How Can I Prove Medical Malpractice in Florida?

A medical malpractice case must prove the following elements to be considered a valid claim under Florida law: The healthcare professional violated standard care practices — There is an established standard of care that all medical professionals must abide by. If the standard of care is violated, there may be cause to prove negligence. The negligence resulted in an injury to the patient — A violation of the standard of care is not enough to prove negligence. An injury to the patient must have resulted from that negligence. If an injury occurred, but the medical professional was not found to be negligent, there is no case. Similarly, if they were negligent, but there was no injury, there is no case. The injury must result in significant damages — Due to the highly complex nature of medical malpractice cases, the patient’s injury must be substantial enough to warrant the case. If the injury was slight and the damages sought do not significantly outweigh the cost of pursuing the case, an attorney will likely not take your case.

How Common is Medical Malpractice?

According to a John Hopkins University study, medical errors are now the third leading cause of death in the United States. The most common reasons for medical malpractice lawsuits included: Failure or delayed diagnoses Complications from treatment or surgery Poor outcome and disease progression due to the treatment course Failure or delayed treatment Wrongful Death An abnormal injury suffered by a patient Errors in administering medication Failure to adequately communicate patient instructions and education Failure to obtain or improperly obtaining informed consent from the patient The portion of physicians facing malpractice claims annually varies by profession and specialty. According to the New England Journal of Medicine, 75% of doctors in low-risk specialties will have had a medical malpractice claim against them, compared to 99% of doctors in high-risk specialties.

What are the Most Common Mistakes Made by Medical Professionals?

The most common medical mistakes made by healthcare professionals include, but are not limited to: Medication errors — Misjudging anesthesia; prescribing the wrong medication; administering the wrong medication; administering too high a dosage of medication, and more. Hospital-acquired infections — Poor sterilization procedures; dirty hospital linens and surfaces; failed to take adequate precautions with cross-contamination and more. Improper diagnoses — Missed diagnosis; delayed diagnosis; wrong diagnosis, and more. Avoidable delay in treatment — Could result from improper diagnosis; negligent in referring patients to treatment options or specialists; did not act on test results, and more. After treatment, poor follow-up: Failed to monitor the patient after a procedure adequately; did not follow up on test results, and more. Leaving foreign objects inside a patient after a procedure — Objects may include instruments, sponges, or pieces of biological material that should have been removed.

How Can I Find out if My Doctor was Involved in a Medical Malpractice Lawsuit in Florida?

The Florida Practitioner Profile database provides valuable information on the licensing status of medical practitioners. You can search for the medical professional’s name and see if they have had actions against them. However, the database may not always contain up-to-date information. If you are still in doubt, you can also search for their listing in the Federation of State Medical Boards’ database.

I Didn’t Give Consent for Medical Treatment. Can I Sue?

Under Florida Law, there is a statute known as Medical Consent. This law is a part of Florida’s Good Samaritan law. It helps protect medical professionals from claims that may arise when they cannot receive proper consent for medical procedures from the patient or the patient’s representative during an emergency. In most cases, you cannot sue a doctor, hospital, or other medical professionals for providing the care you would have otherwise declined.

Can I Sue a Chiropractor for Medical Malpractice in Florida?

The short answer to this question is yes. However, you would need to prove that your back injury was made worse by the chiropractor’s intentional negligence. If they acted in a way that breached the standard of care, you might have a case. The only way to find out for sure is to contact a qualified medical malpractice attorney like Darrigo & Diaz’s team.

I Have a Defective Medical Implant. Can I Sue the Doctor?

Typically, if a medical device is defective, you would claim against the manufacturer of the defective product. However, if the device is found to be defective due to the surgeon’s negligence, you would bring the claim against the doctor. The only way to establish liability, in this case, is to speak with an expert medical malpractice attorney.

How Long Will it Take to Settle My Medical Malpractice Lawsuit?

It depends on the circumstances of the case. However, a recent survey by MedScape concluded that 39% of medical malpractice lawsuits take 1-2 years to resolve, while around 30% take 3-5 years. The more complex your case is, the longer it will take to prove it. The same report showed that about 30% of cases were settled out of court due to 41% of insurance companies encouraging the doctor to settle.

How Much Money Can I Receive from a Medical Malpractice Lawsuit?

The amount you are awarded can vary significantly depending on the circumstances of your case. However, according to Medscape, 68% of cases settled out of court for awards up to $500,000. The highest awards go to litigants involved in patients with substantial injuries and wrongful death cases.

