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Anyone who works in the medical field, from primary care physicians to nurses to highly specialized surgeons, should be trusted to provide a certain level of care. This duty of care keeps aligns with their education, experience, and on-the-job expertise. That said, even qualified doctors could make mistakes that can be traced back to their own reckless or careless conduct.
If a health care practitioner’s negligence directly led to you sustaining a harmful medical outcome, you should speak with a Tampa medical malpractice lawyer. Civil claims over negligence are complicated in numerous unique ways, and proceeding with one without our personal injury attorneys guiding you could guarantee a poor case outcome.
The “Standard of Care” and Malpractice Litigation
Both medical malpractice cases and other forms of personal injury litigation are based around a legal theory of negligence. In other words, the notion that a person who causes harm unintentionally through irresponsible behavior may bear financial accountability for their actions. Notably, “negligence” has a different definition for doctors compared to other people who might be found liable for a personal injury.
Rather than a general “duty” to act reasonably under a particular set of circumstances, health care professionals are subject to a more extensive standard of care. This standard of care can change substantially depending on the situation. The standard every health care worker must meet requires them to respond in the same way as another equally qualified practitioner would under similar circumstances.
This grants doctors working in certain places and disciplines a bit more leeway than others. For instance, the fast-paced environment of a crowded ER could make it much harder for a doctor to avoid making a mistake, whereas a private practitioner has time and consideration with every patient they see. Establishing the applicable standard of care and how a particular defendant violated it is essential for a successful medical malpractice claim in Tampa, as our seasoned attorneys could affirm.
Special Rules for Tampa Health Care Negligence Claims
According to Florida Statutes §95.11, prospective malpractice plaintiffs generally have a maximum of two years after sustaining injury to file suit. If the plaintiff does not know they have an injury right away, they have two years after discovering their injury to file suit. If the defendant engaged in fraud to conceal the effects of their misconduct, the applicable deadlines are seven years at most from the date of injury and two years after the injury was discovered.
Anyone who wants to pursue litigation over medical malpractice must first formally notify the defendant of their intention to file suit. With the help of a health care negligence lawyer in Tampa, they also much submit an affidavit of merit which includes a qualified health care professional’s assertion that their case has merit.
Get in Touch with a Tampa Medical Malpractice Attorney Today
There is no one-size-fits-all way to pursue any kind of personal injury litigation, and especially for claims alleging medical carelessness. Achieving a positive result from a case like this can require help from our legal professionals who not only understand all aspects of applicable laws, but also has the hands-on experience to effectively pursue the best final result possible.
Working with a Tampa medical malpractice lawyer who provides real results could be crucial to preserving your short-term and long-term best interests. Call our office today to learn more.