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When negligent medical mistakes cause severe injuries, victims may benefit from consulting an attorney. A Tampa medical malpractice lawyer can assess whether a healthcare professional deviated from the appropriate standard of care and if that deviation resulted in compensable harm. However, these claims can involve extensive medical records, professional witnesses, and nuanced Florida laws.
Spangenberg Shibley & Liber has helped injured victims since 1946 and recovered over $1 billion for our clients.
We have nationwide experience in complex medical malpractice claims and have secured millions of dollars in settlements and verdicts for patients injured by misdiagnosed conditions, surgical errors, birth injuries, and other careless mistakes. However, past results do not guarantee a similar outcome. Each case is different and must be evaluated on its own merits. We focus our practice on large value, medically complex cases that frequently require years of discovery and preparation before trial.
Not every negative medical outcome rises to the level of negligence. For example, in Florida, medical malpractice requires proof that a doctor, hospital, nurse, or other medical provider failed to treat a patient according to the professional standard of care and that failure was the direct cause of injury. Some examples of instances that may meet this standard include:
Medical malpractice can occur at any healthcare facility throughout Florida, including those located near Downtown Tampa, the University of South Florida, and Tampa’s Westshore area. There are many hospitals that serve the Tampa metropolitan area. While medical malpractice can happen at hospitals of any size, many large hospitals have medical staff who work in various areas of medicine.
In Florida, 3,340 professional liability cases were recorded as closed in 2024. Over the course of those claims, almost $1.817 billion was paid. The most frequent setting for claims was hospital inpatient facilities.
Florida’s procedure rules are unique in some respects from other personal injury cases. Injured patients are generally required to complete a pre-suit investigation and obtain a verified written medical opinion from a qualified professional before filing a legal claim. These requirements force both parties to assess the medical evidence prior to filing a claim.
When investigating a potential medical malpractice claim, it’s important to know that Florida Statutes § 766.102 clearly defines the professional standard of care that applies to your claim.
Statute of limitations laws also control the deadline by which a claim must be filed. Florida Statutes § 95.11 sets time limitations for filing many negligence actions, including medical malpractice claims. For medical malpractice, this timeframe is two years. However, there are exceptions to this rule based on when the injury was discovered and other facts specific to each case.
Medical records typically play a central role in any malpractice claim. Hospital charts, physician notes, imaging studies, laboratory reports, pharmacy records, and nursing notes help establish what treatments were provided, when key decisions were made, and whether or not a physician or hospital adhered to accepted standards of care.
The medical records alone do not always tell the whole story. Medical professionals are often retained to review records and provide an opinion as to whether another equally experienced provider might have acted in the same manner.
Some types of medical negligence are not discovered right away. Often medical errors do not come to light until weeks, months, or years after treatment, when symptoms become worse or appear that seem similar to your existing medical condition. Symptoms of malpractice can take time to develop.
For instance, if a surgeon left a surgical item in your body during surgery, you may not notice discomfort until after the surgery has healed, as it’s reasonable to attribute pain to the healing process. Also, additional testing may have to be done to determine the cause of the injury.
Patients sometimes don’t realize that a mistake was made until they receive a second opinion or undergo further testing. Many serious medical conditions get worse over time, so it can be difficult to tell the difference between an unavoidable injury and one caused by negligent care. A careful review of medical records by a medical professional can often clarify what happened.
Discovering that your injury may have been caused by a medical error is only the first step in determining whether you may have a medical malpractice claim under Florida law.
In order to prove medical malpractice, the injured patient typically needs to prove four elements. First, the patient must show that the provider owed a duty of care to the patient. By entering into a provider-patient relationship, the provider automatically owes a duty to that patient. Second, it must be proven that the doctor breached the applicable standard of care.
Third, it must be shown that the patient suffered injury due to this breach and that it wasn’t due to another reason, such as an underlying medical condition. Last, it must be shown that the patient suffered damages as a result of all this, such as medical bills and/or emotional suffering and physical pain.
