Personal Injury Medical Malpractice Attorney in Brandon
When a health care provider neglects to provide proper care, patients and families deserve justice. Curry Law Group's medical malpractice attorneys have decades of experience holding negligent providers accountable throughout Hillsborough County.
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What is Medical Malpractice?
Medical malpractice is the act of negligence by a doctor, healthcare specialist or surgeon while treating a patient. It focuses on any breach of conduct that is recognized by other co-workers in the same field. Typical cases may include excessive dose of a harmful medicine which may result in a side effect, the wrong removal of an organ, or forgetting to remove a surgical tool while closing a surgery. All of these cases can be fatal, and the doctor responsible must be held accountable.
Determining Whether You Have a Case in Florida
In Florida, specific criteria must be met to establish a medical malpractice case. Firstly, there must be a doctor-patient relationship, establishing a duty of care. It must be demonstrated that the healthcare provider breached the standard of care. This breach must then be directly linked to the injuries or harm suffered. Medical malpractice claims in Florida are subject to a statute of limitations, emphasizing the importance of timely action.
Types of Medical Malpractice Cases We Handle
We handle cases involving: surgical errors and foreign objects left in patients, misdiagnosis or delayed diagnosis, medication errors and dosage mistakes, birth injuries caused by delivery negligence, anesthesia errors, emergency room negligence, nursing home neglect and abuse, and hospital-acquired infections due to sanitation failures.
Why You Need a Medical Malpractice Attorney
Medical practitioners must provide patients with a certain level of care. If that level of care is not kept due to negligence, they must be held responsible. A medical malpractice attorney will help you prosecute the responsible party if the medical practitioner was negligent while performing a medical treatment, and due to negligence, caused you to experience a medical injury that could have been avoided. In many cases, the sooner you obtain an attorney, the better your chances.
Frequently Asked Questions
How long do I have to file a medical malpractice claim in Florida? Generally, two years from when you discovered the injury. Contact us immediately. Do I need a medical expert for my case? Yes. Florida law requires a certificate of merit from a medical expert before filing. What compensation can I receive? Medical costs, lost wages, pain and suffering, permanent disability, and future care expenses.
Contact Curry Law Group Today
If you or a loved one finds themselves the victim of medical malpractice, please call The Curry Law Group for legal counsel and representation. We service the entire Tampa Bay Area and would like the chance to represent you. Call 813-653-2500.
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Key Legal Terms
Important Personal Injury Terms
Understanding these terms can help you make informed decisions about your case.
Assumption of Risk
A defense arguing the injured person voluntarily accepted the known dangers of an activity. In Florida, it can reduce or bar recovery depending on the type of risk assumed.
Read full definitionBad Faith Insurance
An insurer's unreasonable refusal to settle or pay a valid claim. In Florida, a bad faith claim can expose the insurer to damages beyond the policy limits.
Read full definitionBreach of Duty
A failure to meet the standard of care that a reasonably prudent person would exercise under similar circumstances. Breach of duty is a required element of any negligence claim.
Read full definitionBurden of Proof
The obligation of a party to prove a disputed fact. In most personal injury cases, the injured person bears the burden of proving each element of their claim by a preponderance of the evidence.
Read full definitionCausation
The link between a defendant's conduct and the plaintiff's injury. A plaintiff must prove both actual cause (but-for) and proximate cause to recover damages.
Read full definitionCausation Letter
A doctor's written opinion that your injury was caused by the accident. Insurance companies often require this note to connect your pain to the incident before they will pay.
Read full definitionStart Consultation
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What Compensation Can You Recover in a Medical Malpractice Lawsuit?
A successful Florida medical malpractice claim may provide compensation for financial losses and the human effects of an injury caused by negligent medical care. Potential damages can include additional medical expenses, future treatment, lost income, diminished earning capacity, pain and suffering, disability, disfigurement, and qualifying wrongful death losses.
Read MoreHow Do You Know Whether You Have a Medical Malpractice Case?
A poor medical outcome does not automatically mean medical malpractice occurred. A potential Florida medical malpractice case generally requires evidence that a healthcare provider failed to meet the prevailing professional standard of care and that the failure caused an injury or made an existing condition materially worse.
Read MoreHow Long Do You Have to File a Medical Malpractice Claim?
Florida medical malpractice claims are generally subject to a two-year statute of limitations and a four-year statute of repose. The two-year period generally begins when the incident occurred or when the incident was discovered—or should have been discovered through reasonable diligence. The four-year statute of repose generally creates an outside deadline measured from the date of the medical incident.
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Personal Injury Questionnaire
Complete this before your consultation if you've been injured in an accident.
Top-Asked Questions
In Florida, you typically have four years from the date of injury to file a personal injury lawsuit. However, this deadline (called the statute of limitations) can vary depending on the type of injury and circumstances. It's important to act quickly because evidence can disappear and witness memories fade. We recommend contacting an attorney as soon as possible after an injury.
You may recover damages for medical expenses (past and future), lost wages, pain and suffering, emotional distress, disability, scarring, and loss of enjoyment of life. In cases involving gross negligence or intentional acts, you might also be eligible for punitive damages. The specific damages available depend on your injury and the circumstances of your case.
Most personal injury cases settle before trial. During settlement negotiations, we work with insurance companies to reach a fair agreement for your injuries and losses. However, if a fair settlement cannot be reached, we're fully prepared to take your case to trial. We'll never pressure you to accept a settlement you're not comfortable with.
The value of your case depends on many factors: the severity of your injuries, medical expenses, lost wages, permanent disability, pain and suffering, and the strength of liability evidence. We provide a thorough case evaluation during your consultation. Insurance companies often undervalue claims—that's why having an experienced attorney is crucial.
Florida uses "comparative negligence" rules. Even if you're partially at fault, you may still recover damages—reduced by your percentage of fault. For example, if you're 20% at fault and damages are $100,000, you'd recover $80,000. However, if you're found to be more than 50% at fault, you cannot recover any damages.
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