Tampa Physician Negligence Attorney
Misdiagnosed? Wrongful treatment? We hold doctors accountable and get you maximum compensation.
Your health is your most precious asset. Choosing a doctor is trusting them with your well-being, a responsibility they handle with the utmost care…most of the time.
Unfortunately, physician negligence is a reality, leaving patients facing unexpected health complications and emotional distress.
If you find yourself questioning the quality of care you received, you’re not alone. At Palmer Lopez, we help patients like you understand their rights and seek justice when faced with doctors’ mistakes.
Hold Doctors Accountable.
Medical malpractice is our main focus. Talk to our attorney.
How do I know if my doctor’s actions were negligent?
Understanding whether your doctor’s actions constituted negligence can be challenging but is crucial in identifying your next steps. Recognizing different types of doctor negligence is key to determining if your experience warrants legal action.
From misdiagnosis to surgical errors, each form of negligence has its own set of characteristics. Here’s a look at various scenarios that typically reflect doctor negligence:
1. Misdiagnosis:
This occurs when a doctor incorrectly identifies or fails to diagnose your medical condition. Delayed or missed diagnoses can have serious consequences, leading to worsened health outcomes or missed critical treatment windows.
These mistakes can involve prescribing the wrong medication or dosage, overprescribing drugs like opioids, or administering medication at the wrong time. They can cause adverse reactions, ineffective treatment, and even harm the patient.
3. Surgical errors:
Mistakes can happen during surgery, ranging from operating on the wrong body part to leaving surgical instruments inside the patient. These errors can cause pain, additional surgeries, and long-term complications.
4. Failure to obtain informed consent:
Doctors have a duty to inform patients about the risks and benefits of treatment options before obtaining their consent. Failing to do so can be considered negligence if the patient experiences harm as a result.
5. Birth injuries:
Medical negligence during pregnancy, childbirth, or even newborn care can lead to injuries for both the mother and the baby. These injuries can be devastating and life-altering.
Sometimes, negligence can occur within the hospital system, such as faulty equipment, improper sterilization, or inadequate staffing. These issues can put patients at risk of infections and other serious complications.
7. Failure to follow up:
Doctors are responsible for monitoring patients after treatment, especially after surgeries or chronic conditions. Neglecting follow-up care can lead to missed complications and worsened health outcomes.
8. Improper documentation:
Inaccurate or incomplete medical records can make diagnosing and treating patients properly difficult. They can also hinder legal claims against negligence if necessary.
9. Botched surgery:
This goes beyond simple surgical errors and refers to grossly mishandled procedures that result in significant harm or complications, often requiring further surgeries or causing permanent damage.
10. Discharging patients prematurely:
Releasing patients from the hospital before they are fully recovered can expose them to additional risks and worsen their condition. This can be especially dangerous for patients undergoing critical treatments or recovering from major surgeries.
11. Wrongful death:
In the most tragic cases, physician negligence can lead to the death of a patient. This can be incredibly devastating for families and loved ones, and pursuing legal action may be necessary to seek justice and compensation.
These are just a few examples of how doctor blunders can rear their ugly head, leading to tragic consequences for patients and their families. That’s precisely why having our experienced attorneys in your corner is crucial.
At Palmer Lopez, medical malpractice is our primary focus. Our dedicated legal team has an in-depth understanding of injury law and its complexities. We are committed to staying at the forefront of medical-legal issues, ensuring we can provide you with the most effective representation and advocacy.
We understand you likely have many questions, and we’re here to provide answers and clarity. Every situation is unique. Schedule a free consultation with us for more personalized guidance tailored to your case. It’s an opportunity for us to listen to your story and offer the dedicated support and advice you need.
Do I have a case?
Determining if you have a case requires a detailed understanding of your situation, which we can only achieve through a direct conversation with you.
While we can only provide a definitive answer by learning more about your unique circumstances, we are happy to offer a general guide and discuss the key factors that typically influence these decisions.
This information does not constitute legal advice. We encourage you to schedule a consultation to delve deeper into your situation.
First, let’s address the statute of limitations in Florida:
- You have 2 years from the date you discovered or should have reasonably discovered the doctor’s negligence to file a lawsuit. This two-year window is crucial, so seeking legal advice quickly is important.
- There’s also a four-year statute of repose, meaning even if you discover the negligence later, you still have 4 years from when the negligence occurred to file a claim.
Now, onto assessing your potential case:
- Did the doctor deviate from the accepted standard of care?
In other words, did they do something a reasonably competent doctor in similar circumstances wouldn’t have done, or fail to do something they should have done? - Did this deviation from the standard of care cause you harm?
