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What is Medical Malpractice?

Doctors, pharmacists, nurses and other medical professionals are human, they can make mistakes. When a mistake is made regarding a surgery, prescription or other medical procedure, it is referred to as medical malpractice. In addition, when deliberate action is taken regarding an unnecessary procedure for any reason, this is also medical malpractice. The reasons for deliberate malpractice generally involve money and fraud. Sadly, the results of this unscrupulous action can be extremely severe and even deadly in some cases. If you have been the victim of this type of medical treatment then it is important to know that you have rights. You may be able to file a lawsuit against the negligent individual to obtain monetary compensation for the suffering you have undergone, and any financial hardship that has resulted from this case. You will need to prove various elements in your case and you will most likely be required to appear in court. At Boohoff Law, P.A. — Auto Accident Lawyers, our Tampa medical malpractice lawyers will be able to provide you with legal assistance in your case and provide you with aggressive representation in court. We will also be able to pursue a settlement outside of court if this favors your case better.

Even in the most trusted facility, receiving the medical care you need and deserve isn’t always that simple. Mistakes made by a medical professional or the facility where they work can cause serious injuries to patients or even death. A simple mistake made by a doctor or medical professional, such as forgetting a single piece of cotton in your system after surgery, isn’t only dangerous to your health, but undoing this mistake can become costly.

Although a medical professional, just like any other human, can make mistakes, this does not excuse them from facing the repercussions of their negligent behavior.

After all, the nature of their practice is very delicate because it involves operating between a thin line of life and death. Obtaining compensation for your injuries and losses can allow you to access and afford corrective medical attention or undergo physical therapy for your injuries.

Our Tampa medical malpractice lawyers at Boohoff Law are always ready to begin protecting your rights by building a solid defense on your behalf. If the action of a medical professional injured you or a loved one, don’t hesitate to get in touch with one of our lawyers, who can assist you in filing your claim and seeking monetary compensation for your losses.

Medical Malpractice in Tampa

If you are in the Tampa area, you have many options for quality healthcare.

Some major providers in the area that we are not afraid to take on include:

• Tampa General Hospital
• USF Health South
• Tampa Family Health Centers
• HCA Florida South Tampa Hospital
• AdventHealth Tampa

While many of these health centers have good reputations, malpractice can still happen, and large facilities can fight against liability. You need a lawyer who is not afraid to take on these medical providers – you need Boohoff Law.

How Does Medical Malpractice Happen?

Medical malpractice occurs when a medical practitioner like a nurse, doctor, physician, pharmacist, dentist, anesthesiologist, dentist, or any other medical professional makes an error that causes injury or death to the patient. It can also occur due to the negligence of the medical facility. The facility may be responsible if a patient suffers injury or death during or after the medical treatment process.

When a medical facility hires an unqualified professional, for instance, you may hold the facility liable for any injuries or fatalities they caused. Before deciding who is responsible for your damages in a medical malpractice claim, your attorney needs to consider several factors.

Our Tampa medical malpractice lawyers can walk you through every step of the tricky claims process so that you can obtain full and fair compensation for your injuries. ​

The Serious Nature of Medical Malpractice in Tampa

According to a study, medical errors are the third-leading cause of death in the United States just after cancer and heart-related diseases. Estimates indicate that more than 440,000 people die every year due to the negligence or recklessness of medical practitioners. Hundreds of thousands of situations leave patients to nurse serious injuries or face worsened health outcomes.

Unfortunately, medical errors are prevalent in Florida, and most victims of medical malpractice in Tampa face worse treatment outcomes, have adverse reactions to prescribed medication, or require revision surgeries. Our medical malpractice attorneys understand the seriousness of medical malpractice claims which is why we work to seek justice for your suffering so you can get back on the road to recovery sooner.​

Types of Damages Available in Medical Malpractice Lawsuits

There are a wide variety of damages victims of medical malpractice may recover. Understanding the type of compensation available in your claim requires the help of a knowledgeable personal injury lawyer. To obtain compensation for losses and injuries in a medical malpractice claim, the burden of proof falls on the victim and the victim’s attorney. They must show that the medical professional’s negligence directly caused damages in some way and place an approximate price on those damages.

