Recent data shows that 100,000 Americans die every year due to medical malpractice. Even more sustained a permanent personal injury due to medical negligence.
If you trusted a doctor in St. Petersburg to treat you for an ailment, whether it required a simple diagnosis or a complicated operation, you put your health in medical professional’s hands. You expected your doctor to be looking out for your best interest, your health, and your well-being. Unfortunately, there are doctors you simply can’t trust, and if you’re here, you may have come across one in the Tampa Bay area.
It’s important to know what steps you can take to file medical malpractice claims. If you have a permanent personal injury or if a loved one was tragically lost due to a hospital’s negligence, you need to consult our St. Petersburg medical malpractice lawyers today.
Recent data shows that 100,000 Americans die every year due to medical malpractice. Even more sustained a permanent personal injury due to medical negligence. If you were injured or a loved one was lost by wrongful death at St. Petersburg General, Johns Hopkins All Children’s, St. Anthony’s, Bayfront Health, Northside Hospital, or another hospital in St. Petersburg, it’s time to schedule a free consultation with our St. Petersburg medical malpractice lawyers.
We want you to have all the information you need to understand the process of filing medical malpractice claims. Let’s first review what you should know before you schedule your free consultation so that you’re better prepared to speak to us about the specifics of your medical malpractice case. What does Florida law say about medical malpractice claims?
Understanding Medical Malpractice Terms
Florida law has an entire chapter dedicated to describing the definitions, processes, and restrictions related to medical malpractice cases.
In Title XLV, Chapter 766 of Florida state law, Florida State Statute 766.102 states: “In any action for recovery of damages based on the death or personal injury of any person in which it is alleged that such death or injury resulted from the negligence of a health care provider as defined in s. 766.202, the claimant shall have the burden of proving by the greater weight of evidence that the alleged actions of the health care provider represented a breach of the prevailing professional standard of care for that health care provider. The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”
Basically, this means that the legal definition of medical malpractice is when a doctor, nurse, or hospital fails to provide sufficient medical treatment and instead causes a new or aggravated personal injury as a result, including wrongful death. So, what does this mean for medical malpractice claims? These are some terms you need to familiarize yourself with before scheduling your free consultation. Before you hire a St. Petersburg medical malpractice attorney, make sure you understand these key takeaways:
Medical Negligence: Medical negligence is the act or lack thereof of medical attention or treatment for a condition or ailment that deviates from the acceptable standard of care. Medical negligence is the heart of a medical malpractice case, which means that all of the information you have to prove that your doctor, nurse, or hospital did not meet the legal standard of care will be crucial to proving malpractice.
Standard of Care: If a medical professional with a similar background can describe how they would have approached the situation differently to treat the ailment, this is considered the standard of care. If you can find multiple expert medical witnesses to testify that they would have taken a different medical approach to avoid personal injury, this is excellent for your medical malpractice case.
Statute of Limitations: There is an allotted amount of time that you, as the patient, have to file a medical malpractice lawsuit. Depending on your personal injury or the severity of the incident, there are different regulations. Make sure to check the statute of limitations with our medical malpractice lawyers in your free consultation. In the state of Florida, you must file the lawsuit within two years of discovering the injury.
Now that you know the basic terms for your medical malpractice case let’s discuss the process. What steps will our St. Petersburg medical malpractice lawyers take to get the settlement you deserve?
Proving Medical Negligence and Malpractice
Our law firm’s medical malpractice lawyers will need to gather information from the St. Petersburg hospital where you received care. Our medical malpractice lawyers will start with an investigation of the incident, talking to any doctors, nurses, or hospital staff that were present at the time of the treatment or diagnosis. Our law firm is here to help you get the retribution you deserve, and to do that we must talk with all of the witnesses.
Once your St. Petersburg medical malpractice lawyers gather statements from the witnesses, they will begin assessing your healthcare records. Our St. Petersburg medical malpractice lawyers will gather witnesses and health records. Our medical malpractice lawyers will gather testimonies from other reputable doctors and medical professionals to build your case. We want the best possible statements on standard of care to prove your doctor’s medical negligence.
Our medical malpractice lawyers will also ensure that we have an expert financial witness to testify on your lost wages due to the personal injury or your loved one’s wrongful death. Your doctor’s medical negligence should not stand in the way of your rightful compensation. Being out of work is a serious issue, and you need the retribution to pay for the hospital bills.
Did we say medical bills? Those are piling up, we’re sure, but Denmon Pearlman’s medical malpractice attorneys are on your side. We take care of negotiations with the insurance adjusters so that you pay the least possible amount up front before the settlement. You shouldn’t have to endure a heated argument with your insurance company after your doctor gave you or your loved one a personal injury. Let our St. Petersburg medical malpractice lawyers bite the bullet and take it on for you.
Our lawyers do everything we can to keep your legal malpractice case out of the Pinellas County courts. However, if our medical malpractice lawyers see an opportunity for a much larger settlement, we will advise you to pursue a trial. If you’re worried about the courtroom proceedings, our law firm’s medical malpractice lawyers are the ones to have on your side. You don’t want to oppose our aggressive medical malpractice lawyers. Our approach calls out your doctor’s medical error with every fact we have to put into evidence. We will fight for your rights because no doctor should get away with personal injury, medical malpractice, or wrongful death.
Call our law firm’s medical malpractice lawyers in St. Petersburg to schedule a free consultation. We’ll discuss your specific medical malpractice lawsuit in detail in our free 60 minute session.
Why Denmon Pearlman?
Our medical malpractice lawyers have extensive experience with St. Petersburg medical malpractice cases. If a doctor injures a Pinellas County resident, we will fight to ensure that this healthcare provider doesn’t make the same decision on another patient. We go into this medical malpractice case with your best interests as the plaintiff at heart. Our medical malpractice lawyers will negotiate for both financial reimbursement as well as non-economic damages.
Non-economic damages are paid out based on your pain and suffering. We will showcase exactly what this doctor’s actions did to your physical health, but also to your mental and emotional states. The Florida Supreme Court recently ruled to eliminate the damage caps on pain and suffering. Previously, these damage caps only allowed pain and suffering settlements up to $1 million. However, Florida law now recognizes a higher settlement for the devastating costs of more serious cases.
Our medical malpractice lawyers are ranked among the best in the Tampa Bay area. Whether your medical malpractice lawsuit entails surgical error, failure to diagnose, medical negligence, or wrongful death, we are committed to helping you get the settlement you deserve.