Florida Medical Malpractice Attorney

When you visit a doctor or take a family member to a clinic or hospital, you trust that the provider will treat you or your loved one with adequate care. You will trust, at the very least, that they won’t be negligent. Unfortunately, preventable mistakes happen all the time in the healthcare profession. If you or someone you know was hurt in such a scenario, contact a medical malpractice attorney in Florida for guidance.

We will treat you with professionalism and compassion from the day you contact our office to the final resolution of your case. Call us today at 813-440-2700 to schedule your free case evaluation.

medical malpractice lawyer

Medical Malpractice in Florida

Medical malpractice is a legal area under the umbrella of tort law. In these cases, the offending party is a medical professional or facility, and the injured party is a patient or family member of a patient. These cases can be quite complex, which is why it is always important to turn to a medical malpractice lawyer if you intend to bring a claim.

In these cases, the plaintiff must establish that the medical professional acted negligently, or failed to adhere to accepted standards of care. Specifically, four legal elements must be proven:

  • The defendant owed a duty of care to the patient (i.e. the healthcare provider-patient relationship had been established)
  • A breach of said duty occurred
  • An injury was caused by the breach
  • Resulting damages were accrued, which can include both economic and non-economic damages

If you aren’t sure if you have a valid medical malpractice claim, it’s in your best interest to contact a skilled Florida medical malpractice lawyer from Capaz Law Firm today.

Examples of Medical Malpractice Cases

Our Florida medical malpractice attorneys represent a wide range of medical malpractice clients. We aren’t afraid to stand up for victims in these cases, seeking justice and fair compensation on their behalf. Some of the cases we handle include:

Birth Injury: Medical errors committed during childbirth can cause a newborn to suffer a lifetime of disability and pain. Raising a child with profound physical or mental disabilities is almost always financially and emotionally draining for parents. Medical staff may be liable for birth injuries such as: cerebral palsy, Erb’s palsy, Klumpke’s palsy, brachial plexus injuries, shoulder dystocia, and other birth injuries caused by negligence.

Surgical Errors: No surgical outcome is ever guaranteed. However, mistakes in the operating room happen much more frequently than many patients and their families realize. Surgical negligence occurs when medical professionals: perform the wrong surgery or procedure; perform surgery on the wrong patient; leave surgical sponges or instruments behind after closing; fail to monitor the patient appropriately in the recovery room; commit anesthesia errors—such as over- or under-dosing anesthesia medications; fail to prevent infections; cause damage organs or nerves; and fail to recognize and control internal bleeding.

Diagnostic Errors: Doctors aren’t expected to know everything or be correct 100 percent of the time. However, they are expected to perform their due diligence in ensuring the proper diagnosis when a patient reports symptoms.

Hospital-Acquired Infections: It goes without saying that bacteria are ever-present in hospitals. This is why these facilities must adhere to strict policies to maintain a clean and reasonably safe environment. When cleaning duties are neglected and a patient acquires an infection as a result, they may have grounds for a medical malpractice claim. Hospital-acquired infections include: staph infections, MRSA and pneumonia.

Emergency Room Errors: Although there are many different types of emergency room errors, diagnostic errors are one of the most frequently observed types of emergency room negligence. Patients experiencing symptoms of a heart attack, stroke, or pulmonary embolism are sometimes discharged prematurely. As a result, they suffer a near-fatal or fatal event that could have been prevented.

Call a Florida Medical Malpractice Attorney Today

If you want to bring a negligence claim against a healthcare provider or facility, you need an experienced Florida medical malpractice lawyer on your side as soon as possible. Our attorneys have extensive experience in settlement negotiations and litigation, and we know what it takes to prevail in these cases.

Call our office today at 813-440-2700 or use our online contact form to schedule your complimentary case consultation with our seasoned trial attorneys. There are no fees unless you win.


Million Dollar Advocate Forum Attorney Member

Million Dollar Advocates Forum ®

Dereck Capaz is a proud member of the Million Dollar Advocates Forum. The Million Dollar Advocates Forum is one of the most prestigious groups of trial lawyers in the United States.

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Super Lawyers Attorney

Super Lawyers

Dereck Capaz was selected for inclusion and named in the 2009 – 2015 editions of Florida Super Lawyers.

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AV® Preeminent™ Rated

Dereck Capaz has earned the AV-Preeminent Rating for legal proficiency and ethical standards from Martindale-Hubbell and lawyers.com.

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