After seeking treatment for a serious injury or concerning symptoms, most people expect that they can rely on the expertise and sound judgment of a medical professional. Unfortunately, healthcare workers may make egregious mistakes in their role that constitute medical malpractice if they are the direct cause of significant damages.
When a medical professional is negligent in their administration of care, it can feel like a betrayal of the faith you placed in them to provide healing and manage recovery. You have the right to pursue compensation when a medical professional’s failure to provide treatment up to the accepted standard of care jeopardizes your health and burdens you with the costs of additional medical care or lost wages.
KMW Legal Can Help With Your Medical Malpractice Lawsuit
Receiving inadequate and incorrect medical treatment can end up costing you thousands in medical bills, leave you permanently disfigured, and force you to lose wages due to missed work. In some cases, medical malpractice can even cost you or a loved one their life such as when delayed diagnosis fails to catch cancer in time or when improperly prescribed drugs cause an allergic reaction.
At Keller, Melchiorre & Walsh, our years of legal experience have made us adept at negotiating medical malpractice settlements for Tampa residents, ensuring they have a better chance of recovering their damages against negligent healthcare workers. If you attempt to deal with your physician’s insurance company on your own, you risk diminishing the value of your settlement.
If your claim goes to trial, you’ll need an attorney with a winning record of trial experience to stand up to powerful insurance companies. Reach out to us today to take advantage of a free strategy session with KMW Legal’s skilled team. We look forward to learning the specifics of your medical malpractice case so we can help you regain control of your health and finances.
What is Medical Malpractice?
Medical malpractice is defined as a failure of a medical professional to administer the prevailing professional standard of care. This must occur in their capacity as a healthcare worker with a duty to the patient, resulting in a direct injury and subsequent damages.
The standard of care is understood to be the actions that a fellow medical professional with similar experience and knowledge would have taken under similar circumstances. For example, a first-year oncology attending’s mistake would likely be compared to the knowledge base and expected level of care from a doctor of the same specialty and year, rather than the professional standard of care you could expect from a 30-year veteran oncologist.
When patients seek medical treatment for their injuries such as a compound fracture after a serious car accident or a traumatic brain injury following a workplace slip and fall, they have a reasonable expectation that their injuries will be addressed in a timely and responsible manner by the medical professionals they come into contact with. However, if a medical professional breaches their duty to provide their patient with a certain standard of care, they may be held liable for compensatory damages in a medical malpractice lawsuit.
The Role of Statute of Limitations in Medical Malpractice Lawsuits
The statute of limitations for medical malpractice cases is typically 2 years from the date of the discovery of the malpractice incident, and potentially 4 years from the date of the incident. While there is a limited allowance for extenuating circumstances, it is best to leave the deadlines in the hands of a diligent medical malpractice attorney who has experience managing lawsuits.
Who is Liable for Medical Malpractice?
Medical malpractice lawsuits can be filed against a wide variety of healthcare professionals who fail to achieve the standard of care, and the specific act of negligence may have involved more than one provider. This list includes but is not limited to:
- Primary care providers
In many cases of medical malpractice accusations, the healthcare workers are not found liable, especially when the evidence presented is deemed limited, unreliable, or irrelevant. Due to the degree of medical specialty that is often necessary to accurately pinpoint the cause of an injury and link it to damages incurred, attempting to navigate a medical malpractice lawsuit by yourself may result in your claim being dismissed or denied the full value.
Seeking out a qualified and experienced medical malpractice lawyer can mean the difference between footing the bill for physical therapy as a result of an undiagnosed spinal cord injury and losing months of wages, or securing a settlement that compensates you for your damages, including pain and suffering.
Types of Medical Malpractice
Many healthcare providers work long hours under emotionally and physically stressful conditions, which has taken a toll on many people in the medical field during the course of the pandemic. However, due to the significant trust patients place in their healthcare provider’s abilities, medical malpractice must be addressed and compensated. Medical malpractice can take many forms.
