Tampa Medical Malpractice Lawyer

Tampa Medical Malpractice Attorney

Patients who experience medical malpractice face devastating consequences, including injuries, emotional distress, and financial challenges. Residents of Tampa depend on top medical institutions such as Tampa General Hospital and St. Joseph’s Hospital to receive proper care. When these institutions are negligent, it leads to broken trust and compensation for victims. In these personal injury cases, a Tampa medical malpractice lawyer can help.

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813-750-0422

7269 Bucks Ford Dr.
Riverview, FL 33578

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Choosing a Lawyer You Can Trust

The Frank Santini Law Firm adopts a relentless client-first strategy in handling medical malpractice cases. Our team has 16 years of legal experience and knowledge about Florida healthcare laws, which enables us to confront hospitals, insurance companies, and negligent providers to hold them accountable.

By managing our caseload, we ensure your case receives focused attention while you get direct access to your attorney without gatekeepers or runaround. Our legal team provides urgent and compassionate representation for clients affected by surgical errors resulting in lifelong complications or the negligent loss of a loved one.

Medical Malpractice in Florida

Healthcare providers commit medical malpractice when their actions stray from standard care practices, which subsequently harm patients. The departure from accepted practices arises because of mistakes made during diagnosis, treatment administration, aftercare services, or health management procedures. The legal system in Florida acknowledges the serious effects of medical negligence while offering legal options to victims to obtain justice.

In 2023, Florida reported 1,217 medical malpractice cases, resulting in $389.4 million in payouts. Florida was ranked third in payouts, with the number one and two spots going to New York ($616 million in payouts) and Pennsylvania ($456 million in payouts), respectively.

Institutions such as Tampa General Hospital and the University of South Florida Health operate within Tampa’s dynamic healthcare scene, which caters to its expanding and varied demographic. These healthcare centers deliver necessary services, yet even they experience cases of medical negligence.

Common Types of Medical Malpractice

There are many types of medical negligence that can lead to malpractice claims. Some of the most common types of medical malpractice in Tampa include:

• Diagnosis errors. This includes misdiagnosis and delayed diagnosis. When a facility fails to properly diagnose a condition, it can worsen over time. For example, if a doctor fails to deliver a cancer diagnosis, a patient can experience worsening symptoms that could have been avoided had the diagnosis occurred earlier.
• Anesthesia errors. Inadequate anesthesia administration carries serious risks, including brain damage or paralysis, and can result in death.
• Surgical errors. Operating on the wrong site and leaving surgical instruments inside patients during surgery leading to severe complications.
• Medication errors. If patients receive incorrect medication or incorrect dosages, they can experience harmful side effects, which may extend their illness or result in death.
• Birth Injuries: Medical negligence during delivery can lead to significant defects in babies, diminishing the child’s overall quality of life.

How to Prove a Medical Malpractice Case

A successful medical malpractice claim requires proof of three essential elements, including negligence on behalf of the provider, evidence of injury to the patient, and direct causation between the negligence and the injury. You must show that your healthcare provider did not meet the required medical standards. A professional witness must describe the accepted standard of care and demonstrate how your provider violated it, resulting in a breach of care standards.

Simply proving negligence isn’t enough, though. The claimant has to demonstrate that they sustained injuries or harm. You could show harm by demonstrating that your initial condition deteriorated, or you acquired a new health problem or injury that made your condition worse after receiving treatment. The plaintiff needs to demonstrate that their injuries resulted directly from their healthcare provider’s negligent actions.

The legal definition indicates your injuries would not have happened if your provider had delivered appropriate care. Establishing causation remains simple in straightforward instances but becomes difficult when dealing with complex medical cases.

Understanding the Duty of Care in Florida

Healthcare providers in Florida, including doctors, nurses, surgeons, and hospitals, have a legal obligation to maintain a “duty of care” for their patients. Healthcare providers should deliver medical care equivalent to what a reasonably skilled medical professional with comparable training would deliver under similar conditions.

Once a professional-patient relationship develops, healthcare providers must maintain their duty of care throughout every aspect of treatment, including diagnosis, prescription, surgical procedures, and post-operative care.

If a medical professional breaches their duty, it does not necessarily mean they made an error, but it may indicate that their level of care was below accepted medical standards. A breach can only be confirmed when a qualified medical professional testifies about the appropriate standard of care and shows how the provider failed to meet that standard.