How Can I Get a Medical Malpractice Lawyer in Tampa?

According to the National Practitioner Data Bank, Florida ranks #4 among the states with the highest medical malpractice claims. Of the 84,484 medical malpractice claims, 35,315 cases received a payout between $50,000 and $2 million over the last 30 years. This information does not reflect other types of medical malpractice cases and payments. However, this does show just how difficult it can be to prove a medical malpractice case and why you need an expert medical malpractice attorney on your side. The Darrigo & Diaz team has a track record of successfully winning medical malpractice lawsuits because a Board Certified Civil Trial Specialist leads our team. We have been serving injured victims in Tampa, FL since 1999. We strive to go above and beyond for our clients. Please call Darrigo & Diaz today at (813) 734-7397 to immediately discuss your case with an expert medical malpractice attorney. You can also set up a complimentary consultation with us online.

Tampa Medical Malpractice Lawyer

Q: What is Medical Malpractice?

Medical malpractice is the term used to describe negligence by a doctor, hospital, or other healthcare professionals such as nurses, anesthesiologists, etc. The negligence could stem from errors in diagnosis, treatment plans, medications, or aftercare and health management.

When medical care goes wrong, the consequences can be devastating—physically, emotionally, and financially. A Tampa medical malpractice lawyer helps victims hold negligent healthcare providers accountable, seeking compensation for injuries caused by substandard care.

Three members of a medical team in a surgery room preparing for a patient’s procedure.

With the state’s complex medical malpractice laws, having an experienced attorney by your side is critical to navigating claims and securing justice. Whether it’s a misdiagnosis, surgical error, or medication mistake, a skilled lawyer can fight for your rights and help you rebuild your life.

Why You Need a Tampa Medical Malpractice Attorney

Medical malpractice cases are among the most challenging legal claims to pursue. They involve complex medical evidence, strict laws, and powerful insurance companies defending healthcare providers.

A Tampa medical malpractice attorney provides critical expertise to build a strong case. They investigate medical records, consult with experts, and navigate deadlines like the two-year statute of limitations for filing claims.

Without legal representation, victims risk losing their right to compensation for medical bills, lost wages, and pain and suffering. An attorney also levels the playing field, ensuring your voice is heard against well-funded defendants.

Navigating Complex Medical and Legal Issues

Medical malpractice cases involve a unique blend of medical and legal complexities that set them apart from other personal injury claims. To succeed, you must prove that a healthcare provider breached the standard of care and that this breach directly caused your injury.

This requires analyzing detailed medical records, interpreting clinical guidelines, and consulting with medical experts who can testify about what a competent provider would have done. An attorney has the experience to manage these technical aspects, coordinating with specialists to build a compelling case.

Meeting Strict Deadlines and Requirements

The local government imposes stringent rules for medical malpractice claims, making legal representation essential. The state’s two-year statute of limitations means you must file your lawsuit within two years of discovering the injury, or risk losing your right to compensation.

Exceptions, like cases involving minors or fraud, may extend this period, but navigating these nuances requires a knowledgeable attorney. Additionally, the law mandates a 90-day pre-suit notice period, during which the defendant can investigate the claim, and requires an affidavit from a medical expert confirming negligence.

Countering Powerful Opponents

Hospitals, doctors, and their insurance companies often have significant resources and experienced legal teams dedicated to minimizing liability. These opponents may dispute the severity of your injuries, argue that the harm was unavoidable, or shift blame to other factors.

Without an attorney, you’re at a disadvantage against these well-funded adversaries. A medical malpractice lawyer levels the playing field by conducting thorough investigations, gathering robust evidence, and negotiating skillfully with insurers.

If a fair settlement isn’t possible, they’re prepared to take your case to trial, advocating aggressively to secure the compensation you deserve for your physical, financial, and emotional losses.

Maximizing Your Compensation

The damages in medical malpractice cases can be substantial, covering medical bills, future care costs, lost wages, diminished earning capacity, and non-economic losses like pain and suffering. However, calculating and proving these damages is complex, especially when injuries lead to long-term or permanent disability.

An attorney evaluates the full extent of your losses, working with economic and medical experts to quantify future needs, such as ongoing treatment or rehabilitation. They also ensure that non-economic damages, which are harder to measure, are fairly represented in your claim.

Providing Compassionate Support

Beyond legal expertise, a medical malpractice attorney offers emotional and practical support during a difficult time. Suffering from medical negligence can leave you feeling betrayed, overwhelmed, and uncertain about the future.