A clear connection between the doctor’s actions or omissions and your injury or illness must exist. - Can you provide evidence to support your claim?
Medical records, witness statements, expert opinions, and other documentation can bolster your case.
Remember:
- Each case is unique, and legal complexities often exist. Seeking advice from a qualified medical malpractice attorney is crucial to evaluate your situation thoroughly.
What kind of compensation can I expect to receive if I win a medical negligence case?
The compensation varies.
If you win a medical malpractice case, the compensation you can expect will depend on a few factors, including the specific details of your case, the severity of your injuries, the impact on your life, and the degree of negligence on the part of the healthcare provider.
Typically, it falls into several categories:
- Economic damages: These compensate you for tangible losses caused by the doctor’s negligence. This includes:
- Medical expenses: Past and future medical bills related to the injury caused by the negligence.
- Lost wages: Income you couldn’t earn due to the injuries and medical treatment.
- Loss of earning capacity: Potential future income you can’t earn because of the negligence’s long-term impact.
- Non-economic damages: These are compensation for intangible losses, such as:
- Pain and suffering: Physical and emotional pain and distress caused by the injuries.
- Loss of enjoyment of life: Inability to participate in activities you previously enjoyed due to the impact of negligence.
- Disfigurement and scarring: Physical deformities caused by medical errors.
- Mental anguish: Emotional and psychological distress resulting from the experience.
Factors affecting compensation:
- Severity of the injury: More severe injuries with lasting consequences generally lead to higher compensation.
- Financial impact: The extent of lost wages, medical bills, and future loss of earnings impacts the economic damages awarded.
- Emotional impact: Pain, suffering, and other emotional distress play a role in determining non-economic damages.
- Strength of the evidence: A strong case with compelling evidence supporting your claim increases the potential for higher compensation.
- Negotiation and litigation skills of your attorney: Who you hire as your attorney can significantly impact the final settlement or jury award.
Florida specifics:
- Jury caps: Florida’s recent law limits compensation for pain and suffering in certain medical malpractice claims against doctor’s offices and healthcare facilities.
- Comparative negligence: This rule reduces your compensation award proportionally if you contributed to your own injury through negligence.
Physician Negligence FAQs
Are complications during medical treatment always considered negligence?
No, not necessarily. Medical procedures often carry inherent risks. For example, a patient might experience an unexpected allergic reaction during surgery. If the doctor provided proper care and informed the patient about these risks beforehand, such complications wouldn’t automatically signify negligence.
Is a doctor negligent if their diagnosis or treatment differs from another doctor’s?
Differences in medical opinions don’t always imply negligence. Medicine can be complex, and doctors may have varying approaches to diagnosing and treating complex symptoms. As long as each doctor’s decision is based on sound medical judgment and standards, it’s not considered negligence.
Is a doctor negligent if a patient with a serious illness doesn’t improve?
Not necessarily. Some illnesses naturally have a poor prognosis, and despite the best efforts of medical staff, certain outcomes might be unavoidable. This does not equate to negligence if the doctor has been honest and realistic about the patient’s condition and potential outcomes.
What should I do if I think my doctor made a serious mistake during my treatment?
Get a second opinion. Document everything about the treatment. Consider consulting with a medical negligence attorney to evaluate the legal aspects of your case.
How can I tell if my doctor’s actions led to a worsening of my condition?
Review the timeline of your treatment and symptoms. If your condition worsened following a specific action or inaction by your doctor, it might indicate negligence. Medical records and expert opinions are important in these cases.
Is there a way to know if a misdiagnosis by my doctor could be considered negligence?
Misdiagnosis can be complex. To be considered negligence, it must be proven that a competent doctor would not have made the same error under similar circumstances. Talking to legal and medical experts can provide clarity.
Can a doctor’s failure to inform me about the risks of a procedure be considered negligence?
Doctors have a duty to provide informed consent. If they fail to inform you about the significant risks of a procedure, and you suffer harm as a result, it can be considered negligence.
What steps should I take if I suspect that poor communication between my healthcare providers resulted in my condition worsening?
Obtain copies of all medical records and document any instances of miscommunication or contradictory information. Consult with a medical malpractice attorney for legal advice.
Talk to our Tampa medical negligence attorney
When it comes to medical issues, things can get complex, and you might still have questions. Please remember every situation is unique, just like you, and it’s completely normal to have lingering concerns.
If you’re worried about possible negligence by your doctor, we want you to know that you’re not facing this alone. Feel free to reach out at any time for help.
Whether you’re looking for more information, need a second opinion, or are considering legal steps, we have resources and people ready to stand by you. Give us a call or submit a form for a free consultation.