Types of Damages in a Medical Malpractice Case

When a victim suffers injury and/or damages in a medical malpractice case, they may be entitled to recover certain damages. These damages include:

• Economic damages. Economic damages account for concrete losses, including medical bills, rehabilitation fees, lost income, and future earning potential.
• Non-economic Damages. These damages focus on intangible losses, including pain, suffering, emotional distress, and loss of life enjoyment.
• Punitive damages. The legal system allows for punitive damages to be granted against those who exhibit gross negligence or intentional misconduct as a means to punish and prevent similar behaviors.

Legislative caps on non-economic damages have changed over time because of legal challenges and reforms, while economic damages remain uncapped.

How a Medical Malpractice Lawyer Can Help

Successfully managing a medical malpractice claim requires both legal experience and medical knowledge to properly understand standards of care. Victims need a competent medical malpractice lawyer to help them obtain justice and receive equitable compensation.

At the onset of the case, an attorney performs a comprehensive investigation through a review of medical records and consultations with professional witnesses to determine breaches in standard care practices. Florida law dictates a pre-suit process, which requires informing the healthcare provider and obtaining an affidavit from a qualified medical professional who validates the claim.

A skilled attorney manages all procedures for the client while guaranteeing compliance with the stringent procedural rules of Florida. After investigating a case, attorneys use their negotiation skills to confront insurance companies because these companies tend to minimize their payout amounts. Your attorney can initiate litigation proceedings when an acceptable settlement offer is not made by the opposing party.

The Frank Santini Law Firm commits to delivering personalized, aggressive representation in our fight for compensation, accountability, and justice for each client we represent.

Timeline of a Medical Malpractice Claim in Florida

When filing a medical malpractice claim in Florida, individuals usually have to follow a general timeline to receive compensation. While each claim is different and may deviate from the typical process, the claims process usually progresses as follows:

• Discovery of injury. Florida law sets a statute of limitations that begins when the injury is discovered or when it reasonably should have been discovered through proper diligence.
• Pre-suit investigation. A claimant must wait 90 days before filing a claim, during which time they need to inform the healthcare provider about their intent to file a claim and submit a medical professional’s affidavit to substantiate the claim.
• Filing the claim. The claimant must initiate legal proceedings within the statutory period if the matter remains unresolved after the pre-suit phase.
• Litigation process. The litigation process encompasses discovery procedures, depositions, and possible trial stages, which may prolong the schedule based on how complex the case is.

FAQs About Tampa, FL Medical Malpractice Laws

What Is the Average Settlement for a Medical Malpractice Claim in Florida?

The average amount of medical malpractice settlements in Florida depends on injury severity, long-term effects, and case strength. Settlements for medical malpractice cases usually result in modest amounts, but cases with permanent disability or death may yield six- or seven-figure settlements. A lawyer can help you fight for the maximum settlement.

What Are the Odds of Winning a Medical Malpractice Claim?

Medical malpractice cases present significant challenges to plaintiffs because providers tend to win the majority of contested cases. Most valid claims reach a settlement before trial when supported by substantial evidence and professional testimony.

Winning medical malpractice cases depends on demonstrating a clear violation of medical care standards that directly caused harm to the patient. Your chances of winning increase dramatically when you work with an experienced lawyer who meticulously prepares and presents your case.

What Qualifies as Medical Malpractice in Florida?

Medical malpractice happens in Florida when healthcare providers perform below the accepted standard of care, leading to patient injury or death. Patients may experience misdiagnosis, surgical mistakes, medication errors, or delayed treatment, which are typical medical malpractice cases. The negligence that results in measurable harm qualifies for legal action instead of just resulting in poor outcomes or patient dissatisfaction.

Can I File a Claim Against a Hospital for Medical Malpractice?

Yes, you can file a claim against a hospital for medical malpractice. A hospital faces malpractice liability when a worker commits negligence or when the institution neglects staff supervision, safety maintenance, or staff vetting protocols.

Hospital liability cases can emerge from surgical mistakes or substandard emergency room care, along with insufficient staffing levels. Legal counsel can assist you in establishing whether the healthcare facility holds liability for your situation.

Contact The Frank Santini Law Firm Today

If you or a loved one suffered damages because of medical malpractice, The Frank Santini Law Firm can help you seek the justice you deserve. Contact us today to get started.