Filing a Medical Malpractice Lawyer in Tampa, FL
Medical malpractice occurs when a doctor, nurse, specialist or other medical professional acts or fails to act in a way that causes harm to a patient they are treating. To prompt a medical malpractice lawsuit, a medical professional’s actions could be intentional, willfully reckless, negligent, or simply a failure to act when he or she should have. Hospitals and medical centers can also be sued for medical malpractice. Patients should not have to suffer at the hands of those who have been entrusted with providing medical care, and victims who have endured suffering should be compensated.
An experienced medical malpractice attorney at Armando Personal Injury Law Firm can sit down with you and discuss the details of your case to determine what steps to take next. We can visit you at home or in the hospital, just reach out to us and we will be there to help.
Common Examples of Medical Malpractice
Medical malpractice is an expansive area of law because so many different types of medical malpractice exist. A handful of causes for medical malpractice lawsuits include:
- Incorrect diagnosis.
- Errors made during surgery (e.g., an operation was performed on the wrong patient, or to the incorrect body part).
- Medication errors and wrong prescription dosage (e.g., incorrect dosage, incorrect medication, or incorrect administration route).
- Errors made during the administration of anesthesia.
- Failure to heed allergy.
- Failure to disclose potential complications of treatment, medication, or equipment.
- Birth-related injuries.
- Negligent post-procedural care.
- Post-procedural infections, sepsis, or complications.
Florida Statute of Limitations for Medical Malpractice Lawsuit Claims
There is a limited window of time in which victims of medical malpractice can bring their claim to court and be heard in Florida. This is referred to as a statute of limitations. In medical malpractice cases in Florida, injured patients have two years from the date that they discover that the injury occurred, or when they should have discovered that the injury occurred. However, at the latest, an injured patient has four years from the date of when the malpractice took place to file a medical malpractice claim (because sometimes an extension is made during special circumstances).
An exception to the statute of limitations exists if the doctor, medical professional or health center fraudulently concealed their medical malpractice. This could include intentionally deceiving the patient so that the patient cannot learn of the malpractice. An example of this would be consistently providing treatment for a false or incorrect diagnosis, even once the doctor realized that there had been a mistake with the original diagnosis.
In a situation involving fraudulent concealment, victim patients have two years from the date of discovery of the fraud to file a medical malpractice claim, and at the latest must file a claim within seven years from when the fraud occurred.
When a trusted medical professional conceals their deliberate or negligent acts, causing a patient to die, they ned to be held accountable.
How Much Money Will I Get if I Win a Medical Malpractice Settlement?
Every case is different, and so are the settlement amounts. However, it is important to note the difference between punitive damages and non-economic damages (pain and suffering) in Florida.
Non-economic damages are financial settlements awarded for for pain and suffering and emotional distress. The state of Florida had placed a $1 million cap on the total of non-economic damages you could receive from a medical malpractice lawsuit. However, the Supreme Court of Florida recently ruled that such a cap violates the state’s Constitution.
You can lean more about the recent ruling, and how it will affect future medical malpractice suits, here:
Punitive damages are different; they are meant to punish the medical personnel or institution at fault for causing harm to a patient they were entrusted to care for. There is a $500,000 cap on regular punitive damage claims for medical malpractice in Florida. However, the cap can be extended to $2 million if the claimant proves that the medical caregiver or establishment’s knowingly harmed the patient for financial gain.
Difference Between Medical Malpractice And A Bad Result
When a doctor provides care, the doctor has a duty to provide reasonable care for patients. But sometimes even the best care cannot produce a great, or even desirable outcome. A number of medical conditions, accidents, and injuries can only be repaired or treated so much with modern medicine and technology, and some patients end up with a bad result. Sometimes their illness becomes worse despite the best efforts of the doctor and medical staff. Things like a misdiagnosis that leads to a patient’s death, or a medication error in a nursing home or hospital that causes a fatality are not simplay bad results; they are medical malpractice (aka negligence).
Sometimes there is nothing more a doctor can do for a terminally ill patient but to keep them comfortable, especially if they refuse more treatment. There is a difference between a bad result and medical malpractice. Medical malpractice needs to involve some sort of deliberately bad behavior or negligence on the part of the doctor in order to warrant a medical malpractice lawsuit.
Medical Malpractice Lawyer In Tampa, Florida
When you have suffered an injury due to medical malpractice in Tampa, you need the help of a tenacious and diligent attorney to help you stand up for your rights. The medical malpractice lawyers at Armando Personal Injury Law Firm want to see you get the financial compensation you deserve for your injuries, pain, suffering, and mental anguish. Please contact us today for help at (813) 906-1151 or by filling out an online appointment request form.