Tampa Medical Malpractice Lawyer

Quick Summary: Tampa Medical Malpractice Lawyer

• Tampa medical malpractice claims may be filed in the Thirteenth Judicial Circuit.
• Florida requires an investigation and expert affidavit before filing a lawsuit.
• Most claims have a two-year deadline and a four-year statute of repose.
• Medical negligence claims follow pure comparative negligence, so Florida’s 51% bar does not apply.

Need immediate help? Contact Darrigo & Diaz Personal Injury Attorneys.

Medical care depends on trust. Patients place their health in a provider’s hands and expect treatment that meets accepted professional standards. Across Tampa and Hillsborough County, people receive that care every day at institutions such as Tampa General Hospital and Moffitt Cancer Center. When the outcome is not what they expected, it can leave them wondering whether something went wrong.

An unexpected outcome alone does not establish medical malpractice. Florida law allows a claim when a provider falls below the accepted standard of care and that failure causes harm. Patients and families in South Tampa, on Davis Islands, and in nearby Brandon may turn to a Tampa medical malpractice lawyer to better understand their situation and the options available to them.

Darrigo & Diaz Personal Injury Attorneys serves Hillsborough County from our Armenia Avenue office in Tampa. We can review your medical records and explain the next steps that may be available to you.

When a Medical Outcome in Tampa May Become a Malpractice Claim

Medical treatment carries some risks even when a provider follows the appropriate steps. A surgery may not have the expected result, a cancer may return, or a medication may cause an unexpected reaction. But none of these outcomes, standing alone, proves medical negligence.

A medical malpractice claim focuses on whether the provider’s conduct fell below what a reasonably careful provider would have done under similar circumstances. If that failure caused the patient’s harm, the circumstances may support a legal claim.

The outcome alone does not establish whether malpractice occurred. Medical records and an outside medical opinion can help show what happened and whether the provider’s conduct fell below the accepted standard of care. A Tampa personal injury lawyer can help you understand your options when an injury may have resulted from negligent medical care.

How Florida Measures the Standard of Care

Every medical provider brings different training and experience to patient care. The standard of care, however, is not based on one provider’s personal approach. Florida looks at what a reasonably prudent provider in the same field would have done under similar circumstances. Florida’s standards for medical negligence and expert testimony also set requirements for who may testify about that standard.

The word “similar” matters because medical care varies by specialty. An emergency physician is evaluated against other emergency physicians. A surgeon performing an appendectomy would be compared with other surgeons performing similar procedures. The relevant comparison depends on the type of care involved and the provider’s field.

That is why the medical reviewer matters. Someone who practices in the same field can look at the treatment in context and assess whether it was consistent with the care expected in that situation. A medical malpractice lawyer can help identify the appropriate reviewer and determine what the medical records may show.

The Investigation that Florida Requires Before a Medical Malpractice Claim Is Filed

A medical malpractice claim does not begin with filing a lawsuit. Under chapter 766 of the Florida Statutes, the patient must first complete a pre-suit investigation and establish reasonable grounds to believe the provider was negligent. Those grounds must be corroborated by a verified written opinion from a medical expert when the notice of intent is served.

This process gives you a chance to understand what happened before moving forward with a claim. Your medical records can provide important details about the treatment you received and what may have gone wrong. A Tampa medical malpractice attorney can help review those details and work with appropriate medical professionals to determine whether your concerns have enough support to pursue a claim.

Attorney Nadine Diaz can help you navigate that process. She is a Board Certified Civil Trial Law Specialist by The Florida Bar, a credential based on trial experience and peer review. Her trial background informs how the firm prepares medical malpractice cases from start to finish.

What a Medical Expert Must Put in Writing

The corroborating opinion is usually called an expert affidavit. It is more than a letter of support, and it does not simply summarize your medical bills. Florida sets requirements for who may provide the opinion and what it must address. The reviewer generally must practice or teach in the same specialty as the provider whose care is in question.

The affidavit must address the basis for the expert’s opinion.

• A genuine record review: The expert must review the relevant medical records rather than rely only on your account of what happened.
• Reasonable grounds: The written opinion must state that reasonable grounds support a claim of medical negligence.
• A clear explanation: The opinion should explain what the provider did, why the care may have fallen below the applicable standard, and how the medical evidence supports that conclusion.
• An opinion that can withstand review: These pre-suit opinions are subject to discovery, so the defense may later examine the expert’s conclusions and the basis for them.

What Happens During Florida’s 90-Day Pre-Suit Period

Once the investigation is complete, each potential defendant receives a notice of intent to initiate litigation. A lawsuit generally cannot be filed for 90 days after the notice is received, giving the provider or its insurer time to review the claim and respond.

During this period, the parties can share information and discuss the claim before a lawsuit is filed. The provider may admit liability, offer arbitration, or even reject the claim. A rejection generally allows the case to proceed. For a private provider, that case may be filed in the Thirteenth Judicial Circuit, which serves Tampa and Hillsborough County and includes the George E. Edgecomb Courthouse.

