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Medical Malpractice

Tampa Medical Malpractice Attorneys

Seeking Justice for Wrongfully Injured Patients in Florida

As patients, we trust our doctors to act in the best interests of our health. However, negligence in the medical field endangers thousands of lives every year. According to a John Hopkins study, errors by healthcare providers result in more than 250,000 deaths annually, making medical malpractice the third leading cause of death after heart disease and cancer. 

At Robert Sparks Attorneys, we know how stressful and overwhelming it can be to navigate medical malpractice claims, especially while recovering from a serious injury. If you or a loved one was harmed by a negligent provider, our medical malpractice attorneys can pursue the maximum compensation you deserve. With years of experience representing victims of medical malpractice in Tampa, our advocates are well-versed in Florida law to aggressively protect your rights at every step. 

Injured by a healthcare provider? Put years of experience in your corner by partnering with our Tampa attorneys. Call (813) 710-4816 to schedule a free consultation.

What Constitutes Medical Malpractice?

Medical malpractice is defined as any act or omission by a healthcare provider that deviates from the accepted standard of care and results in injury, death, or damages to a patient. Common examples include errors made during diagnosis, treatment, aftercare, or management of a medical condition.

Common Types of Medical Malpractice

Medical malpractice can manifest in a variety of ways. Common types of medical malpractice include:

  • Misdiagnosis or delayed diagnosis: Being treated for a nonexistent condition can be just as dangerous as receiving no treatment at all. Similarly, waiting too long to diagnose and treat a patient’s condition can lead to serious complications and even death. 
  • Failure to treat: Whether you were referred to the wrong specialist or dismissed before receiving the appropriate treatment, failing to treat medical conditions can lead to serious health effects. 
  • Prescription medication errors: Prescribing the wrong type or dosage of prescription medications can lead to serious and even life-threatening health complications for patients. 
  • Surgical errors: Common surgical errors include leaving surgical instruments in the patient’s body, causing damage to organs, nerves, or other body parts during surgery, or operating on the wrong patient or body part altogether.
  • Birth injuries: These occur when negligence during pregnancy, labor, or delivery results in harm to the mother or baby. Common birth injuries include failing to order necessary tests, misdiagnosing health complications, and the improper use of birth-assisting tools during childbirth. 
  • Anesthesia mistakes: Administering too much or too little anesthesia can have serious consequences for patients during surgery, potentially leading to brain damage, paralysis, and other lifelong health complications.

Do I Have a Medical Malpractice Claim?

Merely sustaining an injury in the medical setting isn’t enough to recover compensation in a medical malpractice claim. To be eligible for compensation, you must demonstrate the following elements: 

  1. Duty of care: First, you must demonstrate the existence of a doctor-patient relationship to prove the provider owed a duty of care. 
  2. Breach of duty: Then, you must prove the provider’s action or inaction deviated from the accepted standard of care. 
  3. Causation: Next, you must establish the provider’s breach of duty as the cause of their injuries. 
  4. Damages: Finally, you must have suffered damages as a result of their injury, such as medical expenses, lost wages, pain and suffering, and other losses.

Establishing liability in medical malpractice lawsuits can be complex and challenging, making it crucial to secure experienced representation. Partnering with a trusted medical malpractice lawyer is paramount to seeking fair compensation. At Robert Sparks Attorneys, our attorneys are well-versed in the legal intricacies of medical malpractice claims to guide your legal steps wisely, improving your chance of obtaining a favorable outcome. 

Process for Filing a Medical Malpractice Claim in Florida

Understanding what steps to take after medical malpractice is essential to recover fair compensation for medical expenses, lost wages, and more. Below are five steps to file a medical malpractice claim: 

  1. Consult with an attorney: Seek sound counsel from a qualified lawyer who can evaluate your claim, review your legal options, and help you make informed decisions throughout your case. 
  2. Gather evidence: Collect all relevant documents, including medical records, invoices, and other communications related to your treatment and injury.
  3. Obtain expert opinions: Obtain statements from medical experts who can attest to the standard of care and how it was breached in your case.
  4. File a notice of intent: Before formally filing a lawsuit, you must submit a notice of intent to the healthcare provider, giving them a chance to settle the claim out of court.
  5. File the lawsuit: If a settlement cannot be reached, your attorney can help you file a formal complaint in court to initiate the litigation process.

With our vast network of professional resources and extensive litigation experience, you can trust Robert Sparks Attorneys to represent your best interest in and out of the courtroom. As accomplished trial attorneys, we never shy away from tough litigation if that’s what it takes to secure a fair settlement.

Statute of Limitations for Medical Malpractice in Florida

The statute of limitations is the time limit within which a lawsuit must be filed. In Florida, medical malpractice cases must be filed within two years from the date of discovery or when the injury occurred or should have been discovered.

Recoverable Damages in Medical Malpractice Claims

Various damages may be recoverable in a medical malpractice claim, including: 

  • Economic damages cover direct financial losses, such as past and future medical bills, loss of earnings, lost earning capacity, and other out-of-pocket expenses resulting from the injury. 
  • Non-economic damages cover indirect subjective losses, such as pain and suffering, emotional distress, scarring and disfigurement, loss of consortium, and loss of enjoyment of life. 

In rare cases, the court may also award punitive damages to punish the defendant for extreme negligence and deter similar behavior in the future. Consulting with a skilled attorney is imperative to accurately calculate damages and pursue maximum compensation. 

Diligent Advocacy for the Wrongfully Injured in Tampa

At Robert Sparks Attorneys, our skilled lawyers provide reliable representation to wrongfully injured patients in Tampa and beyond. Since 2019, our firm has pursued justice and maximum compensation for our clients while vigorously protecting their rights against large insurers and medical institutions. We understand how daunting and frustrating it can be to navigate medical malpractice claims, which is why our award-winning attorneys are committed to guiding your legal steps with compassion and clarity. Whether you suffered a birth injury or were prescribed the wrong medication, our trial lawyers can fight tirelessly to obtain a fair settlement on your behalf. 

If you were harmed by medical malpractice in Tampa, our firm can help you pursue justice. Contact us online to discuss your case with our medical malpractice lawyers. 

When Complex Legal Issues Require Serious Solutions, Get Serious.
At our firm, our ultimate goal is to protect and pursue your rights and your family’s well-being. With decades of collective experience, we are well qualified and committed to securing the best legal outcomes for individuals who need the skill and compassion of our trial attorneys.

Strength. Trust. Results.

Read What Our Clients Say In Their Own Words.
    “Robert Sparks Attorneys are getting 5 stars because I can't give them 6.”
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    “Although, I have to put a special highlight on Cheryl! She is one of the sweetest and most compassionate people I know. She truly cares about their clients as if they were friends and had know each other for years.”
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    “They are amazing ! From finish to start I had endless communication and genuinely felt that the entire team cared about me and my permanent injuries after my accident.”
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    “Our family cannot begin to express appreciation for the legal expertise provided by attorney Robert Sparks and his team...”
    “Our family cannot begin to express appreciation for the legal expertise provided by attorney Robert Sparks and his team at Robert Sparks Attorneys!”
    - Former Client

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