The Tampa medical malpractice attorneys at Jack Bernstein, Injury Attorneys, can represent you in your claim for compensation when you’re hurt because of medical malpractice. When a health care professional commits medical malpractice, the victim may have a legal claim for financial compensation.

Florida law strongly protects victims and their right to receive payment for medical malpractice. Our Tampa medical malpractice attorneys can represent you in filing your claim for the compensation you need for recovery.

Medical Malpractice in Florida

Tampa medical malpractice attorneys assist their clients in bringing legal claims for compensation because of poor health care. Florida law defines medical malpractice as any situation where health care falls below a reasonable standard of care.

Medical malpractice ensures that health care patients receive justice when care providers are unable to deliver competent care up to the standard of a reasonable, trained professional. There are several particular steps that you have to take to receive fair compensation. Tampa medical malpractice attorneys can assist you with each step needed to win your case.

What is Medical Malpractice?

Unfortunately, many people have a misconception when it comes to medical malpractice. Despite what many people believe, a medical result that goes bad or a hospital stay that results in death may not necessarily constitute medical malpractice. If it can be proven that the doctor and other healthcare providers gave the patient an acceptable and reasonable standard of care, then no medical malpractice occurred.

For example, if a doctor orders the correct lab tests, makes a proper diagnosis, and the patient still dies, medical malpractice did not occur despite the patient dying. However, if an attorney can prove the doctor failed to follow proper procedures or made an incorrect diagnosis due to negligence or carelessness, there may be a basis for a medical malpractice suit.

Examples of Medical Malpractice

As today’s healthcare world becomes more complex, there are unfortunately many more opportunities for medical malpractice to occur. Whether in a hospital or doctor’s office, some of the most common examples of medical malpractice include:

  • Performing surgery deemed unnecessary
  • Failing to diagnose cancer, heart attacks, or other serious impending illness
  • Anesthesia errors during surgery
  • Failing to properly monitor patients
  • Improperly reading x-rays or other test results
  • Giving incorrect medication or dosage of medication
  • Using procedures during childbirth that result in such injuries as Cerebral Palsy

If any of these situations occurred, it is imperative to contact a law firm skilled in medical malpractice lawsuits. These cases can be very complex, it is crucial to have a lawyer who is not intimidated by the case and can immediately go to work with the goal of making those who were negligent accountable for their actions. For both patients and their families, medical malpractice can be a catastrophic event that will change their lives forever. Years of medical treatment, never-ending medical bills, physical and emotional suffering, and much more all happen as a result of carelessness and negligence on the part of those trusted to provide the highest levels of care to their patients.

medical malpractice in Florida

What Can I Recover in a Medical Malpractice Claim?

In a medical malpractice claim, you receive financial compensation. While there’s no way to undo the harm that has occurred, the purpose of the medical malpractice claim is to value all of your different types of losses. The law aims to place the burden of the damages on the person or entity that is responsible for the medical malpractice. Some of the types of damages that you can win in a medical malpractice case include:

  • Unexpected or added hospital and doctor’s costs, including tests, supplies, treatment as well as the costs for doctor visits
  • The costs for home care, crutches, wheelchairs, and other mobility devices
  • Medication costs
  • Pain and suffering compensation
  • Payment for emotional anguish
  • Lost income and lost career trajectory because of the damages
  • Mental health damages
  • Punitive damages in some cases

Florida law has no limit to the economic or non-economic damages a victim can receive because of medical malpractice. That means you can recover 100% of your financial and non-financial losses. Your Tampa medical malpractice attorneys can help you value your case and explain what goes into calculating the value of a medical malpractice case.

Do I Have a Strong Florida Medical Malpractice Case?

A strong Florida medical malpractice case is any case where someone is injured because of inadequate medical care. The standard is the level of medical care that a reasonable, ordinary person could expect to receive in the same situation. For example, if a doctor should order tests based on the symptoms that a person shows, it’s medical malpractice not to order the tests. Even failing to warn a patient about possible side effects is malpractice. Both action and inaction can constitute medical malpractice.There are many different ways that medical malpractice can occur. The question is whether the standard of care was equal to or better than what a reasonable, ordinary medical professional with appropriate training would have provided in the same situation. If a patient receives an unacceptable level of care and harm results, the patient has a valid claim for medical malpractice.

How Can a Tampa Medical Malpractice Attorney Help Me?

Here are just some of the ways that a Tampa medical malpractice attorney can assist you with your case:

  • Case evaluation and investigation to determine whether medical malpractice occurred
  • Documentation of the extent of the medical malpractice and the value of the case
  • Evidence-gathering efforts including medical evaluations as needed, medical records, projection of long-term damages and compiling any other evidence necessary to prove the case
  • Complying with civil procedure and legal requirements for expert verification of medical malpractice
  • Filing the case in court; preparation of the summons and complaint for compensation
  • Preliminary court procedures; representation at hearings including pre-trial conferences
  • Preparation of case strategy, presentation of court motions and replies as necessary
  • Representation at trial; choosing the jury, examining witnesses, presenting the case and making closing arguments
  • Settlement negotiations; valuation of the case for settlement discussions, informed advice about whether to settle the case by accepting an offer or taking the case to the jury

What are the Standards of Care?