A dedicated lawyer listens to your story, answers your questions, and keeps you informed at every stage, reducing the stress of the legal process. They handle the paperwork, deadlines, and negotiations, allowing you to focus on recovery.

What Is Medical Malpractice?

A doctor in an operating theater with her tools in front of her and a team of nurses behind her.

Medical malpractice happens when a healthcare professional, such as a doctor, nurse, or hospital, fails to meet the accepted standard of care, resulting in patient injury or death. In Florida, the standard of care is what a reasonably competent healthcare provider would do under similar circumstances.

Malpractice can stem from errors in diagnosis, treatment, or follow-up care. To succeed in a claim, you must prove that the provider’s negligence directly caused harm.

Common Forms of Medical Malpractice

Medical malpractice occurs in various ways, each with the potential to cause significant harm to patients. These errors stem from negligence by healthcare providers, such as doctors, nurses, or hospitals, and can lead to prolonged suffering, additional medical costs, or even permanent disability.

Below are some of the most frequent forms of medical malpractice:

Misdiagnosis or Delayed Diagnosis: Failing to correctly identify a condition, like cancer or a heart attack, or delaying diagnosis can worsen a patient’s outcome, allowing the disease to progress unchecked.
Surgical Errors: Mistakes during surgery, such as operating on the wrong body part, performing unnecessary procedures, or leaving instruments inside a patient, can lead to severe complications or death.
Medication Errors: Prescribing the wrong drug, incorrect dosage, or failing to check for allergies or drug interactions can cause serious reactions, organ damage, or life-threatening conditions.
Birth Injuries: Negligent prenatal care or errors during delivery, such as improper use of forceps, can result in injuries like cerebral palsy or other lifelong disabilities for the child.
Anesthesia Errors: Administering too much or too little anesthesia, or failing to monitor a patient’s vital signs, can lead to brain damage, organ failure, or fatal outcomes.

Who Can Be Held Liable for Medical Malpractice?

Medical malpractice liability hinges on identifying which healthcare providers or entities failed to meet the accepted standard of care, directly causing patient harm. State law allows various individuals and organizations to be held accountable, depending on their role in the incident.

Determining liability requires a thorough investigation, often with medical experts, to pinpoint negligence and ensure all responsible parties are pursued for compensation. Below are the key parties who may be liable in a medical malpractice case:

Doctors and Surgeons: Liable for errors like misdiagnosis, improper treatment, or surgical mistakes, such as operating on the wrong body part, if their actions fall below medical standards.
Nurses: Responsible for negligence in patient care, such as failing to monitor vital signs or administering incorrect medication dosages.
Pharmacists: Accountable for dispensing the wrong drug or failing to warn about harmful drug interactions or allergies.
Anesthesiologists: Liable for errors in anesthesia administration, which can lead to severe complications like brain damage or death.
Hospitals and Clinics: Held responsible for staff negligence, inadequate training, or faulty equipment, such as malfunctioning surgical tools or diagnostic machines.
Medical Device Manufacturers: Liable if defective products, like flawed implants or surgical instruments, contribute to patient harm.
Other Healthcare Facilities: Surgical centers or outpatient clinics may be accountable for substandard care or unsafe conditions.

Identifying all liable parties is critical to maximize compensation for medical bills, lost wages, and suffering, as each may share responsibility under state law.

Proving Medical Malpractice in Florida

Proving medical malpractice requires meeting a high legal standard. You must show:

the healthcare provider owed you a duty of care
they breached that duty by acting negligently
the breach caused your injury
you suffered damages, such as medical costs or lost income.

This often involves expert testimony from medical professionals to establish the standard of care and how it was violated. Local law also requires a pre-suit investigation, where an expert verifies the claim’s validity before filing.

Gathering evidence, such as medical records and witness statements, is crucial.

Tampa Medication Error Lawyer: Fighting for Victims of Medication Mistakes

Medication errors are a leading cause of medical malpractice, affecting thousands of patients annually. These mistakes occur when a healthcare provider prescribes the wrong drug, incorrect dosage, or fails to check for harmful drug interactions or allergies.

A closeup of a physician holding a up a syringe with a gloved hand at chest level.

Victims of medication errors face serious risks, from organ failure to life-threatening allergic reactions. A medication error lawyer helps victims seek compensation for their injuries by proving negligence and holding responsible parties, like doctors, pharmacists, or hospitals, accountable.

They work with medical experts to demonstrate how the error deviated from standard care and caused harm.

