Our medical malpractice lawyers have extensive experience getting settlements out of Tampa’s hospitals
When their doctors make a mistake that injures a Hillsborough County resident, we will fight to get that patient a settlement that will not only take care of their medical bills incurred by their healthcare provider but also non-economic damages to compensate their mental pain and suffering.
Denmon Pearlman’s medical malpractice attorneys are highly ranked in the Tampa Bay area. Whether your medical malpractice lawsuit entails surgical error, failure to diagnose, or a doctor’s negligence, we are committed to helping you prove personal injury, wrongful death, or medical malpractice.
Tampa Medical Malpractice Attorneys
Our medical malpractice Tampa law firm will do everything we can to keep you out of the Hillsborough County courts. However, if we believe you will receive a much larger settlement in a trial, our medical malpractice lawyers don’t back down. You want us on your side in the courtroom.
When you go to the doctor, no matter if it’s for a simple procedure or a life-altering surgery, you are putting your trust in someone else’s hands. That’s not an easy thing to do, but we trust our doctors to make the best decisions for our health and well-being.
Unfortunately, some doctors are not trustworthy. They make rash decisions leading to permanent injury or, in some tragic cases, death. If you’ve experienced a personal injury, medical negligence, or even a family member’s wrongful death, you need a medical malpractice attorney you can trust.
If you believe you or a loved one experienced medical malpractice at Tampa General, Memorial Hospital, St. Joseph’s Hospital, Shriner’s Hospital, Florida Hospital, St. Jude’s, or another hospital in Tampa, please contact Denmon Pearlman’s medical malpractice attorneys in Tampa for your free consultation.
First, let’s discuss what goes into a medical malpractice case and what it takes to file a medical malpractice claim. What does the Florida law say about medical negligence in Tampa hospitals?
The success of any legal matter depends on the unique circumstances of each case, therefore, we cannot guarantee particular results for future clients.
Medical Malpractice In Florida
What is medical malpractice according to Florida law? In Title XLV, Chapter 766 of Florida state law, medical malpractice is fully articulated from medical board review through hearings and retribution.
Florida State Statute 766.102 States
“In any action for recovery of damages based on the death or personal injury of any person in which it is alleged that such death or injury resulted from the negligence of a health care provider as defined in s. 766.202, the claimant shall have the burden of proving by the greater weight of evidence that the alleged actions of the health care provider represented a breach of the prevailing professional standard of care for that health care provider. The prevailing professional standard of care for a given health care provider shall be that 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 short, medical malpractice is when a doctor, nurse, or hospital fails to properly treat a medical condition and creates a new or aggravated injury as a result. Let’s break this down a little further. What do you need to know about medical malpractice claims before you hire a medical malpractice attorney?
Medical negligence refers to the actions or lack of actions taken by a medical professional that deviates from the accepted standard of care. This is the substance of a medical malpractice case, the legal fault of the medical professional.
Standard Of Care
The standard of care refers to a competent and skilled healthcare professional with a similar background giving insight as to how they would have handled the situation had it been in their hands. Do they consider the situation malpractice, or would they have been forced to give the same medical care?
Statute Of Limitations
The statute of limitations states that there is an allotted amount of time given for a patient that has been injured by a medical professional to file a medical malpractice claim. In the state of Florida, you must file the lawsuit within two years of discovering the injury.
Now that you know the basics, let’s get down to business. When you file a medical malpractice claim in Tampa, there is a specific process that your medical malpractice attorney will undergo.
How To Win A Medical Malpractice Case
To build your medical malpractice case, Denmon Pearlman’s medical malpractice attorneys in Tampa will need to gather information about the incident. To prove medical negligence, your medical malpractice attorney will start with an investigation. Our law firm is here to get you the retribution you deserve.
Once your St. Petersburg medical malpractice lawyers gather witness statements, they will begin assessing your healthcare records.
Your medical malpractice attorneys will gather witnesses and health records. Our lawyers will interview medical professionals to understand the standard of care you should have received to prove that your health care provider made a medical mistake. We will find an expert medical testimony to build your medical malpractice case with supporting evidence that your standard of care was not up to par with Florida state law.
We will also ensure that we have expert witness testimony on your lost wages. Our medical malpractice attorneys make sure that we have financial and medical experts on hand that can attest to your injuries and loss of compensation while you were recovering. Don’t let your healthcare provider’s negligence stand in the way of your rightfully deserved compensation.
Denmon Pearlman’s medical malpractice law firm is on your side. We will take care of negotiating with your insurance company. We know that talking to insurance adjusters is an intense and grueling process. Why should you endure more hardship because your healthcare provider injured you? Let our Tampa medical malpractice lawyers take care of your insurance claims and fight for the compensation you justly deserve.
Our Tamp malpractice law firm will do everything we can to keep you out of the Hillsborough County courts. However, if we believe you will receive a much larger settlement in trial, our medical malpractice lawyers don’t back down. You want us on your side in the courtroom. Denmon Pearlman’s lawyers take an aggressive approach, especially when it comes to matters of medical negligence.
