You may have the right to take legal action and demand compensation if you’ve been the victim of medical malpractice in Tampa, Florida. Contact Winters & Yonker Personal Injury Lawyers to discover how our Tampa medical malpractice lawyers can help you stand up and fight to get maximum damages for your injuries and suffering.
Since 2001, our award-winning Florida trial attorneys have been fierce advocates for injury victims and grieving families.
Collectively, our team has over 119 years of experience and has helped clients like you recover millions of dollars in meaningful financial awards in cases related to product liability, premises liability in Tampa, catastrophic injuries, Tampa burn injuries, and many other personal injury related matters.
Don’t be afraid to take on the doctor who caused your injury, the hospital where the malpractice occurred, or the insurance company responsible for your payout. Put our top-rated Tampa law firm in your corner, and let us take on the fight for you. We offer a free consultation, so contact us at (813) 223-6200 to arrange a time for yours today.
How Winters & Yonker Personal Injury Lawyers Can Help With Your Tampa Medical Malpractice Claim
How can you prove that your doctor was negligent? What exactly do you have to establish to win your medical malpractice lawsuit? Our trusted Florida personal injury lawyers are here to help you fight to get the compensation you deserve.
Winters & Yonker Personal Injury Lawyers has helped clients like you tell their stories and stand up to powerful insurance companies and hospitals for over two decades. We don’t just level the playing field for our clients; we give them the edge they need to win their personal injury cases.
While we invest whatever time and resources are necessary to get top results, it gives you the time you need to focus on getting better and moving forward.
As we handle your medical malpractice claim, our team will:
- Investigate the circumstances surrounding your injury
- Obtain a pre-suit affidavit from a medical professional to support the claim that you have been the victim of medical negligence
- Consult with experts and specialists as we analyze evidence, build your case, and assess its value
- Subpoena records and witnesses
- Gather evidence to support your claim for damages
- Handle negotiations with the hospital, its insurance carrier, and other parties on your behalf
- Prepare your case for trial in the event that the hospital refuses to extend a fair settlement offer
Our medical malpractice attorneys in Tampa, FL, work on contingency. There’s no upfront or out-of-pocket cost to hire our law firm. Instead, we only get paid if we win your case. When we win, our fee is simply a pre-agreed-upon percentage of your financial recovery.
What is Medical Malpractice?
Medical malpractice, or medical negligence as it’s often referred to, means that a doctor or healthcare provider fails to exercise the level of care that is expected of them and causes an injury or death.
So what’s the standard of care in medical malpractice cases? What’s expected of the healthcare providers we entrust with our health, safety, and lives every day?
Under Florida Statute §766.102, the standard of care is defined as the “level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”
In other words, would you have gotten hurt if another provider in the same specialty had been in charge of your care? Would that other provider’s approach to your care kept you healthy and safe? If so, your doctor may not have satisfied the standard of care expected of them under Florida state law and, in turn, may be liable for your injuries.
How Common Is Medical Negligence?
Medical errors and mistakes are one of the leading causes of avoidable injury and death across the United States. A Johns Hopkins University study found that medical malpractice is responsible for 250,000 deaths annually – making it the country’s third leading cause of death.
One survey found that one out of every five Americans is the victim of a medical error. According to the American Medical Association, one out of every three healthcare providers will be sued for malpractice at some point in their careers.
What Are Examples of Medical Malpractice?
Doctors are among the most educated and well-trained professionals in the world. Still, they make mistakes. Often, these mistakes are a result of fatigue, miscommunication, and understaffing. In some cases, medical errors occur because caretakers refuse to listen to patient concerns or take complaints of pain or discomfort seriously.
These behaviors can lead to some common examples of medical errors and negligence:
- Failure to diagnose
- Improper diagnosis
- Delayed diagnosis
- Medication error
- Surgical error
- Anesthesia error
- Failure to treat
- Improper treatment
- Leaving an object in the body after surgery
- Premature discharge
- Birth injury
- Failure to monitor
When a doctor or healthcare provider makes an error, the consequences can be catastrophic. Victims can have their lives changed forever, all because of an avoidable mistake. When this happens, Winters & Yonker Personal Injury Lawyers is there to help victims pick up the pieces and demand accountability from anyone who shares fault.
Who Can Be Liable In a Medical Malpractice Claim in Tampa, Florida?
It’s not just the doctor or provider who makes the mental mistake or physically inflicts an injury that can be on the hook for damages.
Under Florida law, anyone who contributes to or shares responsibility for an act of medical negligence can be liable.
Potentially liable parties might include:
- Primary care physicians
- Emergency room physicians
- Medical specialists, including oncologists or OBGYNs
- Nurse practitioners (NPs)
- Physician assistants (PAs)
- Hospital staff
- Hospital administration
- Urgent treatment centers
- Medical device manufacturers
Winters & Yonker Personal Injury Lawyers will carefully assess your situation and determine who was involved in your care or responsible for hiring your medical team. Our medical malpractice lawyers in Tampa will get to the bottom of what happened and work to hold all responsible parties fully accountable for your suffering.
What Damages Are Available to Victims of Medical Negligence in Tampa, FL?
As the victim of medical negligence in Florida, you can generally file a claim to recover economic damages and non-economic damages.
Economic damages are awarded to make you financially whole.
Common examples include:
- Hospitalization and current medical expenses
- Ongoing medical treatment and future medical bills
- Nursing assistance
- Medical devices and equipment
- Lost wages and income
- Out-of-pocket costs, including expenses related to medical travel
Non-economic damages are awarded to make up for the changes to your life that don’t have a set financial cost or value.
Common examples include:
- Post-traumatic stress disorder (PTSD)
- Mental anguish
- Chronic physical pain
- Loss of enjoyment of life
- Loss of consortium
If you lose a loved one because of a deadly medical error, surviving family members may also be entitled to damages in a wrongful death lawsuit to cover the costs of a funeral, lost financial support, and suffering.
Is There a Time Limit for Filing a Medical Malpractice Lawsuit in Tampa, Florida?
Yes, you’ll typically have two years to file a medical malpractice lawsuit in Tampa, Florida. The statute of limitations begins to run on the date of the malpractice or the date the injury is discovered, whichever is later. However, the state also has a four-year statute of repose, which prevents most claims from being brought more than four years after the negligent medical act.
The deadline extends to seven years when there is evidence that the malpractice was concealed or the result of fraud or intentional misrepresentation.
Once the statute of limitations expires, so does your opportunity to hold your doctor, the hospital, and other parties accountable. Don’t hesitate to begin your pursuit of compensation immediately by contacting our medical malpractice attorneys in Tampa immediately after you discover your injury.
Schedule a Free Consultation With a Trusted Tampa Medical Malpractice Lawyer
Have you or a loved one been the victim of medical malpractice in Tampa, Florida? Are you struggling with a serious health condition or injury because your doctor made a mistake? Contact Winters & Yonker Personal Injury Lawyers to discover how our Tampa medical malpractice lawyers can help you fight for the financial recovery you deserve.
Benefit from 119+ years of experience and an award-winning team of litigators that’s won millions for clients like you.
We offer a free case evaluation and are standing by to provide the assistance you need right now. Call to set up a time to discuss your case with a member of our team today.
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