Tampa Surgical Error Lawyer: Seeking Justice for Surgical Mistakes

Surgical errors, while rare, can have catastrophic outcomes. These mistakes include operating on the wrong body part, performing unnecessary procedures, or leaving instruments inside a patient.

Surgical error victims may face prolonged recovery, additional surgeries, or permanent disability. A surgical error lawyer investigates whether the surgeon, anesthesiologist, or hospital staff failed to follow proper protocols.

By analyzing surgical records and consulting experts, they build a case to prove negligence and secure compensation for medical expenses, lost wages, and emotional trauma caused by these preventable errors.

The Florida Statute of Limitations for Medical Malpractice Claims

In Florida, the statute of limitations for filing a medical malpractice claim is generally two years from the date the injury was discovered, or should have been discovered with reasonable diligence, as outlined in Florida Statutes § 95.11(4)(b). This means victims must initiate legal action within this timeframe, or they risk losing their right to seek compensation for damages like medical expenses, lost wages, and pain and suffering.

For example, if a patient undergoes surgery on June 1, 2023, and later discovers on January 15, 2024, through a second opinion, that the surgeon left a surgical sponge inside their body, causing infections, the two-year statute of limitations would typically begin on January 15, 2024. The patient would need to file a lawsuit by January 15, 2026.

However, if the patient could reasonably have discovered the issue earlier—say, through persistent symptoms and medical imaging in August 2023—the clock might start then, requiring a lawsuit by August 2025. Missing this deadline could bar the claim entirely.

Exceptions may extend this period. If the malpractice involves fraud, concealment, or intentional misrepresentation by the healthcare provider, the statute of limitations may be extended to seven years from the date of the incident.

For minors under eight years old, the statute is tolled until their eighth birthday, allowing claims to be filed up to that point or within two years of discovery, whichever is later. For instance, if a three-year-old suffers malpractice in 2023, their family could file a claim until the child turns eight in 2028, provided the injury was discovered within that period.

Additionally, state medical malpractice laws require a 90-day pre-suit notice period before filing a lawsuit, during which the defendant can investigate the claim. This period does not pause the statute of limitations, so timely action is critical.

In the surgical sponge example, the patient’s attorney would need to serve the pre-suit notice well before the two-year deadline to allow for this 90-day period while ensuring the lawsuit is filed on time. Consulting a medical malpractice attorney promptly ensures compliance with these strict deadlines and helps navigate any applicable exceptions to protect your right to compensation.

Finding a Tampa Medical Malpractice Lawyer Near Me

Selecting the right Tampa medical malpractice lawyer is a critical step toward achieving justice for injuries caused by healthcare negligence. Medical malpractice cases are complex, involving intricate medical evidence, strict laws, and aggressive defense teams.

A skilled attorney can navigate these challenges, advocate for your rights, and help secure compensation for medical bills, lost wages, and emotional suffering. Below are detailed steps to guide you in finding a qualified medical malpractice law firm that meets your needs.

Research Attorneys with Medical Malpractice Experience

Start by identifying attorneys who specialize in medical malpractice, as this area of law requires specific expertise.

Not all personal injury lawyers have the knowledge or resources to handle cases involving medical negligence. Look for professionals with a proven track record in cases similar to yours, such as misdiagnosis, surgical errors, or medication mistakes.

Use online resources like legal directories, bar association websites, or search engines to find nearby lawyers. Check their websites for case results, client testimonials, and details about their experience in medical malpractice.

Narrow your list to attorneys who demonstrate a deep understanding of local medical malpractice laws.

Verify Credentials and Professional Standing

Once you have a shortlist, verify each attorney’s credentials to ensure they are qualified and reputable. Confirm they are licensed to practice in the state by checking the Bar Association’s website, which provides information on an attorney’s status and any disciplinary actions.

Look for board certifications in medical malpractice or trial law, as these indicate advanced expertise. Membership in professional organizations, such as the Florida Justice Association or the American Association for Justice, can also signal a commitment to staying updated on legal trends.

Avoid attorneys with a history of ethical violations or unresolved complaints, as these red flags could impact your case.

Seek Recommendations and Read Reviews

Personal recommendations and online reviews provide valuable insights into an attorney’s reputation and client satisfaction. Ask friends, family, or trusted professionals for referrals to law firms they’ve worked with.

If you know healthcare providers or other attorneys, they may also offer reliable suggestions. Online platforms like Google, Avvo, or Yelp feature client reviews that highlight an attorney’s communication style, responsiveness, and success rate.

