Medical Malpractice Attorneys
In Tampa, malpractice attorneys at Hancock & Hancock, P.A. know that medical malpractice occurs when a doctor, nurse, dentist, chiropractor or other healthcare provider deviates from the standard of reasonable care, based on what is expected from similar healthcare providers under the same circumstances. If you believe that you or someone that you care about has been the victim of medical malpractice or dental malpractice in Florida, then contact our team of medical malpractice attorneys in Florida for an immediate evaluation of your medical malpractice case by completing our online consultation form or contact us to discuss any questions you may have.
The partners at Hancock & Hancock, P.A. possess the experience of over 35 years of personal injury law in the following types of cases:
Claire D. Hancock
Michael F. Hancock
Frequently Asked Questions Regarding Medical Malpractice Claims
Is there a time limit to file a claim for medical malpractice in Florida?
Yes. The Florida statutes have several provisions that need to be carefully considered by an experienced Florida medical malpractice attorney in light of the facts of any potential medical malpractice claim. It is difficult to state the applicable statute of limitations for medical malpractice claims in Florida without fully knowing the facts of a particular claim. The statute begins with a two year limitation from the date the patient knew or should have known of the malpractice, but contains language that could extend that period to as long as four years and in some instances, even to seven years. Because of the complexity and importance of the Statute of Limitations as it would apply to any particular medical malpractice claim, it is critical that an experienced Tampa medical malpractice attorney be consulted as soon as the suspicion of malpractice occurs. Once the period designated by the Statute of Limitations passes without proper action having been taken, all rights to pursue a claim for medical malpractice are likely to have been lost forever.
How do the medical malpractice lawyers in Tampa at Hancock & Hancock, P.A. decide whether to accept representation of a medical malpractice claim?
First, we must determine if we can reasonably meet our burden of proving three legal issues:
- That the health care provider was negligent
- That there are substantial damages justifying the considerable cost of pursuing the case
- Causation, meaning that the specific negligence caused the substantial damages
These factors help us to decide if the case is feasible to pursue on your behalf.
When should I suspect that medical malpractice may have occurred?
Probably the most likely indicator that medical malpractice may have occurred is a dramatically different or unexpected result of treatment or surgery. An example would be serious brain injury following relative minor surgery. Another telltale sign is the failure of the provider to give a good explanation for a worsened condition of the patient or sudden death of the patient. There are also instances in which nurses, doctors or other providers make critical statements of prior health care providers. These statements sometimes turn out to be accurate indicators of medical malpractice even though they may never be repeated in a legal setting.
Does Florida law require certain steps to be followed before allowing a Florida malpractice attorney to file a medical malpractice lawsuit?
Yes. These procedural steps are called "pre-suit" and are unique to Florida. Prior to filing a medical malpractice action, our firm must gather all pertinent medical records and have these reviewed by a qualified medical expert. If the expert believes that medical negligence occurred, then a pleading called a Notice of Intent is prepared outlining the negligence and damage issues in the case. An affidavit from the medical expert is attached to this Notice of Intent. The doctor or the malpractice attorney in Florida representing the doctor then has 90 days to investigate the claim. During these 90 days there is an informal exchange of information, and both sides are permitted to take unsworn statements and obtain other information concerning the case. At the conclusion of 90 days, the defense can decide to settle the case, offer to admit liability and proceed to arbitration on damages, or deny the claim. The vast majority of cases are denied. Only after these procedures have been followed can a lawsuit then be filed.
How do the Tampa medical malpractice attorneys at Hancock & Hancock, P.A. find and select experts?
"Experts" are people who are specially qualified by experience or training and possess knowledge on matters not commonly understood by the general public. The law permits such persons to give their opinions in malpractice cases. In medical malpractice cases, there are often numerous experts needed on a variety of issues, including negligence, the nature and extent of the damages, and the causal link between the negligence and the damages. Our firm brings the highest possible calibre of expert witnesses from across the United States to each case.
Can a hospital be sued for causing my injuries?
Hospitals are generally liable for any actions of their staff employees that are undertaken within the scope of their employment. For example, a hospital is responsible for the actions of a nurse employed by the hospital in the course of providing care in the hospital. Questions regarding the liability of hospitals frequently arise when they involve the actions of a doctor who is not an employee of the hospital.
- A doctor may not be on staff, but only have privileges at the hospital
- A doctor may be on the staff of the hospital, but bills patients directly for services rendered
Traditionally, these doctors are considered independent contractors rather than employees, and the hospital may not be automatically liable for their negligence. Exceptions to this general rule have been recognized in situations where the patient has every reason to believe that the doctor is employed by the hospital. For example, hospitals have been held liable for the actions of doctors working in their emergency room even if they were not employees. This also applies to anaesthesiologists and radiologists.
I believe that a doctor or healthcare provider has committed malpractice, and that I have been injured as result of the malpractice. None of my other doctors want to comment on whether the doctor committed malpractice. Are the Tampa malpractice lawyers of Hancock & Hancock, P.A. still able to successfully file a medical malpractice lawsuit?
Yes. By using nationally recognized experts to carefully review and analyze the medical records, we are able to successfully pursue medical malpractice claims even when none of the doctors involved in your care want to comment on whether malpractice was committed.
How long will it take Hancock & Hancock, P.A. to resolve my Florida medical malpractice case?
The typical medical malpractice case takes between one and two years to get to trial from the date the lawsuit is filed in court. However, a pre-suit period of 90 days is required in Florida prior to filing the lawsuit.
What will the consultation involve, and how much will it cost for me to employ the services of your medical malpractice attorneys in Tampa?
We do not charge you for any of the time we spend meeting with you to discuss your claim. Our medical malpractice lawyers in Florida only earn a fee and are reimbursed our court costs advance once we obtain a recovery for our clients. We start with an interview to determine the facts as you know them, and then make a judgment about whether the case should be pursued. If the decision is made to move forward, then the ensuing investigation begins with the collection of all pertinent medical records directly from the health care providers. We ask you to sign releases authorizing us to obtain these records. The malpractice attorneys in our Florida law firm will then review and analyze the records to determine exactly what happened, and then research the medical literature to identify questionable areas of medical practice. If we believe there is a strong probability that medical malpractice occurred, we will submit your records to the appropriate medical experts for review, asking them for their opinions on the issues of negligence, damages and causation. This review can be quite expensive and time-consuming. If, after consultation with these medical experts, we believe that we can satisfy our burden of proof, we then recommend to our client to move forward to litigation. If the Tampa malpractice attorneys then decide (based on review of the medical records) not to pursue the case, you are not charged for any expenses we have incurred.
Free Consultation for your Florida Medical Malpractice case
If you or someone you care about has suffered injuries due to medical malpractice in Florida, contact Hancock & Hancock, P.A. for a free, immediate and confidential evaluation of your case. Florida medical malpractice attorneys Michael Hancock or Claire Hancock will personally provide detailed and comprehensive answers to your important questions by reviewing your online consultation form, evaluating your claim and responding to you, either by e-mail or by telephone, within 24 hours. If you prefer, call attorneys Michael Hancock or Claire Hancock in Tampa at 813-915-1110 or toll free from anywhere in the United States at 1-888-975-1110. Our phones are answered 24 hours a day, 7 days a week. We will answer your questions, without charge, and there is no obligation to use our services.
As committed Tampa medical malpractice lawyers, and many other types of negligence cases such as dog bite injuries, justice will be served for you.