lawsuit if your doctor failed to seek informed consent. Your doctor disregarded your right to know how you’re being treated for your injury or illness, and you suffered for it.
If you believe you have grounds for a medical malpractice lawsuit against your doctor, you may need to speak with your lawyer first. Medical malpractice claims can be complex, between filing a notice of claim and acting with the time limits. In addition, you may need to sue the hospital or a physician’s group rather than the doctor themselves. Fortunately, your lawyer can help you take your next steps.
Compensation for Your Claim
When you’re hurt by your doctor, you may have grounds for compensation. But what is your compensation worth?
If you’ve been hurt by a doctor, you may be eligible for compensation that covers the losses and hardships you suffered because of your doctor’s actions. These losses are sometimes called damages. They are either economic or non-economic, and they cover your financial, mental, and emotional costs.
Make sure you include all the damages you’re eligible for. If you don’t, you may settle for less, leading you to receive less compensation than you’re due. Below are just some of the damages you may seek if you’re hurt by your doctor:
- Medical care
- Lost earning capacity
- Pain and suffering
- Loss of enjoyment of life
Standard of Care
When you visit a doctor, they have a standard of care to meet. That means your doctor must take care to do everything they can to protect your health. If your doctor didn’t take the right steps for your care, they could be held liable.
For example, they may have ignored test results or made careless mistakes with your health. If they fail to meet these standards, you may have grounds for a Tampa medical malpractice lawsuit. Medical malpractice isn’t easy to prove, which is why many victims partner with an experienced attorney.
Proof of Negligence
When someone is careless on the job, you may be eligible for compensation. But you’ll also need to prove they were negligent. Luckily, your lawyer can help you gather evidence for a Florida medical malpractice lawsuit.
For example, your lawyer may conclude your physician operated on the wrong body part, or they failed to remove all surgical tools from your body cavity. In less-severe cases, you show negligence of improper prescriptions or improperly administered medication. Documentation, physical effects, and more can all prove medical malpractice.
When you plan to file a Florida medical malpractice lawsuit, you must also prove you’ve suffered a loss. These losses caused by medical injury or illness may be financial or non-financial.
The financial losses you suffered may include the costs of your medical treatment, especially if the medical injury did long-term or permanent damage. You probably need compensation for other losses, such as your lost wages if you’re unable to work.
Your non-economic damages cover the intangible losses you’ve suffered because of your injuries. For example, you may have suffered severe pain or emotional trauma because of the doctor’s mistake. Your medical malpractice lawyer can help you calculate what those damages are worth.
What Happens When a Doctor’s Error Causes Death?
We trust our doctors to take care of us and our loved ones. But what happens when a doctor’s error causes death? At Anderson & Anderson, a personal injury lawyer from our team is ready to help you take action when a doctor is negligent with a loved one’s health and well-being. Here are a few things that happen when a doctor’s error turns deadly.
If you’ve lost a loved one because a doctor was careless, you may have options for compensation. You don’t have to just accept the doctor’s carelessness and try to move on. You can seek out help from the lawyers at Anderson & Anderson, starting with a free consultation. Reach out for yours by calling 813-251-0072 or by completing the online contact form below.
Proving Medical Negligence
If you believe a doctor was careless and should be held responsible for your loss, you may need to first prove they were negligent. Doctors have a duty of care to their patients, and if they fail to meet that duty, they can be held responsible for your loved one’s passing.
For example, they may have ignored symptoms of brain damage following a serious fall. They may have dismissed your loved one’s symptoms and failed to treat them correctly. An investigation with a Tampa wrongful death attorney can help you determine whether the doctor was careless and failed to act.
Eligibility for a Wrongful Death Lawsuit
Once you have evidence that the doctor failed to meet their duty of care, you then need to determine who’s responsible for a lawsuit. Because the injured party is deceased, someone else has to pursue the legal claim.
In Florida, only the deceased’s personal representative can file a wrongful death claim. Family members are eligible for compensation through this lawsuit. The deceased’s spouse, children, or parents, for example, can receive compensation through the lawsuit.
Can I Sue a Hospital for Medical Malpractice?
When a trip to the hospital is necessary, we expect professional treatment that leaves us healthier than when we arrived. But that’s not always how a hospital stay ends. You may have new pain, illness, or injuries you didn’t have before, or maybe your condition has only gotten worse.
If you suspect a doctor at a hospital may have committed medical malpractice, reach out to a personal injury lawyer at Anderson & Anderson. Your medical malpractice lawyer will help you recover compensation when a doctor or other hospital staff harms you.
Who’s Liable for Medical Malpractice?
If you’re hurt or ill because of a doctor’s actions, you may have grounds to file a claim against the at-fault party. But who’s financially responsible for your suffering?
While a doctor, nurse, or another staff member may have caused your suffering, they may not be the one to cover your recovery. That may instead be the responsibility of the hospital they’re employed by, or a doctor group they’re a member of.
