Healthcare providers are human and sometimes make mistakes. But their humanity doesn’t mean they aren’t liable for injuries they cause to patients through their negligence. Medical malpractice claims are technical and require additional investigations to file a claim against a person or provider. Working with a skilled Tampa medical malpractice attorney is the best way to understand the nuances of Florida laws and recover money for your injuries and damages.
How Do I Prove Medical Malpractice?
Patients can’t sue their healthcare provider for every treatment that results in a negative health outcome. Medical malpractice happens when a healthcare provider is negligent in providing care. To recover compensation for malpractice, you must prove the following legal components.
Duty to Provide a Standard of Care
Florida law requires healthcare providers to provide each patient with the same standard of care. The standard of care is measured by comparing whether another healthcare provider with equivalent training and experience would have used similar tests and treatment options on a patient with comparable symptoms. To show the provider had a duty, a patient must establish they were seeing the healthcare provider for treatment.
Breach of Standard of Care
A healthcare provider does not necessarily breach the standard of care if the patient suffers known or reasonably foreseeable treatment complications. To determine the standard of care was breached, a patient must show their healthcare provider failed to take all reasonable steps another provider would have taken to treat the patient and mitigate complications.
Causation
Causation is often the most challenging legal component in a medical malpractice case. There are some situations where causation is apparent. For example, if a healthcare provider leaves a foreign object in a patient, the object’s existence is enough to prove the provider’s breach of care caused the injury. Generally, however, the presence of an injury itself isn’t enough to prove the healthcare provider’s breach of care directly caused the injury.
To prove causation, medical malpractice attorneys in Florida must consult with licensed healthcare providers who can advise on the specific actions and decisions of the treating provider that didn’t align with the standard of care and how those actions caused the patient’s injury. Attorneys often have consulting healthcare providers testify in court as expert witnesses to support the claim.
Damages
Finally, a patient needs to prove they suffered damages from the injury. Damages can be awarded for past and future medical expenses, lost wages, pain and suffering, and emotional distress. It’s important for the claim to be as detailed as possible to try to recover the maximum amount of compensation.
Causes of Medical Malpractice
Numerous medical procedures and processes can result in a medical malpractice claim. Frequently, injuries that trigger a medical malpractice claim result from:
- Misdiagnosis,
- Surgical errors,
- Prescription medication errors, and
- Labor and delivery complications.
Consult with seasoned medical malpractice attorneys in Tampa to learn if your injuries qualify for a medical malpractice claim.
How Long Do I Have to File a Medical Malpractice Claim?
Generally, you must file a medical malpractice claim within two years after the date your healthcare provider injured you. If your injury isn’t immediately discoverable, you may be able to file a malpractice claim up to four years after the injury occurred. It’s important to talk with a Tampa medical malpractice attorney as soon as possible after you’re injured to protect your rights to compensation.
Types of Compensation for Damages a Tampa Medical Malpractice Lawyer Can Help You Secure
Damages in medical malpractice claims generally fall into two categories—economic and noneconomic. Economic damages are easy to calculate and value, such as:
- Hospital bills,
- Doctor’s visits,
- Physical therapy, and
- Lost wages.
Noneconomic damages compensate patients for injuries that are harder to assess and value, including:
- Disfigurement,
- Physical impairment,
- Loss of enjoyment of life, and
- Pain and suffering.
Florida laws don’t limit the amount of economic damages you can recover, but there is a limit on noneconomic damages in medical malpractice cases.
Limitations on Noneconomic Damages
In 2017, the Supreme Court of Florida struck down state laws limiting noneconomic damages in medical malpractice claims. The court ruled the limits violate Florida’s Equal Protection Clause because patients with lifelong injuries can’t recover the appropriate amount of compensation.
Who Can Be Liable in a Medical Malpractice Claim?
Medical care often involves many different professionals and institutions, and liability may extend to more than one party depending on the circumstances of your claim.
Doctors and Surgeons
Physicians are often the first individuals considered in malpractice cases. If a doctor misdiagnoses a condition, makes a surgical error, or fails to order the proper tests, they can be held accountable when that negligence results in injury. Surgeons, in particular, face liability for mistakes made during operations, such as performing surgery on the wrong site or leaving instruments inside a patient.
Nurses and Other Healthcare Staff
Nurses, anesthesiologists, and other licensed professionals play vital roles in patient care. Administering the wrong medication, failing to monitor vital signs, or miscommunicating critical information can cause serious harm. In such cases, the individual staff member and sometimes their employer may be liable.
Hospitals and Medical Facilities
Hospitals, clinics, and urgent care centers can also bear responsibility. These institutions must ensure adequate staffing, safe facilities, and properly trained employees. If negligence occurs because of poor hiring practices, unsanitary conditions, or systemic failures, the hospital itself may be named in a malpractice lawsuit.
Pharmacies and Pharmacists
Pharmacists may be liable if they dispense the wrong medication, provide incorrect instructions, or fail to recognize dangerous drug interactions. Because patients rely on accurate prescriptions for their safety, errors at the pharmacy level can be devastating.
