A step-by-step guide to filing a lawsuit against a hospital in Tampa

When it comes to seeking justice for a hospital’s negligence, the legal landscape can seem as daunting and complex as the medical field itself. In Florida, patients who have suffered because of a hospital’s mistake face a challenging journey, one that requires navigating a maze of statutes, regulations, and procedural requirements unique to the Sunshine State. 

In this article, we’ll try to shed some light on the process of suing a hospital in Florida for medical negligence, offering a guiding hand to those who find themselves in the unfortunate position of having been harmed instead of healed by these institutions.

For personalized legal advice on your case, feel free to reach out to the knowledgeable Tampa medical malpractice attorneys at Palmer Lopez for a free consultation.

What is considered medical negligence in the state of Florida?

Before you begin the process of filing a complaint against a hospital in Florida, you need to understand if you have a legitimate legal case. Not every medical error or mistake will necessarily qualify as medical negligence.

Medical negligence, also known as medical malpractice, occurs when a healthcare professional or facility provides treatment that falls below the accepted standard of care in the medical community, leading to serious injury or wrongful death. 

This standard of care is based on what a competent and reasonable professional with a similar background and in a similar medical community would have provided under the same or similar circumstances.

To establish a hospital’s negligence, certain key elements must be demonstrated:

• Duty of care. The duty of care begins when a hospital accepts a patient for treatment, establishing a legal relationship. This relationship obligates the hospital to provide competent care to the patient.
• Standard of care. Once the patient-hospital relationship is established, the hospital is required to deliver care that meets professional standards. This standard can vary depending on several factors, including the patient’s condition and the medical knowledge available at the time of treatment.
• Breach of duty. A breach occurs when the care provided by the hospital or hospital employee falls below the established standard. This can happen through acts of commission (doing something wrong) or omission (failing to do something necessary), such as surgical errors, misdiagnoses, delayed treatment or other ER errors, inadequate follow-up, or hospital-acquired infections due to poor sanitation or hygiene.
• Causation. It must be shown that the breach of the standard of care directly caused injury or harm to the patient. This means proving that the patient’s injury would not have occurred if not for the hospital’s breach of duty. Causation links the hospital’s negligence to the outcome experienced by the patient.
• Damages. Finally, the patient must demonstrate that they suffered actual damages as a result of the hospital’s breach of duty. Damages can be physical, such as pain, suffering, or additional medical bills, or non-physical, such as emotional distress or loss of income.

If all of these elements exist in your case, you may be able to pursue compensation from the hospital through a medical malpractice lawsuit.

How do I file a lawsuit against a hospital in Florida?

Filing a lawsuit against a hospital in Florida for medical negligence is a multi-step process guided by Florida’s medical malpractice laws. 

The first step is typically to consult with a medical malpractice attorney to see if you have a valid claim and which parties might be legally responsible. When consulting an attorney, it’s crucial to seek advice from a legal professional who specializes in medical malpractice cases, as these cases require both medical and legal expertise. 

An experienced medical malpractice attorney can navigate the complex regulations and procedures specific to medical negligence cases, ensuring that all necessary steps are taken to build a strong case and achieve the best possible outcome for you.

After you choose an attorney to represent you, the next steps to filing a medical malpractice lawsuit against a hospital in Florida are generally as follows:

1. Medical records review. Your attorney will request and review all relevant medical records to understand the details of your treatment and identify potential evidence of negligence.
2. Presuit investigation. Florida law requires that before filing a lawsuit, there must be a presuit investigation to validate the claim. This involves consulting with a medical expert in the same field as the defendant to determine if there appears to be a basis for a malpractice claim based on a breach of the standard of care.
3. Notice of intent to sue. After the presuit investigation confirms a potential claim, you must notify the hospital of your intent to file a lawsuit. This notice must include the medical expert’s affidavit that supports the claim of negligence. The hospital then has 90 days to respond by either rejecting the claim, making a settlement offer, or offering arbitration (mediation) on damages.
4. Mandatory mediation. In some cases, before the lawsuit proceeds to trial, there may be a requirement or opportunity for mediation in an attempt to settle the dispute out of court.
5. Filing the lawsuit. If the dispute is not resolved during the 90-day pre-suit period or through mediation, your attorney will formally file a lawsuit in court. This involves preparing a complaint that outlines your allegations against the hospital and the damages you seek.
6. Discovery process. Once the lawsuit is filed, both parties enter the discovery phase, exchanging information and evidence related to the case. This may include depositions, requests for documents, and interrogatories.
7. Trial. If the case is not settled during the discovery process, it will proceed to trial. At trial, both sides present their evidence and arguments to a judge or jury, which will then make a decision regarding liability and damages.

Throughout this process, it’s crucial to have the guidance and representation of an experienced medical malpractice attorney to navigate the complexities of Florida’s legal system and to advocate effectively on your behalf.

How much can you sue a hospital for in Florida?

In Florida, the amount you can sue a hospital for in a medical malpractice case depends on several factors, including the nature and extent of your injuries and the impact on your life. Here’s a general overview:

Since this area of law is complex and subject to change, consulting with an experienced medical malpractice attorney is essential to understanding the potential value of your claim.

Thinking about suing a hospital in Tampa? Palmer Lopez can help!

If you or a loved one suffered a catastrophic injury or fatality because of a hospital’s negligence, the experienced medical malpractice attorneys at Palmer Lopez can help you get the justice and compensation you deserve.

We understand the profound impact that medical negligence can have on your life and are committed to providing compassionate, personalized legal representation. Our goal is not only to secure the compensation you need to cover medical expenses, lost wages, and other damages but also to ensure that such negligence is acknowledged and addressed to prevent future occurrences.

Learn more about how we can help with your case by scheduling a free consultation.