New Port Richey Medical Malpractice Lawyer

Who Can Be Held Liable for Your Medical Malpractice Injuries? 

The at-fault party for your medical malpractice injuries can drastically vary, depending on the circumstances. Three of the most common perpetrators for medical malpractice claims in Florida include the following: 

Medical Provider

Whether it be your doctor, surgeon, telehealth specialist, or even a member of their medical staff, the second you are under their care and guidance, they are expected to provide you with a standard of care. This does not mean they have to be able to solve and cure every ailment you have but that they do everything in their power to give you the correct resources and not be negligent with doses, prescriptions, or medical procedures. 

For example, suppose you go into the hospital for a surgical procedure on your hand, and your surgeon operates on your foot instead. This is considered reckless and a result of negligent behavior. This breach of care has directly caused unnecessary trauma and stress and has left you with the need to still attend to your original problem. 

Medical Device Manufacturer

Sometimes your doctor does everything within their power to help you, but because of a defective medical device, you are left injured. Examples of possible medical devices that could cause injury if not working correctly include: 

• Heart stent 
• Joint replacement, like knee or hip
• Hearing aid
• Ventilator
• Inhaler
• Nebulizer
• Cochlear implant
• Pacemaker

The device is expected to meet specific performance functions and must be able to work at a certain capacity. If the device is recalled or just generally causing you issues because of a manufacturing defect or error, your attorney can help establish a direct breach of care and get you adequately compensated. 

Pharmacist

Your prescription medication, whether a one-time dosage or a monthly prescription, should be handled and distributed correctly. If left out in the New Port Richey sun for too long during transport or not stored in the correct conditions, the medication can go rancid, lose its effectiveness, and even possibly be toxic to the user. 

Similarly, receiving the wrong dose of a medication can not only make your initial symptoms worse but bring on new problems. For example, for those on anxiety medication, receiving a different drug can actually increase symptoms of anxiety, cause depression, and even bring about physical ailments.

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How Can a New Port Richey Medical Malpractice Lawyer Help? 

When you partner with a New Port Richey medical malpractice lawyer, you are partnering with someone who will support you from the first consultation to the final settlement. While you focus on recovering from your injuries and getting your life back on track, the team at McPherson & Thomas, P.A. will begin an immediate investigation to build your case. Additionally, we are proud to help with the following aspects of your case: 

Fight for Adequate Compensation

When you file a claim without an attorney, the insurance company will do everything in its power to dismiss your case or give you the lowest financial settlement possible. An attorney will use every tool in their arsenal to fight for adequate economic and noneconomic compensation. 

Establish Liability

To establish liability through demonstrating negligence, your attorney will collect and assess time-sensitive evidence. This can include photographs, expert testimony, medical records, and more. 

Provide Extensive Knowledge of Medical Malpractice Statutes

The statute of limitations for Florida personal injury cases is currently two years. Medical malpractice injuries can sometimes take a while to expose themselves, ranging from a few days to a few months or years, so it’s essential to attach yourself to someone who can help establish a date of reasonable suspicion and file your claim within the statute of limitations.

Proving Liability in a New Port Richey Medical Malpractice Claim

Regardless of who is found to be liable in your medical malpractice claim, the next important step our attorneys will take is to collect the evidence necessary to prove their liability. Proving liability is a crucial step in any medical malpractice claim, as it allows you to build a strong case and recover the compensation you are owed for the injuries and losses you have suffered due to medical negligence. 

To prove liability in a New Port Richey medical malpractice claim, our team of Florida lawyers will collect evidence of the four factors of negligence:

• The at-fault party owed you a duty of care
• The duty of care owed to you was breached by the at-fault party
• The breach of duty led to the medical malpractice incident and your injuries
• You have suffered a loss as a result of their negligence

After suffering an injury due to medical malpractice, it can feel overwhelming to consider filing a legal claim. However, you deserve justice for the injuries and losses you have suffered. Our team of New Port Richey medical malpractice lawyers will ensure we are able to prove liability of the at-fault party and help you pursue the damages you are owed.

Understanding Florida’s Medical Malpractice Statute of Limitations

The statute of limitations is a legal term used to describe the period of time granted to victims of certain situations to take legal action against the responsible party. In Florida, victims of medical malpractice have two years to file a claim and two years from the date of discovery. At first glance, this may seem like an extensive amount of time. However, medical malpractice claims can be highly complex. It is important you begin filing your medical malpractice claim as soon as possible to ensure you are able to account for the time it will take to get through each step of the claims process.

If you are ready to begin filing your medical malpractice claim, our Florida medical malpractice lawyers are here to help. We will ensure you abide by the state’s statute of limitations while also putting together a strong claim as we represent your rights and interests.

Can You Recover Damages After a Medical Malpractice Claim?

In the aftermath of a medical malpractice occurrence, it is expected to feel overwhelmed as you accept the reality that a medical professional you trusted with your case acted negligently and caused you catastrophic harm. Victims of medical malpractice often suffer both physical and emotional trauma and, as a result, may deal with financial hardships resulting from the costly expenses associated with the harm they have suffered. 

If you have suffered losses due to medical malpractice, you have the right to pursue damages by filing a claim. The damages you may be eligible to recover are as follows:

• Medical Expenses: When victims of medical malpractice suffer harm, they will likely incur costly medical expenses as a result of the necessary treatments to help them heal. Victims of medical malpractice should be compensated for the cost of medical bills relating to this care.

• Lost Wages: If a person’s injuries have forced them to stop working while they require from the harm caused by medical malpractice, they should receive compensation for the wages they have lost out on.

• Lost Earning Potential: If medical malpractice resulted in permanent or chronic injury, the victim should be compensated for all potential earnings they may lose out on due to their inability to continue down their career path that they had prior to the incident.

• Pain and Suffering: Victims of medical malpractice often suffer physical and emotional trauma. That is why they should be compensated for all pain and suffering they have endured due to the other party’s negligence.
• Wrongful Death: In extreme cases, medical malpractice may lead to wrongful death. In that case, family members should be compensated for their unimaginable loss.

When filing a medical malpractice claim, the insurance adjusters will often try to get you to accept a low initial offer. However, when you work with our Florida legal team, we will negotiate for the fair compensation you are owed.

Been a Victim of Medical Malpractice in New Port Richey? Speak to a Dedicated Attorney Today

McPherson & Thomas, P.A. understands that sometimes the only way to move on and forward from your medical malpractice injuries is through financial compensation. We have recovered millions of dollars in compensation for our clients and would love to provide you with the same level of service and knowledge. 

We don’t see a single penny unless we win your case. For a free consultation today, give our New Port Richey medical malpractice attorneys a call at (727) 761-9265 or use our contact form. 

Frequently Asked Questions to Medical Malpractice Attorney in New Port Richey, FL