Medical Malpractice

Medical malpractice happens far more often than many people think. In fact, medical negligence is right behind heart disease as the third leading cause of death in the United States. In 2017, medical malpractice accounted for an average of $3.8 billion in medial payouts.

What’s Medical Malpractice?

Medical malpractice occurs through negligent actions of healthcare professionals, causing harm to a patient. Common types of malpractice include but aren’t limited to:

  • Failure to diagnose or misdiagnose, which can cause months or even years of personal misery
  • Misreading or ignoring laboratory results, which are crucial to correct diagnosis
  • Unnecessary surgery, resulting in thousands of dollars lost to the hospital
  • Surgical errors or wrong site surgery, typically caused by confusing necessary patient files
  • Improper medication or dosage, leading to problems functioning day-to-day
  • Poor follow-up or aftercare, necessary for conditions requiring prolonged monitoring
  • Premature discharge that can lead to a resurgence of the initial problem
  • Disregarding or not taking appropriate patient history, vital details for any treatment
  • Failure to order proper testing that yields the results needed for diagnosis
  • Failure to recognize symptoms, which is a sign of incompetent care

These oversights may be unintentional, but they are considered malpractice under the law if they qualify as a violation of standard care, if they were caused by negligence, and if the injury resulted in significant damages. Below is an overview of each of these requirements:

  • Violation of Standard Care: The law recognizes universal standards that healthcare professionals judge acceptable. Under these guidelines, known as the Standard of Care, you the right to expect consistent healthcare and may establish negligence if the standard has not been met.
  • Injury caused by negligence: Additionally, you can prove negligence caused an injury. There is no case with only an unfavorable outcome.
  • Injury resulted in significant damages: Since malpractice lawsuits are expensive, you can prove you’ve sustained a significant cost — whether monetary or health-based. Substantial medical bills, suffering and hardship, loss of income, and/or disability would establish a case.

Hold them to a standard

Reach out now

Medical Malpractice in Florida

You should consider the time limit and pre-suit requirements in the state of Florida before filing your lawsuit.

  • You must file the lawsuit within two years of discovering the injury or, at the latest, four years from when the malpractice occurred.
  • Before filing, you’re required to serve a notice of intent to sue, which requires an affidavit from a medical professional stating you have a valid claim.
  • After June 2017, damages relating to hardship and suffering were capped at $500,000, while damages from death or a vegetative state capped at $1,000,000. However, in
  • June 2017, the Florida Supreme Court ruled these caps to be unconstitutional and arbitrary — now you have no cap to consider.
  • It can be daunting pursuing a medical malpractice lawsuit, but there’s no denying what you’re entitled to — especially if you’ve suffered due to medical negligence.

Medical Malpractice Attorneys in Greater St. Petersburg, FL

Far too often medical malpractice issues go overlooked, and we want to help you get what you’re entitled to. We represent medical malpractice clients in the greater St. Petersburg area, including Tampa, Clearwater, Pinellas County, and Hillsborough County. Reach out if you want to work directly with us in tackling your negligence case and standing up for what’s right.