The response can affect what happens next, particularly if arbitration is offered. Accepting arbitration may resolve the case sooner, but it can limit certain damages. Declining it keeps other options available, and Nadine Diaz can help clients understand what each choice means before the 90-day period ends.

Some cases follow a different path because of where the medical care was provided. If the care came from a federally supported clinic, the claim may fall under the Federal Tort Claims Act and be handled in the Middle District of Florida rather than state court. Knowing which court handles the case can help you avoid problems when it is time to file.

How Long You Have to File a Tampa Medical Malpractice Claim

Deadlines are easy to overlook when you are still trying to understand what happened with your medical care. A Tampa medical malpractice lawyer can help you understand how the deadline applies to your situation, especially when it is not clear when the clock began. Florida’s statute of limitations sets the time limit for bringing a medical malpractice claim.

• Two-year period: A claim generally must be filed within two years of the incident or within two years after the injury was discovered.
• Discovery rule: In some cases, the clock starts when you knew, or should have known with reasonable care, that you were injured and what likely caused it.
• Statute of repose: A four-year limit generally runs from the date of the incident, although Florida law provides some exceptions.

These deadlines can matter long before you feel ready to take legal action. The pre-suit process also takes time, so it is important to look at the applicable deadline early rather than assume there will be time later. A medical malpractice claim may also be subject to exceptions or tolling rules that change how the deadline applies.

How a Tampa Medical Malpractice Attorney Determines Who May Be Responsible

Medical care can involve several people and organizations. Healthcare provider liability depends on the role each person or organization had in providing that care. The same rules do not always apply to everyone involved.

• The individual provider: A physician, nurse, or anesthesiologist may be responsible when their own actions or decisions fall below the required standard of care.
• The practice group: A medical practice may also be responsible for an employee’s negligence when the employee was acting within the scope of their job.
• The hospital or facility: A hospital or other facility may be responsible for problems with its own staffing, credentialing, or systems. However, this can be more complicated when the provider works as an independent contractor.

Figuring out who may be responsible often requires looking beyond the medical records. Things like employment agreements and billing information can help show who employed the provider and how the care was arranged. Attorney Nadine Diaz can help investigate those details and pursue a claim when the evidence supports it.

Types of Medical Malpractice Cases We Handle

Medical malpractice can appear in several ways, and the experience may be quite different from one patient to another. The issue of an improper diagnosis may differ from the outcomes of the treatment.

• Incorrect diagnosis and diagnosis delay: A medical case may go unnoticed or be identified as something else, which could lead to incorrect treatment.
• Surgical mistakes: A surgical operation may not be performed the right way and can cause an injury that requires further treatment. 
• Medication errors: A patient may be harmed when they receive a drug or dose that is not appropriate for their situation.
• Failures of cosmetic surgery: Though this kind of operation is voluntary, there can be a series of mistakes in the course of surgery or post-op recovery resulting in complications.
• Birth injuries: When an injury occurs during pregnancy or delivery, a family may be left wondering whether the care provided was appropriate. A Tampa birth injury lawyer can help them understand their options. 

Losses That May Be Recovered in a Tampa Malpractice Claim

What you may recover depends on the losses you can show through your records and other evidence. A medical malpractice settlement may account for medical expenses when an injury requires more treatment, along with income you lose if you cannot work while recovering. If the injury affects your ability to earn in the future, that may also be considered.

Compensation can also address the personal effects of an injury. Physical pain and emotional suffering may be part of the claim, while a spouse may have a claim for loss of consortium when the injury affects the marital relationship.

Fault can be shared, and Florida handles that differently in medical negligence cases than it does in some other injury claims. The 51% bar in Florida’s apportionment of fault statute does not apply to chapter 766 medical negligence actions. Instead, these claims follow pure comparative negligence, so your recovery is reduced by your share of fault.

Tampa Medical Malpractice FAQ

What steps are required before filing a medical malpractice lawsuit in Tampa, FL?

There are a few steps to take before you can file. Florida requires an investigation into the claim, along with a written opinion from a qualified medical expert and a notice of intent sent to the provider. Once the notice is served, you generally have to wait 90 days before filing a lawsuit.

How long do I have to file a medical malpractice claim in Tampa under Florida law?

The usual deadline is two years, but figuring out when those two years begin can be more complicated. It may depend on when you discovered the injury or when you should have discovered it. Florida also has a four-year statute of repose, although some exceptions apply.

Can I still recover compensation if I was partially at fault for my medical injury in Tampa, FL?

Yes. Being partly responsible does not automatically mean you lose the right to recover compensation. Your share of fault can reduce the amount you receive, but it does not completely bar your claim.

Talk With Darrigo & Diaz About Your Tampa Medical Malpractice Concerns

If you have questions about the care you received, talking through what happened can help you decide what to do next. You do not need to have everything figured out before asking about your situation. The records you already have can give a Tampa medical malpractice lawyer a useful place to start.

A conversation does not mean you have decided to file a lawsuit. At Darrigo & Diaz, our medical malpractice law firm can explain how Florida’s pre-suit process works and what options may be available to you. Call Darrigo & Diaz Personal Injury Attorneys at (813) 774-3341 when you are ready to talk about your situation.