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December 22, 2025

What is a Malpractice Attorney?

Categories: Legal Malpractice, Medical Malpractice

When you hire a doctor, lawyer, accountant, or other licensed professional, you rely on their training and judgment to protect your health, finances, and legal rights. Most of the time, that trust is honored. Malpractice happens when a professional falls below the standard of care expected in their field, and that failure causes serious harm. In Florida, those harms can include catastrophic injury, wrongful death, lost lawsuits, business losses, tax penalties, and the cost of fixing bad work.

A malpractice attorney is the lawyer who helps you investigate that harm, determine whether it rises to the level of malpractice, and pursue compensation from the responsible professional and their insurance company. Wagner, McLaughlin & Whittemore have the malpractice attorneys to help you recover from a malpractice incident.

What Counts as Malpractice in Florida?

Every malpractice claim, whether it involves a doctor, hospital, accountant, or lawyer, rests on four core elements: duty, breach, causation, and damages.

Duty: the professional must have owed you a duty of care

You must have had a recognized relationship with the professional. That might mean you were a patient of a Tampa medical provider, a client of a law firm, or a business that hired an accountant.

Breach: they fell below the professional standard of care

The professional must have done something a reasonably careful professional in the same field would not have done, or failed to do something they should have done. In medical cases, that standard is the prevailing professional standard of care. In accounting and legal cases, courts look to what a reasonably competent professional would have done under similar circumstances.

Causation: the breach caused your injury or loss

It is not enough to show that the professional made a mistake. You must be able to link that mistake to specific harms, such as a stroke that should have been prevented, a dismissed lawsuit, or large tax penalties.

Damages: you suffered measurable harm

Finally, you must have real damages. In malpractice cases, damages can be physical injuries, wrongful death, lost wages, lost business value, extra medical bills, penalties and interest, or the value of a case that was lost because of professional negligence.

A bad result alone is not enough. Malpractice requires a proven deviation from accepted professional standards and a clear connection between that deviation and your losses.

What Are the Most Common Types of Malpractice Cases?

Malpractice claims can arise in many professions. Four of the most common areas handled by malpractice attorneys in Tampa are medical malpractice, hospital and emergency room malpractice, accounting malpractice, and legal malpractice.

Medical Malpractice

Medical malpractice occurs when a doctor, nurse, or other healthcare provider fails to follow the prevailing professional standard of care and a patient is injured as a result.

Examples include:

• Surgical errors, such as operating on the wrong site or leaving instruments behind
• Anesthesia mistakes, including improper dosing or failure to monitor
• Misdiagnosis or delayed diagnosis of conditions such as cancer, sepsis, heart attack, or stroke
• Medication errors, including wrong drug, wrong dose, or dangerous interactions
• Birth injuries to a mother or baby during labor or delivery
• Failure to order necessary tests or to act on abnormal results
• Failure to monitor a patient after surgery or during a known high risk period

A Tampa medical malpractice lawyer will review records, consult experts, and determine whether your injury was a known complication or the result of care that fell below the professional standard.

Hospital and Emergency Room Malpractice

Hospital and ER malpractice is a specific type of medical malpractice that focuses on the systems, staffing, and procedures in large facilities. An emergency room visit is supposed to stabilize and treat you, not leave you worse off.

Common hospital and ER malpractice issues include:

• Misdiagnosis and delayed diagnosis in busy emergency departments
• Triage errors that send critical patients to the waiting room
• Failure to monitor vital signs and alarms after surgery or in intensive care
• Medication and pharmacy errors in the hospital setting
• Improper discharge without adequate instructions or follow up
• Imaging and lab misreads that delay life saving treatment

Hospitals and health systems may be liable for their own corporate negligence, such as unsafe nurse to patient ratios or poor policies, and for the negligence of their staff. A Tampa hospital and ER malpractice lawyer will investigate charting, staffing, protocols, and electronic health record data to show how system failures caused preventable harm.

Accounting Malpractice

Accounting malpractice happens when an accountant or accounting firm fails to meet the standards of the profession and that failure causes financial harm.

Examples include:

• Negligent tax preparation that leads to penalties, interest, or audits
• Incorrect advice about entity structure, deductions, or transactions that triggers unexpected tax consequences
• Failure to detect obvious fraud or embezzlement in a review or audit
• Improper auditing practices that ignore required procedures under GAAP or GAAS
• Conflicts of interest or breaches of fiduciary duty when an accountant puts their own interests ahead of the client
• Persistent bookkeeping errors and poor advice about internal controls that lead to material losses

A Florida accounting malpractice lawyer examines financial records, regulatory notices, and expert opinions to determine whether the accountant’s work fell below accepted standards and how that failure translated into measurable losses.

Legal Malpractice

Legal malpractice occurs when a lawyer fails to act with the skill, care, and diligence expected of a reasonable attorney, and that failure harms the client.

Common forms of legal malpractice include:

• Missing statutes of limitation or other critical deadlines so a case is dismissed
• Failure to file a lawsuit or appeal on time
• Trial errors, such as failing to present key evidence or properly object to improper evidence
• Failure to properly investigate a case or research the law
• Improper or pressured settlements that do not reflect the case’s true value
• Conflicts of interest where the lawyer’s loyalty is divided
• Poor communication, including failure to inform the client about important developments or offers

In many legal malpractice cases, the client must prove the “case within a case” that the underlying claim would have succeeded if the attorney had met the professional standard. A Tampa legal malpractice attorney helps reconstruct that underlying case while proving how the lawyer’s mistakes caused the loss.

