Wesley Chapel Medical Malpractice Lawyer

Medical malpractice attorney sitting in his office.

Trust is the foundation of any good doctor-patient relationship. When a physician or other healthcare provider provides substandard medical care, those actions do more than erode your trust. They can also cause serious injury and carry long-lasting physical, emotional, and financial consequences.

At Zervos & Calta, PLLC, our Wesley Chapel medical malpractice lawyers want to help you recover financially and emotionally from the harm you suffered from substandard medical care. Our tough-as-nails reputation means our experienced attorneys aren’t afraid to go head to head with aggressive insurance companies or medical facilities to pursue the compensation and justice our clients deserve in Florida medical malpractice cases.

A medical error not only disrupts your life and recovery, but it can also lead to additional medical costs, lost wages, disability, long-term complications, quality-of-life changes, and even death. To discuss how we can help after you have suffered harm due to a healthcare provider’s suspected medical negligence, contact our office today to set up a free consultation. An experienced medical malpractice attorney can help you understand your rights and how the legal process works for seeking just compensation.

What Is the Definition of Medical Malpractice?

Medical malpractice cases fall under the umbrella of personal injury law. This highly fact-specific area of law can be challenging to understand because not all medical mistakes constitute medical malpractice.

A patient does not have a medical malpractice claim simply because a doctor failed to deliver the desired result of treatment. Instead, medical malpractice occurs when a physician or other healthcare provider fails to uphold the medically acceptable standard of care and harms a patient. The applicable standard depends on what care a similarly trained and experienced medical professional would have provided under the same circumstances to the injured patient. The circumstances may merit a medical malpractice case when the answer is no.

What Actions Can Be Considered Medical Malpractice in Wesley Chapel?

Several careless actions by a medical professional can be grounds for a medical malpractice lawsuit. Some of the most common careless actions that can trigger a medical malpractice claim include the following:

  • Performing a procedure without a patient’s informed consent
  • Leaving surgical tools inside of a patient
  • Operating on or removing the wrong body part or organ
  • Operating on the wrong side of a patient
  • Prescribing or administering incorrect prescription drugs
  • Administering the incorrect dose of prescription drugs
  • Careless actions that harm a pregnant mother or cause significant birth injuries
  • Unnecessary operations or treatments
  • Failure to diagnose a disease
  • Failure to treat a disease
  • Misdiagnosing a disease or medical condition.

An attorney should always evaluate medical malpractice cases on a case-by-case basis. These types of claims are unique and based on the specific facts of the situation and the level of care and treatment provided by the medical professional.

What Are the Most Common Types of Malpractice Claims?

If you live in the Wesley Chapel area and have experienced any one of these medical errors and suffered physical and financial harm because of the care you received, it is time to discuss your situation with a skilled Florida medical malpractice attorney:

  • Misdiagnosis
  • Delayed diagnosis
  • Failure to diagnose
  • Failure to treat
  • Surgical errors
  • Anesthesia errors
  • Medication errors
  • Prescription drug errors
  • Unnecessary surgeries or treatments
  • Laboratory errors
  • Procedural errors.

What Four Things Do You Need to Prove a Medical Malpractice Claim in Wesley Chapel?

Under Florida law, to prove medical malpractice, you must establish four things:

  • The existence of a healthcare provider-patient relationship.
  • The appropriate medical standard of care or treatment for the patient’s specific medical circumstances.
  • The healthcare facility, doctor, or medical professional provided substandard medical care below the appropriate medical standard.
  • The medical provider’s negligence caused harm or significant injury to the patient, including medical expenses incurred to treat the injury.

As in personal injury cases, the injured person, in this case, the patient, must show the doctor owed them a duty of care and violated that duty, causing harm to occur. Medical malpractice cases hinge on evidence. You must provide compelling evidence that shows a doctor or other healthcare professional provided you or a loved one with substandard medical care.

Who Can File a Wesley Chapel Medical Malpractice Claim?

In Florida, a patient injured by the actions of a careless healthcare practitioner can file a medical malpractice lawsuit. If the patient is a minor, as in cases of birth injuries, the parent or legal guardian of the minor can file a lawsuit on behalf of their child. The same may be true for individuals with developmental disabilities or cognitive conditions or those who suffered severe or permanent impairment as a result of substandard medical care. Their legal guardian or family member can file a claim for them.

Under Florida medical malpractice law, when substandard medical treatment leads to the death of the patient, the personal representative of the deceased individual’s estate may file a wrongful death lawsuit seeking compensation on behalf of beneficiaries or surviving family members.

How Long Can a Wesley Chapel Medical Malpractice Lawsuit Take?

Medical malpractice cases are complex. Evaluating a patient’s situation, collecting and preserving evidence, and building a substantial case can be time-consuming. Although every case differs, it may take months or years to resolve some medical malpractice cases through a settlement or trial. A medical malpractice attorney with experience handling cases in the Wesley Chapel area can review your unique situation and give you a better understanding of the timeline of your case.

Does Florida Have a Time Limit for Filing a Medical Malpractice Claim?

Yes. Florida has a specific time limit for filing a medical malpractice lawsuit. Patients have two years from the date of injury or when the injury was discovered or should have reasonably been discovered to file a lawsuit. However, any lawsuit for medical malpractice must be filed within four years of the date of its occurrence.

If you fail to file by the legal deadline, you will lose leverage in an insurance claim, and your case can be dismissed by a Florida court, leaving you unable to take your case to trial. Because this process takes time, it is important to consult with an experienced medical malpractice attorney as soon as possible.

Contact a Wesley Chapel Medical Malpractice Lawyer

With over 50 years of combined legal experience, the medical malpractice team at Zervos & Calta, PLLC, knows what it takes to protect Wesley Chapel residents impacted by substandard medical care. Our law firm has a proven track record handling cases involving medical malpractice in Tampa and surrounding communities. We are passionate about protecting your legal rights and pursuing maximum compensation for your injuries.

If you believe a medical practitioner’s negligence harmed you or a loved one, do not wait to seek legal advice and take legal action. Contact our office today and request a free legal consultation. Wesley Chapel residents should know that when times are tough, your lawyer should be, too.