Why Choose Wagner, McLaughlin & Whittemore?

We have been providing top-notch legal services to clients since 1967. We know how to help victims and their families navigate the medical malpractice process and get the maximum compensation for their injuries.

The medical malpractice attorneys in Tampa at Wagner, McLaughlin & Whittemore understand how challenging this situation is for you and your loved ones. We focus on medical malpractice cases caused by various incidents, including improper surgeries, dental work, births, misdiagnosis, and other accidents.

No matter how you were injured, we can help. Let the compassionate lawyers who deal with medical malpractice at Wagner, McLaughlin & Whittemore take the burden off your shoulders.

Areas We Serve

Our medical neglect law firm is based in Tampa, but our reputation of success leads us to practice throughout Florida, serving cities including:

  • Clearwater
  • St. Petersburg
  • Ft. Lauderdale
  • Bradenton
  • Key West
  • Brandon
  • Orlando
  • Sarasota
  • Boca Raton
  • Lakeland
  • Naples
  • Fort Myers
  • Cape Coral
  • Miami
  • West Palm Beach
  • Jacksonville
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Types of Medical Malpractice Cases in Tampa

Medical malpractice cases come in all shapes and sizes. Our legal team handles many types of medical malpractice cases and more in Florida, including, but not limited to:

  • Dental malpractice
  • Hospital malpractice
  • Doctor malpractice
  • Nurse malpractice
  • Surgical errors
  • Anesthesia errors
  • Medication errors
  • Birth injuries
  • Misdiagnosis or delayed diagnosis
  • Failure to treat
  • Failure to monitor
  • Pharmaceutical errors
  • Medication mistakes

Florida’s Medical Malpractice Process

While medical malpractice is a type of personal injury case in Florida, the claims process is complex and different from other personal injury claims. You should work closely with a medical negligence attorney who can evaluate your case and help you understand the steps in the medical malpractice process.

 

Before You File a Florida Medical Malpractice Lawsuit

Before filing a lawsuit, you must send a written “Notice of Intent” to the healthcare provider(s) you believe committed malpractice. This notice outlines the alleged negligence and its consequences. The notice is accompanied by an affidavit by a medical professional that attests to the negligent care and injury to the patient.

The provider(s) then have 90 days to investigate and respond and, during the presuit period can request information and take unsworn statements to investigate the malpractice claim.  They can either admit liability, offer a settlement, or reject the claim.

Establishing Negligence

You must prove that the medical provider was negligent and breached the prevailing professional standard of care that a reasonable healthcare provider would have been expected to exhibit under similar circumstances. In addition you must also prove that the professional’s negligence and breach of the standard of care caused an injury to you.  Once you show that the doctor was negligent, you can establish liability.

How Much Is My Florida Medical Malpractice Claim Worth?

Your medical malpractice attorneys can help you determine the damages you’ve suffered to explain to you what compensation you can obtain. Many factors are considered when valuing medical malpractice cases, including the number of parties, where the case is being heard, available insurance, whether you have lost earnings, the nature of the injury, the cost of medical care in the past and the future that are necessitated by the negligence just to name a few.

You are entitled to recover both economic and non-economic damages in a medical malpractice case.

Economic Damages

Economic damages in a medical malpractice case refer to the financial losses suffered by the patient due to the negligence of the healthcare provider. Economic damages include past and future medical expenses, physical therapy, rehabilitation, home care, lost wages, lost earning capacity, travel costs for medical treatment, modifications to the home or vehicle due to disability, and more.

Non-Economic Damages

Non-economic damages are not linked to money that is lost in the case. They include pain and suffering, disability, physical impairment, disfigurement, and mental anguish.  There is no exact standard for calculating these types of damages.  Rather, the jury is instructed to make an award that is fair and reasonable under the evidence received at trial.

Wrongful Death

If a loved one died due to complications from medical malpractice, you could be compensated for your loss.

File a Medical Malpractice Lawsuit

File a Medical Malpractice Lawsuit

Our Tampa medical malpractice lawyers can help you pursue a lawsuit against the healthcare professional who injured you or your loved one. The lawsuit stage involves filing a formal complaint with the court and engaging in detailed discovery.

Discovery involves both sides exchanging relevant documents and information related to the case. It also requires depositions of witnesses and experts, which is questioning under oath by opposing attorneys.

Our lawyers are not afraid to take your case to trial and present arguments before a jury. We won’t recommend that you take a settlement offer unless it’s in your best interests. If you want to sue, we will fight for you all the way through trial.

Resolve Your Case Through Settlement or Trial

Many medical providers have deep pockets and are willing to make a settlement offer to resolve your case outside of court. Whether your case settles or proceeds to trial, Wagner, McLaughlin & Whittemore will be by your side. We will always have at least two attorneys working on your case. In fact, we won’t charge you anything until you win your case.

Contact a Tampa Medical Malpractice Lawyer at WMW Today

You expect medical providers to help you – not hurt you. They should be held accountable when they are negligent and cause you or a loved one harm. With the help of an experienced medical malpractice law firm, you can get the total compensation owed to you, allowing you to focus on moving forward with life. Wagner, McLaughlin & Whittemore’s team of Tampa medical malpractice lawyers will fight for you against the medical insurance companies and their lawyers. We represent victims of medical negligence in Tampa Bay and throughout Florida.

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