Other Professionals Who May Commit Malpractice

Malpractice claims can also arise from:

• Architects and engineers whose designs or recommendations cause financial or structural harm
• Insurance agents who fail to obtain requested coverage or misrepresent policy terms
• Real estate professionals who fail to disclose major defects or misstate material facts
• Mental health providers who fail to meet accepted standards of care in treatment or boundaries

A malpractice attorney can evaluate whether your situation fits within one of these categories and whether a claim is viable.

How Do I Pursue a Malpractice Claim in Florida?

Pursuing a malpractice claim is more involved than filing a typical personal injury case. Florida law imposes specific requirements, especially for medical malpractice, and courts expect expert testimony in almost every malpractice claim.

It Must Be More Than a Simple Mistake

Not every error is malpractice. Professionals are not guarantors of results, and there can be acceptable differences in judgment. To support a malpractice claim, you must show:

• A clear departure from accepted professional standards, not just an outcome you dislike
• A direct link between that departure and your injury or loss
• Significant damages that justify the time and expense of litigation

A malpractice attorney works with qualified experts in the same profession to evaluate whether those elements can be proven.

Pre–Suit Requirements in Medical Malpractice

Medical malpractice cases in Florida follow a detailed pre-suit process before a lawsuit can be filed. In general, a Tampa medical malpractice lawyer will:

• Obtain your medical records and any relevant billing data
• Hire independent medical experts to review the care you received
• Obtain a sworn affidavit from a qualified expert supporting your claim
• Serve a formal notice of intent to initiate litigation on the negligent health care providers

That notice triggers a 90 day presuit period during which the providers and their insurers investigate, request information, and sometimes negotiate. Only after that presuit process is complete can a formal medical malpractice complaint be filed in court.

Professional Malpractice Outside the Medical Context

Accounting and legal malpractice claims do not follow the same presuit statute as medical cases, but they still require careful groundwork:

• Document collection: engagement letters, invoices, work product, financial statements, pleadings, and correspondence
• Expert review: independent CPAs or attorneys evaluate whether the standard of care was breached
• Damage analysis: accountants or economists may be needed to quantify losses such as lost profits, tax penalties, or the value of a lost case

In all types of malpractice, an experienced attorney will also track applicable statutes of limitation and repose, which can be complex and may run from the date of the negligent act or from when the harm was discovered.

What Does a Malpractice Attorney Do for You?

A malpractice attorney’s role goes far beyond filing a lawsuit. In a typical case, your attorney will:

• Evaluate your situation and identify all potential defendants, including individuals, firms, hospitals, and health systems
• Gather and preserve critical evidence, such as records, digital data, and witness statements
• Coordinate with qualified experts in the relevant profession to define the standard of care and explain how it was breached
• Analyze causation to connect the professional’s failures to your specific injuries or financial losses
• Calculate damages, including medical expenses, lost earnings, business losses, penalties, and non-economic harms in appropriate cases
• Communicate with insurers and defense counsel, send demand letters, and negotiate settlements
• File and litigate your case in court if the other side will not make a fair offer

Throughout the process, a Tampa malpractice lawyer should keep you informed, explain options at each stage, and help you decide whether a settlement or trial is in your best interests.

FAQs About Malpractice Attorneys

Do I need a malpractice attorney in the same field as the professional who harmed me?

No. Your attorney does not need to be a doctor, accountant, or trial lawyer themselves. Their job is to understand malpractice law, manage the case, and work with qualified experts in the relevant profession who can explain technical standards and how they were violated.

Is every bad outcome malpractice?

No. Some medical complications, adverse verdicts, or business losses occur even when professionals act appropriately. Malpractice requires proof that the professional fell below the standard of care and that this failure caused your specific harm. A malpractice attorney can help distinguish between unavoidable outcomes and negligence.

How long do I have to bring a malpractice claim in Florida?

Time limits vary by type of malpractice and by the facts of your case. In many situations, the clock begins when you knew or reasonably should have known of the malpractice, but there are outside deadlines as well. Because these rules are complex, you should speak with a malpractice attorney as soon as you suspect a problem.

Will my case go to trial?

Many malpractice cases resolve through settlement after investigation and expert review, but not all. Medical providers, law firms, and accounting firms often have professional liability carriers who defend these cases aggressively. Your attorney will prepare as though the case will be tried so that you are in the strongest position to negotiate or to present your case to a jury.

What evidence should I preserve if I suspect malpractice?

Keep copies of all records and communications related to the professional relationship. That may include medical charts, appointment summaries, financial statements, tax returns, emails, portal messages, letters, invoices, pleadings, and any notes you kept. Do not alter documents. Bring all relevant documents to your consultation so that your attorney and experts can review them.

Can I fix the professional’s mistakes before speaking to an attorney?

Trying to fix things on your own can sometimes make proving malpractice harder. For example, amending tax returns or hiring a new lawyer to quickly settle a case might blur what damages were caused by the original negligence. In most situations, it is wise to consult a malpractice attorney first, then coordinate any corrections with both legal and professional guidance.

Do malpractice attorneys handle medical, accounting, and legal claims together?

Some firms, including those specializing in professional negligence, frequently handle malpractice cases involving multiple professions. That experience can be important when, for example, an underlying injury case involved medical issues and was mishandled by a lawyer, or when accounting errors affect the value of a personal injury settlement.

Call a Florida Malpractice Claims Attorney in Tampa Today

Malpractice can change the course of your health, your finances, and your future. You do not have to sort out complex professional standards, insurance policies, and Florida statutes on your own. A malpractice attorney can help you understand what went wrong, identify who is responsible, and pursue compensation that reflects the full scope of your losses.

Wagner, McLaughlin & Whittemore represents clients in Tampa and across Florida in medical malpractice, hospital and ER malpractice, accounting malpractice, legal malpractice, and other professional negligence matters. Call (813) 225-4000 or contact the firm online to schedule a consultation.