At Greco & Wozniak, P.A., we believe physicians, nurses, and other medical professionals should be held accountable for failing to meet the prevailing standard of care. The Florida Legislature has passed several laws that make it exceedingly difficult for victims of medical negligence to pursue action against healthcare providers for their medical mistakes. However, our team of medical malpractice lawyers has experience navigating the complexities of these laws and retaining expert medical witnesses to help our clients seek compensation for their injuries.
Medical Malpractice Lawyers in Tampa, FL
We handle all types of medical malpractice cases involving medical conditions, surgeries, and other types of treatments for affected clients throughout the Tampa, FL, area. The types of medical malpractice cases we are experienced in pursuing include:
- Failure to make a timely diagnosis of severe health conditions such as heart attack, stroke, DVT, pulmonary embolus, cancer, infection, or pressure sores
- Surgical or anesthesia error such as hypoxic brain injury, paralysis, spinal cord injuries, nerve injuries, orthopedic injuries, eye injuries, or death
- Failure to inform the patient of known risks
- Nursing home negligence
- Pharmacy negligence
- Physical therapy negligence
- Errors administering IV medication and treatments
- Retained foreign objects
Medical Malpractice Frequently Asked Questions
Q. What does the law require you to prove to prevail in a medical malpractice case? A. Generally speaking, a claimant must prove three things to prevail in a medical malpractice action.
- Liability: A medical provider deviated from the prevailing standard or care.
- Causation: The deviation from the usual standard of care resulted in substantial harm or death which would have been avoided had the standard of care been met.
- Damages: Substantial injury or death was caused.
Q. Why is a doctor not automatically responsible for my damages when a surgical procedure does not go as expected? A. Medical professionals often successfully defend cases on the basis that an injury experienced during a surgical procedure was a known complication. While it's true that a claimant may not necessarily have a case due to an unexpected outcome of care, their doctor may still be subject to a medical malpractice case if they did not meet standards of care, did not inform the patient of risks, or if a diagnosis was not made promptly.
Q. What is the process of pursuing a medical malpractice case? A. Before filing a lawsuit in a medical malpractice case, we must gather all pertinent medical records for review by a medical provider in the same specialty as the provider we intend to sue. That expert must then provide a corroborating affidavit stating that there is a reasonable basis to believe that the defendant's medical professional deviated from the prevailing standard of care. Once we obtain the corroborating affidavit, we must send a Notice of Intent to Initiate the Claim for Medical Malpractice to all prospective defendants. At that point, the defense will have 90 days to investigate the claim. Both parties involved are permitted to take unsworn statements and obtain presuit requests for information concerning the case. At the end of the 90 days, the defense can either make an offer to settle the case out of court, offer to admit liability and proceed to arbitration on damages, or deny the claim by obtaining a corroborating affidavit from an expert in the same specialty stating that the standard of care was met. In our experience, claims are most often denied, at which point we promptly file a lawsuit.
Q. How long will it take to resolve my case? A. Medical malpractice cases are typically extensive due to the presuit process and intensive discovery, or investigation of the facts, before trial. Should it be necessary to take the case to trial, it is not uncommon for it to take approximately 18-24 months from the date the lawsuit is filed.
Q. How much will it cost to prosecute my case? A. Medical malpractice cases are among the most expensive to litigate, and the total can vary greatly depending on the type of situation. Generally, costs run between $50,000 to $150,000 based on the number of defendants, different types of expert witnesses, and the overall complexity of the case.
Q. Are there caps on non-economic damages? A. No. In 2014, the Florida Supreme Court, entered two landmark decisions finding the statutory caps on wrongful death non-economic damages to be unconstitutional. There are currently no caps on non-economic damages in any case under Florida law.
Q. If it should be necessary to file suit on my case, why can’t we sue the at-fault party’s insurance company in addition to the at-fault party? A. Florida has a non-joinder statute that prohibits you from suing an at-fault party’s insurance company. Unless suing your insurance carrier, or seeking action against the at-fault party's insurance carrier for bad faith, you must file a lawsuit against the persons responsible, not the insurance company. The Florida State Legislature passed this statute after insurance companies argued that a jury would be less sympathetic to an insurance company as a party and, therefore, inclined to award more money.
If you or a family member has suffered a serious injury or preventable death that you believe was the result of medical malpractice, our experienced attorneys can help you pursue the compensation you deserve. Contact the Tampa, FL office of Greco & Wozniak, P.A. at 813-223-7849 for your free consultation.
This site is made available as a service to our clients for informational purposes only. The material contained in this website is intended to be a general overview and does not pertain to any specific legal matter. Nothing contained in this website should be substituted for the advice of an attorney nor does it create an attorney client relationship between any reader and Greco & Wozniak P.A. An attorney must always be consulted before relying on any of the information contained on this site.