Most medical malpractice claims brought in Tampa are filed in the Hillsborough County Courthouse. This courthouse is located at 800 East Twiggs Street, Tampa, FL 33602. Some cases require extensive document requests, interviews with professional witnesses, and numerous pretrial hearings before a case is settled or tried.
Residents from across the Tampa area, including South Tampa, Carrollwood, New Tampa, Brandon, and other communities along Interstate 275, Interstate 4, and the Selmon Expressway typically use this courthouse for civil litigation.
The financial cost of recovering from injuries caused by medical negligence can be significant. Patients who successfully bring a medical malpractice claim can seek recovery of damages to compensate for these losses. Financial and non-financial damages are available in most situations, and the amount of each varies depending on the specific injury. Money to cover economic losses is referred to as economic damages. This may include:
When negligence results in permanent disability or a lifetime of medical treatment, future medical expenses may account for a large part of a victim’s damages.
Non-financial damages are intended to provide monetary compensation for intangible losses. Physical pain and emotional suffering, emotional distress, mental anguish, permanent impairment, disfigurement, and loss of enjoyment of life are all examples of non-financial damages. Every case is different, and the damages available depend on the facts of the case, the extent of the injury, and available evidence.
It is common for medical malpractice claims to involve multiple providers. Although doctors are named in most medical malpractice claims, other types of providers may also be liable for injuries. This can include:
In some cases, providers may be liable for injuries they caused during every stage of treatment. One healthcare provider may have failed to diagnose the patient’s condition, while another failed to provide timely treatment or recognize the patient’s worsening symptoms. Hospitals and other healthcare facilities can be responsible for their employees’ negligence as well as certain situations where organizational mistakes contribute to patient injury.
Determining liability usually requires a complete understanding of which providers were involved in a patient’s care, who works for the hospital, and the order in which medical decisions were made. An attorney can identify all potentially liable parties when investigating a medical malpractice claim.
Patients who believe that their injuries were caused by a mistake should first seek medical treatment from another health care provider. If possible, this may allow you to obtain care while also establishing an independent record of your injuries and medical needs. Delaying treatment can harm your health and create challenges related to proving how the injury progressed. Patients should also preserve any records related to their treatment, such as:
These can all play an important role in a medical malpractice claim. Patients should also consider keeping their own records of symptoms, subsequent treatments, and how the injury affects their ability to work and perform daily activities.
A: You are not required by law to get a second opinion. However, it may be beneficial if you think a mistake was made. A second physician may find issues with your diagnosis, treatment, and follow-up care and suggest more tests or treatment. Although getting another opinion won’t prove negligence on its own, it could provide useful information.
A: Some nursing home cases may involve claims for medical malpractice. Others may involve simple negligence, abuse, or violation of residents’ rights. The legal theory depends on who caused the injury and how they acted. For instance, negligent nursing home medical treatment by licensed professionals may raise different legal issues from claims based on lack of supervision or unsafe conditions.
A: Yes, in most states, a patient has the right to request copies of his or her medical records from a doctor and other healthcare providers. Medical records may include doctors’ notes, lab reports, X-rays, medication records, and treatment records. Please review medical records, as they may help you determine if there was a mistake.
A: Yes. Hospitals are not the only places where medical malpractice can occur. Substandard care can happen in doctors’ offices, outpatient surgery centers, urgent care clinics, radiology clinics, and elsewhere. Whenever you receive medical treatment, healthcare professionals have a duty to provide at least the applicable standard of care in diagnosing you, treating you, and monitoring your condition.
If you believe that a mistake during medical treatment caused significant harm, hire a medical malpractice lawyer today. A Tampa medical malpractice attorney can obtain records, consult with professionals, identify legal deadlines, and evaluate whether the evidence supports your claim under Florida’s medical malpractice laws. Spangenberg Shibley & Liber can help. Contact us today for more information.
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