Tampa Medical Malpractice Lawyer
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If you were injured by a doctor or hospital, a Tampa medical malpractice lawyer can help you recover compensation for medical bills, lost wages, and other damages.
Most patients don’t realize their injury was the result of medical negligence.
Florida hospitals report about 6 times more medical errors than the number of malpractice claims filed by patients each year.
Recently, Florida had 1277 successful medical malpractice lawsuits in one year, more than any other state at the time.
Call (813) 471-4444 for a free consultation with an experienced medical malpractice attorney.
Navigate This Page
- Why Choose the Medical Lawyers at Vanguard Attorneys?
- Requirements for a Medical Malpractice Lawsuit?
- How Much is a Medical Malpractice Claim Worth?
- How to Prove Medical Negligence
- Who Can Be Held Liable for Medical Errors?
- Can Sovereign Immunity Protect My Doctor From Liability?
- Negotiating with Malpractice Insurance Companies
- Contact Us for a Free Consultation
Why Choose a Malpractice Lawyer at Vanguard Attorneys?
The malpractice lawyers at Vanguard have decades of experience in Florida civil litigation and are committed to helping clients recover maximum compensation for their injuries.
We handle medical malpractice cases on a contingency fee basis, meaning you don’t pay unless we win your case.
Our legal team will handle every part of your case so you can focus on healing from your injuries.
What are the Requirements for a Medical Malpractice Lawsuit?
Medical malpractice lawsuits are a type of negligence claim filed against hospitals and doctors who breach their duty of care and cause injury or death to a patient.
The requirements for establishing a medical malpractice claim are described in Florida Statutes § 766.102 as “…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…”
To successfully sue for medical malpractice, the plaintiff must prove that “the alleged actions of the health care provider represented a breach of the prevailing professional standard of care for that health care provider”.
To win a medical malpractice lawsuit, a patient must prove that a medical professional failed to meet a reasonable standard of care and that their negligent actions or inaction resulted in the patient’s injury.
For example, medical malpractice can occur when a doctor:
- Misdiagnoses an illness.
- Prescribes the wrong medication.
- Fails to detect cancer or other diseases.
- Makes surgical errors.
- Discharges a patient from the hospital too soon.
Not all bad health outcomes are medical malpractice. The key is whether the provider failed to meet the expected standard of medical care. Per Florida Statutes § 766.102(3)(b), “…the existence of a medical injury does not create any inference or presumption of negligence against a health care provider…”
How Much is a Medical Malpractice Claim Worth?
The average payment for medical malpractice settlements and verdicts in Florida is $314,687, but we have recovered millions of dollars for clients who suffered catastrophic injuries due to medical errors.
Patients with spinal cord injuries and brain injuries often win more compensation because of the long-term impact those injuries will have on the patient’s life and the expensive medical treatments and procedures the patient will need.
Fatal medical errors constitute wrongful death claims and often recover more compensatory damages.
How We Prove Medical Negligence
To prove your doctor or clinic was negligent, our legal team works with healthcare experts to identify any steps where negligence may have occurred.
We will analyze your medical records to find deviations from standard medical procedure or inconsistencies in the doctor’s treatment plan.
Our lawyers review studies and published research for evidence that other doctors in the field wouldn’t have made the same errors.
Our attorneys find medical experts willing to testify that the behavior of your healthcare provider was unreasonable and breached the professional standard of care.
A medical malpractice claim challenging a clinician’s judgment is 2.8 times more likely to win compensation than a case without clinical judgment issues, so we focus on decisions doctors made regarding your care.
To prove the compensatory damages you’re owed by the defendant, our attorneys will calculate the economic and non-economic damages caused by your injury.
Economic damages typically include lost wages and benefits due to inability to work and any costs you will incur due to the injury, like bills for medical procedures, surgery, medication, and specialized equipment you may need to purchase.
Non-economic costs in medical malpractice claims typically include pain and suffering, lost quality of life, and emotional trauma.
Through our comprehensive research and investigations, our malpractice lawyers enter settlement negotiations with leverage to persuade the defendant to settle for the amount of compensation you deserve.
If the defendant refuses to offer a reasonable settlement, we won’t hesitate to take your case to trial and fight for the full damages you’re entitled to.
Who Can Be Held Liable for Medical Errors?
In Florida, patients can sue any healthcare provider or medical facility whose negligence causes harm to a patient.
Most medical malpractice lawsuits are brought against physicians because they make the most decisions about patient care and are typically responsible for diagnosing illness and prescribing medication. 1 in 3 physicians has been sued for medical liability in the United States.
Surgeons are common defendants in medical malpractice cases because their jobs require accurate decision-making under pressure and injuries caused by surgical negligence are often severe.
Patients can also file suit against dentists, chiropractors, pharmacists, lab technicians, physician’s assistants, and any other individual who is considered a medical professional with a duty of care.
Can Sovereign Immunity Protect My Doctor From Liability?
However, Florida’s law of “sovereign immunity” protects individuals from being held personally liable if they’re acting as an “agent of the state”. Sovereign immunity generally applies to medical professionals at public hospitals and other medical facilities run by the government.
If a healthcare professional is protected by sovereign immunity, the patient will have to file suit against the government organization instead of the individual. In these cases, there are additional regulations and limitations on how much compensation can be recovered.
Sovereign immunity does not apply if a doctor acted in bad faith or malice.
Discuss your case with a medical malpractice attorney to determine if sovereign immunity may affect who you can file a claim against.
Negotiating with Malpractice Insurance Companies
Most hospitals and doctors pay thousands of dollars a year for medical malpractice insurance. When patients win medical malpractice claims, the compensation will be paid by the healthcare provider’s medical malpractice insurance company and won’t come out of the doctor’s pocket.
In most cases, doctors are found liable because they make the most decisions about patient care and are ultimately responsible for diagnosing illness, prescribing medication, and performing surgery.
A medical facility or hospital can be found liable if the patient’s injury occurred due to organizational or logistical problems like staff shortages or poor patient monitoring processes.
However, nurses, dentists, therapists, pharmacists, and other healthcare workers can also be held liable for negligent errors.
Contact Our Medical Malpractice Lawyers for a Free Consultation
You deserve compensation for your injuries and our experienced malpractice lawyers are here to help.
Schedule a free consultation to discuss your case with a medical malpractice lawyer at Vanguard Attorneys.