Medical Device Manufacturers
In some cases, liability may extend beyond medical providers. If a defective medical device contributes to injury, the manufacturer may face responsibility under product liability law.
By carefully investigating every aspect of your treatment, our experienced Tampa medical malpractice lawyer can determine all potentially liable parties to maximize your chances of securing full compensation.
Wrongful Death in Medical Malpractice
When medical negligence leads to the loss of a loved one, families face not only overwhelming grief but also serious financial and emotional challenges. Under Florida law, certain family members may file a wrongful death claim if a healthcare provider’s error caused a preventable death. These claims are especially complex in medical malpractice cases, where proving negligence requires expert testimony and a thorough review of medical records.
Who Can File a Claim
In Florida, the personal representative of the deceased’s estate brings the wrongful death lawsuit on behalf of surviving family members. Eligible beneficiaries typically include a spouse, children, parents, or other dependents.
Recoverable Damages
Compensation may cover both economic and noneconomic losses, such as:
- Final medical bills and funeral expenses;
- Loss of the deceased’s income and benefits;
- Loss of companionship, guidance, and emotional support; and
- Mental pain and suffering experienced by close family members.
Having a skilled Tampa medical malpractice attorney on your side helps protect your family’s rights, meet deadlines, and build the strongest possible case to honor your loved one’s memory and secure justice.
What Steps to Expect in the Process
At James Horne Law, we prioritize keeping you informed through every part of the process. While every medical malpractice case is unique, here is a general outline of what you can expect.
Initial Consultation
Your first step is meeting with a Tampa medical malpractice lawyer to review what happened. The attorney will listen to your story, evaluate the facts, and determine whether malpractice may have occurred.
Medical Record Review
If the case proceeds, your lawyer will obtain and analyze your medical records. These are carefully reviewed—often with the help of medical experts—to identify where the standard of care was breached.
Pre-Suit Investigation
Florida law requires a thorough investigation before filing. Your attorney will consult experts to confirm negligence and prepare a notice of intent to sue, which is sent to the healthcare providers involved.
Negotiation and Response
The defendants have a set period to respond. During this time, there may be opportunities for settlement discussions. Many cases resolve here, but if not, the claim moves forward.
Filing the Lawsuit
If no settlement is reached, your attorney files a formal lawsuit in court. This begins the litigation process, including discovery, depositions, and potentially trial.
At each step in the process, we help you make informed decisions. We do the hard work so you can focus on healing.
Evidence We Gather for Your Medical Malpractice Claim
Building a strong medical malpractice case in Florida requires more than simply stating that a mistake occurred. To succeed, you must provide clear, compelling evidence that a healthcare provider’s negligence directly caused your injury or your loved one’s death. Our Tampa medical malpractice lawyers conduct thorough investigations and gather every piece of proof needed to support your claim.
This can include:
- Medical records. We obtain complete hospital and physician records, test results, prescriptions, and treatment notes to identify where the standard of care was breached.
- Expert testimony. Florida law requires input from qualified medical experts. We work with leading specialists who review your case, confirm negligence, and explain complex medical issues to the court.
- Witness statements. Family members, caregivers, or other witnesses can provide critical insight into how your condition changed due to malpractice.
- Employment and financial records. To calculate damages, we collect evidence of lost wages, reduced earning capacity, and the economic impact of your injury.
- Documentation of harm. We also gather photographs, journals, and testimony that reflect your pain, suffering, and long-term medical needs.
By carefully assembling this evidence, we create a powerful case to hold negligent providers accountable and pursue maximum compensation for you.
Frequently Asked Questions
How Much Does It Cost to Hire a Tampa Medical Malpractice Lawyer?
Most Tampa medical malpractice attorneys work on a contingency fee basis, meaning you pay nothing up front. The lawyer only gets paid if they successfully recover compensation for you.
What If I Signed a Consent Form?
Signing a consent form does not excuse negligence. While consent acknowledges that certain medical risks exist, it does not allow providers to act carelessly or fall below professional standards of care.
How Long Does a Malpractice Case Take?
The timeline varies. Some claims settle within months, while others—especially those that proceed to trial—may take years. The length depends on the complexity of the case, the number of defendants, and whether settlement negotiations are successful.
Will My Case Go to Trial?
Many medical malpractice claims are resolved through settlement. However, if the defendant refuses to offer fair compensation, your attorney may recommend going to trial to pursue justice.
What Is the Difference Between Malpractice and a Bad Outcome?
Not every negative result is malpractice. Sometimes patients suffer complications even when proper care is given. Malpractice occurs only when the provider’s negligence or failure to meet accepted medical standards causes harm.
Contact Us Today to Discuss Your Injuries
James Horne Law PA is dedicated to helping injured clients recover money that allows them to heal and move forward in life. James Horne isn’t your typical Tampa medical malpractice attorney. He enjoys going to trial and will fight for maximum compensation for your injuries. We’re committed to offering every client attention and personalized representation to address the unique aspects of your injuries.
Contact us today to learn more about how we can help you.