Pay attention to patterns in feedback—consistent praise for empathy or results is a good sign, while repeated complaints about unresponsiveness warrant caution. Cross-reference reviews with other sources to get a balanced perspective.

Schedule Free Consultations to Evaluate Fit

Most Tampa medical malpractice lawyers offer free initial consultations, allowing you to discuss your case and assess whether they’re the right fit. Schedule meetings with at least two or three attorneys to compare their approaches.

Prepare a summary of your situation, including key details like the healthcare provider involved, the incident, and your injuries. During the consultation, ask about their experience with similar cases, their strategy for your claim, and their assessment of your case’s strengths and weaknesses.

Evaluate their communication style—do they explain legal concepts clearly? Are they attentive and empathetic? A good attorney will listen carefully and provide honest, realistic expectations.

Assess Local Knowledge and Resources

Choosing a locally based lawyer with local knowledge gives you an advantage in medical malpractice cases.

Attorneys familiar with Hillsborough County’s courts, judges, and legal procedures can navigate your case more efficiently. They often have established relationships with local medical experts who can provide critical testimony to support your claim.

Ask potential lawyers about their experience in legal and medical communities. Additionally, ensure they have the resources to handle complex cases, such as access to investigators, expert witnesses, and financial backing to take on well-funded hospitals or insurance companies.

A local attorney with robust resources is better positioned to build a strong case.

Understand Fee Structures and Agreements

Before hiring a lawyer, clarify their fee structure to avoid surprises. Most attorneys work on a contingency fee basis, meaning they only get paid if you win or settle your case.

Fees typically range from 25% to 40% of the recovery, depending on the case’s complexity and whether it goes to trial. Ask for a clear explanation of the percentage, any additional costs (e.g., expert witness fees or court filings), and how expenses are handled if the case is unsuccessful.

Review the retainer agreement carefully, and don’t hesitate to ask questions about unclear terms. Transparency about costs ensures you can focus on your case without financial stress.

Trust Your Instincts and Prioritize Communication

Finally, choose a Tampa personal injury attorney you feel comfortable with and trust to represent your interests. Medical malpractice cases can take months or even years, so a strong attorney-client relationship is essential.

During your consultations, note whether the lawyer listens attentively, answers questions thoroughly, and shows genuine care for your situation. Effective communication is key—your attorney should keep you informed about case progress and be accessible for updates.

If an attorney seems dismissive, overly aggressive, or hard to reach early on, they may not be the best fit. Trust your instincts and select someone who inspires confidence and prioritizes your needs.

Choose Our Tampa Medical Malpractice Law Firm: Darrigo & Diaz

If you or a loved one has been harmed by medical malpractice, don’t face the complex legal process alone. Darrigo & Diaz Attorneys at Law is here to help you seek justice and fair compensation for your injuries.

With decades of experience handling medical malpractice cases, our dedicated team understands the law and has the resources to take on powerful hospitals and insurance companies. We offer compassionate, personalized support, guiding you every step of the way—from investigating your claim to fighting for the compensation you deserve for medical bills, lost wages, and pain and suffering.

Our firm is committed to holding negligent healthcare providers accountable and helping you rebuild your life. Call us at (813) 774-3341 to schedule your free, no-obligation consultation. Let us fight for you while you focus on healing.

Medical Malpractice FAQ

What qualifies as medical malpractice in Tampa, Florida?

Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, deviates from the accepted standard of care, resulting in patient injury or death. By law, you must prove four elements: (1) the provider owed a duty of care, (2) they breached this duty by acting negligently, (3) the breach directly caused the injury, and (4) the injury led to damages, such as medical costs or emotional distress.

How much is a Tampa medical malpractice attorney?

Most medical malpractice attorneys work on a contingency fee basis, meaning you pay no upfront fees, and the attorney only receives payment if you win a settlement or verdict. The state constitution limits these fees to 30% of the first $250,000 in damages (excluding costs) and 10% of amounts above $250,000, though clients can waive this limit with a notarized agreement, allowing fees of 30% to 40% depending on the case’s complexity.

What is the average settlement for a medical malpractice lawsuit in Florida?

The average settlement for a medical malpractice lawsuit varies widely depending on the case’s specifics. A 2022 Malpractice Search database reported an average settlement of $314,687, while the National Practitioner Data Bank noted a U.S. average of $348,065, with the state aligning closely.

Settlements depend on factors like the severity of the injury, economic damages (e.g., medical bills, lost wages), and non-economic damages (e.g., pain and suffering).