Surgical Errors Can Be Devastating for Patients
Surgery requires incredible precision and skill, but surgeons are not immune to pressure or fatigue. This can lead them to make critical mistakes like leaving instruments or sponges behind or operating on the wrong body part. During the course of the surgery, operators may accidentally make internal lacerations outside the scope of the procedure or fail to account for other underlying health conditions, jeopardizing the life of the patient.
Delayed or Incorrect Treatment May Cause Complications
Medical professionals may misinterpret scans or lab results, fail to account for allergies when administering medication, or provide the wrong dosage. This can allow internal wounds to develop in to critical stages, lead others to falsely assume close monitoring of the patient is unnecessary, or cause a slew of preventable side effects, prolonging the patient’s pain and recovery.
Inaccurate or Delayed Diagnosis Can Lead to Severe Health Consequences
When a medical professional fails to recognize symptoms commonly associated with a disease or dismisses patient concerns, it can result in postponed treatment. Depending on the illness or injury, that can mean an infection develops, cancer metastasizes unrestrained, or a patient suffers needlessly from one of the many other potential complications that can develop.
However, the Florida legislature states that evolving technology and diagnostic criteria mean that medical professionals acting on a “good faith” basis are not liable for missing some diagnoses, meaning you need a skilled attorney to prove your medical malpractice claim.
How Can a Tampa Medical Malpractice Attorney Help Me?
Serious medical blunders can have long-term impacts on the physical and emotional well-being of patients, resulting in lengthy recovery times, additional painful procedures, and even loss of function or disfigurement. In the worst-case scenarios, you may be looking to file a wrongful death lawsuit on behalf of a loved one.
Proving that a medical professional missed a diagnosis, delayed treatment, or is at fault for an error in treatment can be complicated, required extensive documentation, and depend on verification from other professionals in the medical community.
KMW Legal is Ready to Represent You in a Medical Malpractice Lawsuit
KMW Legal has access to respected healthcare professionals who can offer expert advice and testimony. Expert witnesses are often the linchpin of medical malpractice cases. Lawyers from both sides rely on their insight to convey complicated medical concepts in an accurate and relatable way to verify their respective client’s versions of events.
Additionally, our team will speak with insurance agents, bill collectors, or hospital representatives on your behalf. We will evaluate any settlement offers, conduct an investigation of your situation to determine liability, and work tirelessly to link the physician’s duty to prove a standard of care to their failure and the subsequent injury and damages you have sustained.
KMW Legal is Proud to Serve Medical Malpractice Victims in Tampa, Florida
The city of Tampa dominates Hillsborough county with its population of 387,916 people. Tampa’s healthcare needs are serviced by 11 major hospitals and countless private practices or clinics, making medical malpractice a legitimate concern.
The lawyers of Keller, Melchiorre & Walsh have spent the past decade fighting for injured Tampa residents who have been the victims of a negligent medical professional. With our team on your side in a medical malpractice lawsuit, you can rest assured you have dependable advocates who will pursue a fair settlement to help you reclaim your life.
Contact a Tampa Medical Malpractice Lawyer Today
If you are considering filing a medical malpractice lawsuit, chances are that you have already been let down by a professional you thought you could trust. The consequences of a botched procedure or living for years with an untreated condition can exacerbate the issue and cause secondary health problems that could have been avoided, leaving you feeling frustrated and alone.
At Keller, Melchiorre & Walsh, you can feel confident that your concerns will be heard and your story taken seriously. Our clients know from the first consultation that they are valued as a priority. KMW Legal clients received the highest quality of personalized legal advice, and it is reflected in our record of settlements and trial victories that cover medical bills, lost wages and earning capacity, as well as emotional distress.
KMW Legal knows that no two medical malpractice cases are the same. Our team is committed to providing individualized strategy sessions at no cost to our prospective clients. We’ll help you determine the best course of action to pursue in your medical malpractice lawsuit to secure you maximum compensation for your damages.