If you or your loved one has been injured because of medical malpractice or negligence, it is natural to feel overwhelmed, hurt, and even angry. It is painful when the professionals we trust to heal and care for us and our loved ones cause harm by their actions.
If this has happened to you or your loved one, we have a team of attorneys who can help you get justice. We will review your case thoroughly, negotiate on your behalf, and get you the compensation you are entitled to.
If you are wondering where to begin after an incident of medical malpractice or negligence, contact our team at Chalik & Chalik Injury Lawyers today at (813) 879-3719 for a free consultation. A Tampa medical malpractice lawyer might be able to help you.
Medical Malpractice Defined
Medical malpractice in Florida is defined as professional negligence committed by any healthcare provider, including:
- Nurse practitioners
This professional negligence may result in severe harm or injury to a patient.
There are several types of negligent actions recognized as medical malpractice in Florida. These include:
- Missed, delayed, or wrong diagnoses
- Surgical or other medical procedure errors
- Medical product liability
- Improper treatment
- Failure to inform patients about known risks of procedures or treatment courses
- Birth injuries and mistakes in handling pregnancy and labor
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Establishing Liability for Florida Medical Malpractice
Under Florida law, you have to show that the medical professional breached their duty of care to have a medical malpractice claim. This means that the medical professional deviated from the prevailing standard of care, resulting in harm or injury to you or your loved one. To prove malpractice, you should also show causation and proof of damages as follows:
Causation means proving that the medical doctor, hospital, or other medical professional breached the prevailing standard of care, causing loss or damages to the plaintiff. A lawyer must prove to a reasonable degree of certainty that their actions or inactions caused the plaintiff’s loss or injury.
The state of Florida upholds the concept of comparative negligence. This means that a person or entity being sued can also say that the person suing may be responsible for their loss or damages under Florida Statutes § 768.81.
Therefore, when bringing your medical malpractice claim, it is critical for your Tampa medical malpractice lawyer to prove that you were less to blame than the medical provider. To learn more about proving medical malpractice in Florida, call Chalik & Chalik Injury Lawyers today at (813) 879-3719.
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Potentially Recoverable Damages
Numerous variables determine the extent of damages a plaintiff is entitled to in a medical malpractice suit. The laws of Florida state that a person is entitled to compensation for any loss suffered because of another party’s negligence.
At Chalik & Chalik Injury Lawyers, we work to ensure that you receive compensation for all your injuries and losses that can be proved in court. We can calculate how injury and loss from medical malpractice can affect someone’s present and future income-earning ability. It is our job to determine the amount of damages you deserve for the following losses:
- Current and future medical bills
- Lost or diminished income from long-term disability or injury
- Wrongful death
- Mental anguish and emotional distress
- Pain and suffering
- Loss of spousal support
- Inconvenience from sustained injuries
It is also possible to recover the costs of future corrective surgeries or treatments resulting from the injury of medical malpractice.
Evidence That Demonstrates Medical Malpractice
When you bring a medical malpractice claim, you will need accompanying evidence to show that there was a breach in the duty of care, and this breach resulted in injury or loss for the plaintiff. This is why it is critical to obtain and keep all your medical records safe.
Some types of evidence we need to work effectively include the following:
- Medical records: Diagnostic tests and studies and patient files with doctor’s or nurse’s notes.
- Expert testimony: A qualified medical expert is often necessary to comment on whether there was malpractice according to the prevailing standard of care.
- Medical bills and insurance payments: These help to establish economic damages to pursue.
Usually, you will also need to be examined by another doctor. This can help support your claim and provide more information to aid your case.
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Statute of Limitations for Medical Malpractice in Florida
In Florida, anyone who has suffered medical malpractice must bring their claim within two years from the date they knew or should have reasonably known that injury occurred due to medical negligence, according to Florida Statutes § 95.11(4)(b). Once this time window lapses, you may not be able to bring a medical malpractice claim and get the restitution you deserve.
There is another time restriction called the statute of repose, which means that a plaintiff cannot sue a healthcare provider if four years have passed from the alleged occurrence of malpractice. These restrictions are claimed to reduce the incidents of frivolous lawsuits, encourage out-of-court settlements, and reduce the cost of medical malpractice insurance for healthcare professionals.
There are exceptions to this rule, such as:
- Where there was fraud or concealment of the negligence or malpractice
- Where there is a misrepresentation of facts perpetrated on the provider’s behalf
It might help you to hire a medical malpractice lawyer as soon as you suspect there has been negligence or medical malpractice against you or your loved one. By doing this, you can avoid the time constraints that may prevent you from getting justice.
Get Help from a Tampa Medical Malpractice Lawyer
Suppose you or your loved one suffered loss or injury due to the negligence and malpractice of a medical professional. In that case, you may be entitled to compensation according to the laws of Florida. Making a medical malpractice claim is a complex process, but our lawyers can help you to file your complaint and represent you in court.
Contact the Chalik & Chalik Injury Lawyers at (813) 879-3719 to get started with a free consultation and case evaluation.