It can be difficult to determine what group is liable for your injuries without experience and access to the right tools. Because of this, you may need a medical malpractice lawyer to determine who’s financially liable for your injuries.
Compensation for Medical Malpractice Victims
Medical malpractice is a serious concern, and you could be compensated for the suffering you experienced. These damages include both economic and non-economic damages, or funds for the financial losses and emotional trauma you suffered. But how do you calculate what these damages are worth?
Calculating your damages may take special tools and information. Because of this, you may need to speak with a lawyer about the extent of your losses. When you’re hurt because of a doctor’s mistake, you may have grounds to seek the following damages, among others:
- Medical bills
- Lost wages
- Household accommodations, like wheelchair ramps
- Pain and suffering
- Loss of enjoyment of life
Can a Nurse Be Sued for Malpractice?
When you’re hurt by a doctor’s negligence, you may have grounds for a medical malpractice claim. But doctors aren’t the only ones who provide treatment in a hospital. Nurses, physical therapists, and other hospital staff may be in charge of protecting your health.
So what happens if one of them makes a negligent mistake?
At Anderson & Anderson, we understand acting on a medical malpractice claim is tough. That may be even truer in cases where you were injured by someone other than your doctor. Luckily, our dedicated medical malpractice lawyers are here to help when a nurse injures you and leads to a medical malpractice claim.
Who’s Liable when a Nurse Is Negligent?
Like doctors, nurses are expected to maintain a certain standard of care. They’re required to do everything in their power to protect their patients’ health. If they’re not careful with your health and safety, they may be held liable for the suffering they caused.
But like doctors, they’re often not the ones who will cover the financial part of your lawsuit. You may instead have to sue the hospital or medical group responsible for the nurse’s actions. While they may have committed the malpractice that injured you, their employers are responsible for their actions.
But knowing how to file a claim against a hospital can be tough. Talk to your medical malpractice lawyer if you’re struggling to get compensated for your losses.
Compensation for Malpractice Victims
When you’re hurt because a nurse was careless, it’s your right to pursue compensation for your injuries. That’s true of injuries caused by any medical professional. But what is your claim worth?
Your first concern may be your economic losses, or the financial costs of your medical injury. That may include the costs of your treatment, compensation for the time you were unable to work, and the costs of support if you’re unable to live independently.
Your non-economic losses can be more complicated. These cover the intangible emotional and mental costs of your injuries. For example, you may now suffer from anxiety or depression because of the nurse’s treatment. You may have been disfigured, which can impact your mental health. All these losses can leave a toll on you that should be accounted for in your lawsuit.
Medical Malpractice Laws You Need to Know
As you prepare to deal with the insurance company and possibly go to court to get the money you’re entitled to, there are several laws you need to know that are sure to influence the outcome of your malpractice claim. To start, you need to pay careful attention to the state’s four-year statute of limitations.
The countdown will begin the day that the actual incident occurred, though the clock can be adjusted if you did not discover the impact of the incident until a later date. This deadline is crucial, as failure to file in a timely manner can bar you from having your case heard in court, except in instances of misrepresentation or fraud under the statute of repose.
You also need to be aware that no matter how much your claim is worth, the state has placed a cap of up to $1 million for claims against individuals who caused a death or vegetative state due to their negligence, and $750,000 for claims against nonpractitioners. This cap only applies to your non-economic damages, which we go into greater detail about below.
Obtain the Compensation You Deserve
When you file your malpractice claim, you’ll be able to include every single way your life has been negatively affected by your condition. This will certainly include compensation for your lost wages and earning capacity, coverage of the medical expenses you accrued as a result of your condition, and any property damages, if applicable.
However, you will also be entitled to recovery of non-economic losses, or the damages that have impacted your life as a whole. Such damages may consist of pain and suffering, lost enjoyment of life, loss of companionship and love, and emotional distress, among others. Your Tampa attorney will have a better idea of how much you can expect to be awarded after calculating the value of your losses.
Get Help from a Medical Malpractice Lawyer in Tampa
If someone providing your medical care has wronged you due to their own irresponsible or reckless conduct, you have the right to hold them accountable to the fullest extent of the law. A seasoned Tampa medical malpractice lawyer at Anderson & Anderson will have the skills necessary to secure maximum repayment of your damages.
If you’re a victim of medical malpractice, you may be entitled to compensation for the suffering you’ve experienced. But what qualifies you for a medical malpractice lawsuit in Florida? You may be worried your injuries aren’t severe enough or concerned that you don’t have enough evidence for your claim. At Anderson & Anderson, we understand that it’s tough to get compensated for your medical malpractice claim. That’s why we offer free consultations for those seeking compensation. Reach out for a free consultation by calling 813-251-0072or by completing the online contact form below.