The types of damages you may receive in a medical malpractice case include:

Economic damages: Economic or special damages are a form of compensation that reimburses the victim for any financial costs related to treatment or therapy required due to injuries sustained in the act of medical negligence. These types of damages should cover the cost of medical bills, lost wages, expenses for medical equipment used during your treatment, or any future medical expenses.

A victim of medical malpractice may be reimbursed for lost income or recover damages for loss of earning capacity due to permanent disability resulting from the incident. In some cases, our lawyers will hire experts to investigate your claim, and we may even call them to testify in support of any requests you make for more complex damages.

Non-economic damages: Non-economic or general damages cover emotional pain and suffering the victim endured and are not as easily quantifiable in a dollar amount. These damages should reimburse a victim of medical malpractice for things like loss of enjoyment of life. If an act of medical malpractice leaves you permanently disabled, you may also receive compensation for future loss of earning capacity. Claiming non-economic damages must be proven through witness or expert testimony.

Our lawyers may also request supporting testimony from your friends and family members. Painting a complete picture for the judge or jury making determinations in your case with statements from your friends and family can help them understand the full impact that medical malpractice had on your life.

Types of Medical Malpractice

A variety of scenarios can fall under the term medical malpractice, and any medical professional may be responsible for complications from your visit. Determining if you have a medical malpractice claim is not always straightforward. Some forms of negligence are more challenging to recognize, causing the patient to suffer serious, long-term consequences.

The most common forms of medical malpractice include:

• Prescription errors: Errors in prescribing and administering medication are common, affecting upwards of 10,000 Americans every year. A prescription error may occur when the doctor or the pharmacist prescribes the wrong medication or dose, or when the medicines prescribed interact unfavorably with one another, causing damage or injury to the patient.
• Surgical mistakes: When a medical professional, most likely the surgeon operating, forgets an instrument like a pair of scissors, gloves, or any other medical equipment inside the patient’s body, it can lead to severe complications. Other surgical errors include operating on the wrong patient body part, failing to monitor vitals, or adhering to adequate post-surgical care procedures. When unsanitary conditions lead to the patient developing a severe illness or infection, the surgeon may also be liable for their injuries.
• Birth injuries: When a doctor or technician fails to treat prenatal conditions or use delivery tools properly, they may be responsible for medical negligence. Common birth injuries caused by medical errors include conditions like cerebral palsy, shoulder dystocia, spinal cord injuries, cephalohematoma, and other nerve damage. An additional example of medical malpractice categorized as a birth injury is when a medical professional overlooks a critical sign that suggests that the child or mother can suffer injuries or die.
• Misdiagnosis: Failure to properly recognize and diagnose a condition is a common mistake that often leads to a medical professional predicting incorrect treatment procedures or dismissing the condition altogether. Delaying the correct diagnosis in cases where patients have a life-threatening condition can have devastating consequences, such as the illness progressing to a more advanced stage. The most commonly misdiagnosed medical conditions are lung cancer, stroke, and blood infection or sepsis.
• Delayed treatment: Failing to treat the patient in time or ignoring a patient’s concerns can cause a medical condition to worsen. Delayed treatment does not refer to instances where the patient decides not to seek medical care; however, a delayed diagnosis can only occur when a medical professional fails to diagnose a condition within a reasonable amount of time. For example, a patient with lung cancer that goes undetected for many years may hold the physician responsible for failing to diagnose their condition.

Our experienced medical malpractice lawyers understand the fear and anxiety you are probably experiencing, which is why we’re available to advocate on your behalf so you can get compensation for your pain and suffering. To learn more about our services or schedule an initial consultation, don’t hesitate to call our office.

Most Common Causes of Medical Negligence

In the United States, all medical professionals have a legal duty to their patients with a certain standard of medical care, including patient safety. Malpractice claims arise when a doctor fails to uphold that duty and accidentally or purposefully inflicts harm on their patient. Examples of medical mistakes include misdiagnosis, surgical errors, or birth injuries.

Some of the most common causes of medical error are: 

Poor communication

Inadequate communication with patients is one of the leading causes of medical errors. These issues may arise between a physician, nurse, patient, or any other type of healthcare team member.

