Tampa Medical Malpractice Lawyer
To err is human, but when that error is made by a medical professional, and it ends up causing harm, an apology is simply not enough. In fact, hospitals, doctors, and other medical workers and institutions are unlikely to even admit to making a mistake because to do so would be an admission of negligence. The truth is, doctors, anesthesiologists, and surgeons make life-threatening mistakes more often than you probably realize. The Tampa medical malpractice lawyers at Freidin Brown, P.A. have been shedding light on these tragic errors for more than 45 years, enabling our clients to recover significant compensation in medical, pain and suffering, loss of joy of life, and other damages.
Types of Medical Malpractice Claims We Handle
- Anesthesia Error
- Birth Injury
- Cancer Malpractice
- Doctor Error
- Failure to Diagnose Cancer
- Failure to Diagnose Stroke
- Fetal Heartbeat Malpractice
- Heart Attack Malpractice
- Hospital Error
- Medication Error
- Misdiagnosis
- Nursing Error
- Preventable Suicide
- Surgical Error
Damages in a Medical Malpractice Claim
A medical malpractice claim is a legal demand for compensation. The other party (the plaintiff’s insurance company) has the right to either refuse the claim outright, or to negotiate a smaller amount. Most medical malpractice claims are settled out of court between the two parties. However, in some cases a lawsuit is filed, though even if a medical malpractice lawsuit is filed, there is still time for the two parties to negotiate a settlement and keep the matter out of the courtroom. But if the plaintiff is not satisfied with the other party’s highest terms, our lawyers are prepared to try the case in court before a judge. As a victim of medical malpractice, you are able to seek the following damages in a claim/lawsuit:
- Medical expenses
- Ongoing and future medical costs
- Lost wages
- Lost earning capacity
- Pain and suffering
- Loss of joy of life
- Emotional distress
Thanks to lobbying by medical groups and insurance companies, Florida used to cap non-economic damages (emotional distress, pain and suffering, etc.) to $500,000 in most medical malpractice claims, and $1 million when death or catastrophic injury occurred. However, these non-economic caps were deemed unconstitutional in 2017 and these caps no longer apply. As such, non-economic damages are often the largest financial piece of serious medical malpractice claims in which the victim suffers permanent or debilitating injuries.
Proving Negligence And The Medical Standard of Care
In order for a medical malpractice claim to be triumphant, you need to establish:
- The plaintiff’s legal duty of care
- That a breach of that duty occurred
- That you suffered an injury
- And that the breach of duty of care caused your injury
When it comes to duty of care, healthcare providers must abide by a “standard of care.” This standard of care refers to the level of medical care a reasonably competent provider would provide for a certain illness/injury in their region. This means that Tampa Doctor A and Tampa Doctor B should essentially give the same type of medical service to their respective patients if those patients have similar injuries and are of the same age and health.
Call a Tampa Medical Malpractice Lawyer Today
Whether you or a loved one were the victim of medical incompetence, the Tampa medical malpractice lawyers at Freidin Brown, P.A. are here to help. We have been fighting for the rights of our clients for more than 45 years. Call us today at 888-677-7764 to schedule a free consultation.
