Tampa Medical Malpractice Attorney
If you or someone you love was injured because of medical negligence, you may have a medical malpractice claim. Doctors, surgeons, nurses, and other health care providers must provide care that meets the prevailing professional standard of care applicable to the circumstances.
Under Florida Statutes § 766.102, the prevailing professional standard of care is the level of care, skill, and treatment recognized as acceptable and appropriate by reasonably prudent similar health care providers under comparable circumstances. A provider who breaches that standard and causes a patient harm may be held liable for the resulting damages.
Florida has specific substantive and procedural requirements for medical negligence claims. Working with an experienced Tampa medical malpractice lawyer from the Law Offices of Wolf & Pravato can help you understand those requirements, preserve relevant evidence, and pursue the compensation available under Florida law.
How Will Wolf & Pravato Prove Negligence in My Medical Malpractice Claim?
A person injured by medical negligence may be entitled to pursue compensation for losses such as medical expenses, lost wages, diminished earning capacity, pain and suffering, mental anguish, and other damages supported by the evidence.
To establish a medical malpractice claim, the injured patient generally must prove that:
- The health care provider owed the patient a duty of care;
- The provider breached the applicable prevailing professional standard of care;
- The breach directly and proximately caused the patient’s injury; and
- The patient suffered legally compensable damages as a result.
Medical malpractice cases commonly require testimony from a qualified medical expert. The expert may explain the applicable standard of care, how the defendant’s conduct departed from that standard, and whether the departure caused or contributed to the patient’s injury. Florida law also imposes presuit investigation and expert-corroboration requirements that must be evaluated before a medical negligence lawsuit is filed.
Damages in Florida Medical Malpractice Cases
Compensation in a Florida medical malpractice lawsuit may include both economic and noneconomic damages, depending on the facts and evidence in the case.
Economic damages may include medical expenses, rehabilitation costs, lost income, reduced earning capacity, and other measurable financial losses. Noneconomic damages may compensate for losses such as pain and suffering, mental anguish, disability, disfigurement, and loss of enjoyment of life.
Florida previously imposed statutory caps on noneconomic damages in medical malpractice cases under former Florida Statutes § 766.118. Those caps are no longer enforceable in ordinary medical malpractice personal injury and wrongful death cases. The Florida Supreme Court held the wrongful death caps unconstitutional in Estate of McCall v. United States and later held the personal injury caps unconstitutional in North Broward Hospital District v. Kalitan.
Florida Statutes § 766.101 does not establish medical malpractice damage caps. That statute concerns medical review committees and immunity relating to their authorized activities. Although the former general noneconomic damage caps cannot be applied, the amount recoverable still depends on the evidence, the responsible parties, the nature of the injuries, and any other laws applicable to the particular defendant or claim.
Contact Our Tampa Medical Malpractice Attorney
Medical malpractice injuries can lead to ongoing health problems, additional medical expenses, lost income, and lasting physical and emotional harm. If medical negligence has left you unable to work or has otherwise affected your life, a Florida personal injury lawyer can review your circumstances and explain your legal options.
Contact the attorneys at Wolf & Pravato today to schedule a consultation. Call 1-954-633-8270.
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