We are passionate about our clients getting the compensation and the justice they deserve. No doctor should get a free pass when they commit personal injury or medical malpractice on a patient.
Call Denmon Pearlman’s medical malpractice lawyers in Tampa to learn more about what we can do for your specific medical malpractice case.
What Types Of Medical Malpractice Cases Can Our Firm Handle For You?
Emergency Room Medical Malpractice
Emergency rooms are naturally busy places. With the rising costs of healthcare and myriad problems with the insurance industry as well as changes in state and federal government, medical professionals are trying to get more done with less money and time. However, these are not excuses for poor medical treatment.
Some of the things that can happen in emergency rooms that lead to the death or injury of another include:
- A doctor or nurse’s failure to diagnose that someone is having or recently had a heart attack or a stroke.
- Misdiagnosis of a life-threatening illness such as appendicitis or meningitis.
- Giving the wrong medication.
- Administering too much of a medication (causing an overdose).
- Errors while intubating someone or performing emergency surgery.
- Misreading blood results or lab tests and subsequently giving unneeded surgery or other drastic treatment that does more harm than good.
- Failure to identify an aneurysm, hematoma, or blood clot (embolism).
- Not diagnosing a serious condition such as sepsis, MRSA (methicillin-resistant Staphylococcus aureus), a staph infection, or internal bleeding.
Hospital Medical Malpractice Examples
Other types of medical malpractice may happen in one of Tampa’s hospitals. These include:
- Slip and fall (this could be caused by liquids left on a floor without being cleaned up, open boxes, or other tripping hazards).
- Birth injury (such as cerebral palsy caused by oxygen deprivation during delivery, doctors failing to diagnose and/or treat jaundice and/or lung problems after an infant is born, or not authorizing a C-section promptly).
- Negligent nursing practices.
- Injury and/or death due to receiving the wrong medication or being denied medication.
- Product liability from medical equipment (such as defective lap bands).
- Not diagnosing cancer, blood disorder, kidney disease, or another treatable, life-threatening illness promptly and properly.
- Misdiagnosis of a serious condition due to a misread X-ray or MRI image.
- Abusive nursing practices.
- Surgical errors (such as operating on the wrong organ or body part or causing scalpel injuries to arteries, veins, organs, nerves, and/or other parts of the body).
- Early discharge from a hospital, leading to serious injury or death.
- Improper or negligent monitoring during post-op recovery.
- Infection from improper sterilization procedures during medical treatment.
- Anesthesia mistakes or negligence that lead to wrongful death, heart damage, paralysis, loss of speech, coma, brain damage, cognitive defects in the brain, impaired motor skills, and the like.
- Poorly performed cosmetic surgery that caused lasting disfigurement.
- Accidents during surgery (for example, leaving an instrument or gauze in a patient’s body).
Other Types Of Medical-Related Personal Injury Cases
- Traumatic brain injury (TBI).
- Accidents due to irresponsible ambulance drivers.
- Abuse and/or neglect in nursing homes.
- Truck accident caused by a firefighter or an EMT who is driving negligently or recklessly.
- Slip and fall or other accident in a care facility or doctor’s office.
CAUSES OF MEDICAL MALPRACTICE
It is often assumed that busyness and fatigue are the reasons for malpractice, which in some cases is true.
However, other factors can cause malpractice, including:
- Disorganization of medical records.
- Lack of communication among treatment providers.
- Not following medical protocols; or lack of training.
Everyone working in healthcare, from doctors and nurses to assistants and receptionists, is ultimately responsible for what happens to the patients who entrust them with their lives.
Most healthcare professionals get proper sleep, avoid showing up to work under the influence of drugs and/or alcohol, and only perform the duties for which they are qualified.
On the occasions that healthcare workers do not live up to their responsibilities, Denmon Pearlman will step in and fight on your behalf.
So, let’s do some quick math. For example, let’s say a medical claim is resolved for $25,000 with a lawyer.
Let’s assume that the average claim settled for 400% more than for which the claim would have settled without an attorney. In this example, the individual would have received a $6,250 settlement (before the medical bills are paid!) without a lawyer.
The attorney would take a settlement fee of $8,325, leaving $16,675 in gross recovery for the client (before any medical bills are paid). In this example, the net recovery for someone who works with an attorney is on average $10,000 more than what that person would have received without the help of a lawyer.
Now, there are certainly situations where it might be worth it for someone to try to resolve his or her case without a lawyer. For example, cases, where the medical bills are a couple of thousand dollars or less and the person, does not have a permanent injury. In Florida, if someone does not have a permanent injury, he or she cannot ask for compensation for pain and suffering and loss of enjoyment of life. It is these damages that significantly increase the value of a personal injury claim.
Other types of personal injury claims can result from one or more of the following situations:
- auto accidents
- school bus accidents
- motorcycle accidents
- truck accidents
- pedestrian accidents
- recreational vehicle accidents
- bicycle accidents
- boating accidents
Next, we discuss what to look for when hiring a personal injury lawyer.