Sleep deprivation and burnout

Research shows that over half of all practicing medical professionals suffer from burnout at some point in their careers. The primary cause of burnout is working odd or long hours. A fatigued medical professional is more likely to commit a medical error. ​

Patient-related issues

Examples of issues related to patient care may include failure to obtain consent or the patient’s medical background. Inadequate patient assessment and inappropriate patient identification are additional examples of patient-related issues committed by medical professionals that can lead to serious consequences.

Workflow issues and inadequate policies 

A staffing shortage may not cause a medical error to occur directly. Still, it can cause medical negligence because inadequate staffing may lead to situations where healthcare team members and staff are more likely to commit a mistake. Failures in the care process, including poor or non-existent documentation or inaccurate labeling of a specimen, can lead to a chaotic and devastating mix-up between patient files.

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Filing for Damages

Our firm of personal injury lawyers works to provide our clients with a favorable outcome to their case. We provide settlement, litigation, and trial services in order to pursue the best option for maximum damages. If you have suffered injuries due to a negligent medical professional, then you will greatly benefit from our firm’s assistance. Our legal team is compiled of both medical and litigation paralegals. We have the experience that you will need on your side. We will be able to answer your questions regarding your situation, discuss your available options with you, advise you of the best legal action for you to take and provide you with aggressive representation of your case in court. Contact our Tampa medical malpractice firm today to discuss your case and how we can help you.

Tampa Medical Malpractice FAQs

​Can more than one party be liable for medical negligence?

Yes, you might hold several people responsible in a medical malpractice lawsuit. In some cases, multiple medical professionals may be involved in your treatment and equally share blame for your injuries. Medical facilities and other hospital staff may also be responsible if they fail to provide adequate patient care and uphold best safety practices. ​

How much is my medical malpractice claim worth?

The amount of compensation you may receive in a medical malpractice claim will depend on several unique factors of your case. Patients who suffer permanent disability resulting from an incident involving medical negligence will likely recover a higher award or damages than those with minor injuries.

Why should I hire an attorney for a medical malpractice case?

Medical malpractice cases are complex, and dealing with a claim for medical negligence while you attempt to recover from any injuries you’ve sustained might feel impossible. Our Tampa medical malpractice lawyers will assemble and interpret medical documents on your behalf and can retain experts to testify. When you attempt to represent yourself and are unfamiliar with the legal system, it can result in a loss of your rights altogether.

How can I be sure that I have a valid case for medical malpractice?

The only way to determine if your medical malpractice case is valid is by consulting with an experienced medical malpractice lawyer. When you receive a bad outcome after surgery or any other medical treatment or therapy, you may be wondering if you’re a victim of medical malpractice. Consulting with one of our Tampa medical malpractice lawyers is the best way to have your questions answered thoroughly and accurately. ​

How long do medical malpractice cases take to settle?

Because every case is unique, there is no one-size-fits-all approach to medical malpractice claims. Some cases may take several months to resolve, while others may take several years. Our attorneys can help you understand your options and discuss the possible time it may take to resolve your case.

Contact a Tampa Medical Malpractice Attorney About Your Situation

Proving that you were the victim of medical malpractice can be tricky, but failure to do so can result in an unsuccessful claim. In some cases, the insurance company or those representing the medical professional’s legal rights will try and place blame on the victim. The medical professional whose negligent actions caused your injury will almost always understand the delicate nature of the case against them, which is why they often seek the advice and assistance of highly qualified medical malpractice lawyers.

Having a lawyer on your side can make a tremendous difference in the outcome of your case. Our lawyers have extensive experience handling medical malpractice cases and have developed proven strategies to ensure a successful outcome. Contact us regarding your medical malpractice claim, and a member of our staff will help you set up an initial consultation to speak with one of our experienced attorneys.

Client Testimonial

“Boohoff Law, P.A. — Auto Accident Lawyers, Definitely stands behind Integrity the staff is extremely professional. Tatiana is not only a fantastic attorney in her expertise however she’s also down-to-earth, truly a people person. I believe in establishing relationships in any type of business that you do, they definitely bring that to the table. Thank you for all your help in my time of need. I would highly recommend this firm to represent you.”

-Elissa M.

Review: 5/5 ★ ★ ★ ★ ★

Boohoff Law, P.A. — Auto Accident Lawyers
Tampa, Florida Location

829 W Dr Martin Luther King Jr Blvd
Tampa, FL 33603
Phone: (813) 725-5606