When medical providers make oversights in a diagnosis or provide poor patient care, a medical malpractice claim can be filed to earn justice and compensation for damages potentially.
Suppose you believe a medical provider in Tampa, FL failed to provide you with an acceptable standard of care. In that case, you may be entitled to file a medical malpractice claim under the basis of negligence. A Tampa medical malpractice lawyer from the Law Offices of Anidjar & Levine may be able to investigate your condition to determine if your doctor or medical provider made a costly mistake that could have been prevented.
To learn more about taking legal action in Tampa against a liable and at-fault medical provider, call the Law Offices of Anidjar & Levine today at 1-800-747-3733 for a free consultation.
Forms of Medical Malpractice
No matter the type of condition you had at the time of your visit to a health care provider, their oversight could leave you with ongoing health problems. Additionally, these mistakes could have cost your loved one’s life. Many forms of medical malpractice can range from surgical errors to providing inadequate follow-up care.
Other types of medical malpractice may include but are not limited to:
- Misdiagnoses
- Delayed diagnoses
- Pregnancy errors
- Childbirth injuries
- Prescription errors
- Anesthesia errors
Taking Legal Action for Medical Malpractice in Tampa
To begin pursuing justice and compensation for your medical malpractice case, your medical malpractice lawyer will begin a liability claim. This type of claim may result in insurance settlement negotiations or a personal injury lawsuit. If your loved one was killed by medical malpractice, your family can also file a wrongful death lawsuit.
How do we decide whether to settle out of court or bring your case to trial? This decision is influenced by many factors, including but not limited to:
- Whether or not the liable party expresses a willingness to negotiate in good faith
- How and when your injury happened
- Whether or not your case is strong enough to stand up in court
- Which avenue we feel is most likely to yield the highest possible amount of compensation
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Filing Your Medical Malpractice Case in Time Is Vital
Should your case require a personal injury lawsuit, Florida typically requires claimants to submit their lawsuit within four years from the date of their underlying accident or condition, according to Florida Statutes § 95.11.
This is known as the statute of limitations, and if you fail to file within this time frame, a judge may dismiss your case if you are seeking a wrongful death lawsuit, Florida Statutes § 95.11 states that a family representative will have up to two years to file a lawsuit.
When building a medical malpractice claim, you must determine the party responsible for your injuries and collect all relevant evidence against them. Florida Statutes § 766.104 explains that medical malpractice claimants must consult with another medical expert to determine if the accused medical provider violated the accepted standard of care.
Personal Injury Versus Wrongful Death
Personal injury cases differ from wrongful death cases in some ways. The main difference is that a Tampa personal injury lawyer can file suit on their own behalf. In contrast, wrongful death cases are filed by relatives or legal representatives of the deceased.
Whether you file a personal injury or a wrongful death case, the Law Offices of Anidjar & Levine want to help.
Ways to Earn Compensation for Your Medical Malpractice Damages
Once the defendant’s insurance company has reviewed the claim, they will conduct their own investigation into your injury and condition. From here, both the defendant and your Tampa medical malpractice attorney can work towards an insurance settlement that adequately covers the value of your damages.
Recoverable damages that you may include in your medical malpractice claim may include but are not limited to:
- Current and future medical expenses
- Rehabilitation and physical therapy
- Long-term disability
- Transportation to medical providers or the emergency room
- Disfigurement or scarring
- Pain and suffering
- Emotional distress
- Loss of enjoyment
- Lower quality of life
- Punitive damages
While we strive to get clients a fair settlement, circumstances may compel us to take your case to trial instead.
If, for example, the defendant’s insurance company does not accept a fair settlement offer and denies your right to compensation, your Tampa medical malpractice attorney may file a personal injury lawsuit on your behalf. This will take your medical malpractice claim to court, where we will continue arguing your case while fighting for a favorable verdict.
How a Tampa Medical Malpractice Lawyer May Support Your Case
There are many reasons why a medical malpractice lawyer in Tampa may become an invaluable asset to your legal battle. While handling your case, your medical malpractice lawyer will also put your best interests first and protect your rights.
When looking to earn compensation, a lawyer can not only help you identify fair value but may also help you avoid insufficient settlement offers. Upon negotiating with the malpractice insurance company, the first offer may be below the true value of your case. Having a lawyer in your corner to review settlement offers will help prevent a doctor, lawyer, or insurance company from persuading you into accepting poor offers.
Here are some additional ways in which a medical malpractice lawyer may be able to support your case:
- Meeting with you to discuss your medical malpractice case from your perspective
- Fighting for a settlement or award that offers maximum compensation
- Obtaining evidence against the defendant
- Helping you pinpoint a liable party responsible for your medical malpractice
- Proving negligence existed
- Interviewing medical experts on your behalf
- Reviewing your medical documentation
- Determining fair compensation for your case
- Managing your medical malpractice case from start to finish
- Answering your legal questions
To learn more about working with a medical malpractice lawyer in Tampa, FL, call the Law Offices of Anidjar & Levine at 1-800-747-3733 for a free consultation.
We Work Hard for Our Medical Malpractice Clients
While building a strong case and fighting for fair compensation is very important, our team strongly believes that supporting our clients is just as vital. We know what a difficult time this is for you and your family. We want to make things easier for you by:
- Coming to visit you wherever you are in Tampa if you are unable to travel to any of our offices
- Helping you make doctor’s appointments and receive other forms of care
- Giving you your lawyer’s phone number and inviting you to call or text questions at any time
- Responding to all of your questions as swiftly as possible
- Taking as much time as necessary to explain things in a way that you understand
- Contacting you with updates on your case
Please let us know if there is anything else we can do to make it easier for you to file a lawsuit and get compensation from the liable party.
We Also Defer Attorney’s Fees
After suffering a medical malpractice injury, you may find yourself saddled with thousands of dollars in medical bills and debt. You may even be too severely injured to go to work and earn the money you need to pay those debts.
This is why the Law Offices of Anidjar & Levine take steps to reduce the legal expenses our clients have to worry about. For instance:
- We offer a free consultation to everyone who calls. It’s free, confidential, and places you under no obligation to hire us.
- We do not charge any attorney’s fees upfront. You do not have to pay us anything to get us to start work on your case.
- We work for a contingency fee. You only have to pay us attorney’s fees if and when you receive your compensation. Our payment hinges on your success.
Proving Negligence Was Responsible for Your Medical Malpractice Injuries
In order to build a successful medical malpractice claim in Florida, you must prove that the responsible party was negligent. Once negligence is established, medical malpractice liability can also be established against the at-fault party.
As outlined by the Legal Information Institute (LII), four elements of negligence must be established against your medical provider to move forward with your claim:
- Your medical provider owed you a duty of care
- Your medical provider breached this duty of care
- You suffered an injury or harm
- Your medical provider’s breach caused your injury
If several individual parties are responsible for your condition, such as doctors, nurses, or surgeons, your claim can potentially be filed against each party. This may only be required when the responsible party or parties work as independent contractors. If the at-fault parties are employees of your medical provider, a medical malpractice claim can be filed against the establishment.
Begin a Free Consultation for Medical Malpractice in Tampa
Call the Law Offices of Anidjar & Levine today if you suspect your injury or health condition was caused by medical malpractice in Tampa. To receive a free legal consultation from a Tampa personal injury lawyer concerning your medical malpractice case and learn how a Tampa medical malpractice lawyer may be able to help you, call our firm today at 1-800-747-3733.