For a case to be considered medical malpractice, it must be shown that the healthcare provider failed to follow the recognized standard of care for the situation with which they are involved. This includes completing a thorough examination of the patient, asking appropriate questions during the exam, ordering related lab tests, prescribing appropriate medications, and providing follow-up care that is deemed to be necessary.

Time after time, healthcare providers such as doctors, nurses, physician assistants, lab technicians, or others involved with a patient’s care fail to provide an acceptable standard of care, leading to catastrophic results for patients and their families.

Filing a Medical Malpractice Lawsuit

If it is determined that medical malpractice did occur, gaining access to medical records and having them reviewed by expert witnesses is the first step that should be taken. The expert witnesses, who are usually doctors themselves, carefully review the records for signs of negligence and then offer their opinion to the victim’s attorney. If in their opinion medical malpractice exists, they then provide a signed affidavit testifying to the fact that the standard of care was violated. Once this is done, the lawyers can then go ahead with the lawsuit by notifying the doctors and healthcare professionals involved with the case of impending legal action against them.

Sadly, in many of these cases patients and their families fall victim to unscrupulous healthcare providers and insurance companies looking for a quick way to end any potential legal action. In fact, it is not uncommon for victims to be contacted by insurance companies offering to settle with them out-of-court. However, while this option may sound good initially, it soon becomes clear these organizations do not have the patient’s best interest at heart. Yet many victims take these settlements before speaking with an attorney, often for much lower amounts of money that they could have gotten by filing a medical malpractice lawsuit. In most instances, the money does not begin to pay for medical care or other expenses, leaving a victim and their family still struggling unnecessarily.

Why Choose Jack Bernstein, Injury Attorneys as My Malpractice Lawyers?

The lawyers at Jack Bernstein, Injury Attorneys, provide legal representation that is precise, skilled, determined, and aggressive. With our leader, Jack Bernstein, overseeing your case personally, you have a carefully selected team of attorneys and other professionals who are prepared to do whatever it takes to ensure your success. For more than 36 years, Jack Bernstein has devoted his legal practice to helping victims pursue justice.

With thousands of satisfied clients and millions of dollars in recovered verdicts, Jack Bernstein and his team believe that outstanding legal training, experience in the courtroom each day, and personalized attention to each client are what it takes to receive the best results. The Bernstein team knows that great legal representation begins by getting to know you and your story. Then, the team carefully crafts a legal strategy and sets to work to tirelessly build your case.

At each step along the way, our team ensures that you feel comfortable with the legal process. We ensure that you know what to expect with each next step. When there are court hearings, we represent you and speak for you to the court. Our services are designed to maximize your recovery while easing the strain of the legal system. We’re prepared to fight for justice for you.

Free Consultations

Jack Bernstein, Injury Attorneys offer free consultations for medical malpractice cases in Tampa, Florida. The best lawyers in this field never allow their clients to be intimidated, and also are never intimidated themselves when dealing with the complexities of medical malpractice cases. We will be able to provide an objective view of your case, and be your representation to the insurance companies or defendants.

Hire Our Tampa Medical Malpractice Attorneys

If you or a loved one have been the victim of medical malpractice, contact the medical malpractice attorneys at Jack Bernstein, Injury Attorneys as soon as possible. We do not charge any upfront fees, instead we work on the basis that we only get paid once your case is won in court, or settled out-of-court.

This eliminates the need for thousands of dollars of upfront fees, allowing many innocent victims the chance to right a terrible wrong. If you put your trust in a doctor or other healthcare professional, and had that trust violated by their negligence or carelessness, let our attorneys help you gain the financial compensation you deserve while also bringing those responsible to justice. Call, email, or message us today to get started. Together, we can get you the justice that you deserve.

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Jack Bernstein Personal Injury Attorney

For more than 40 years, personal injury lawyer Jack G. Bernstein has protected the rights of individuals who have been injured in a variety of circumstances. Throughout his career, Bernstein has been a strategist thoroughly dedicated to the idea of protecting the rights of his clients. Mr. Bernstein is a member of the Florida State Bar Association, the Hillsborough Bar Association and the Clearwater Bar Association.

Mr. Bernstein has the experience and expertise to handle a wide range of injury cases. Among the types of plaintiffs Mr. Bernstein represents are individuals involved in car accidents caused by drunk drivers or other exhibiting negligence, medical complications resulting from carelessness caused by a physician or a medical facility, including brain injury, bicycle, motorcycle, moped and truck accidents, admiralty law and cruise ship accidents, accidental drownings, all types of wrongful death lawsuits, along with most injury, catastrophic occurrences and legal malpractice issues.

Our firm handles every type of personal injury and accident case, using negotiation and litigation tactics effectively. We handle cases throughout Tampa, Sarasota, St. Petersburg, and Clearwater, FL. With a staff of approximately 40 people, including six lawyers and 34 support personnel, we have the legal resources to get the justice you deserve and the maximum recovery for your losses. Schedule your free consultation today; we are always here to help.

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