(813) 284-4024

McBreen & Nowak, P.A.
115 S. Fielding Avenue, Suite 3, Tampa FL 33606 us

eric@mcbreennowak.com

​dan@mcbreennowak.com

NOTICE:  The information provided on this page is for ​information only and should not be construed to form an attorney client relationship.  If you need legal advice, you should retain an attorney and follow their advice.  The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.  Any past verdicts and settlements are the gross amount of the settlement or verdict and not a reflection of the amount of money received by the client.  Attorney's fees, costs, and medical liens often reduce these amounts.

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Frequently Asked Questions


Are there time limits to file a Medical Malpractice case?   In Florida, the statute of limitations (the time limitation for filing a lawsuit) is two years from the time you knew or should have known that an injury occurred and that the injury resulted from medical malpractice.  While there are exceptions, if you believe that you or a loved one have been the victim of medical malpractice you should not delay in seeking legal help.

Are there caps on damages in Medical Malpractice Cases?  The Florida Legislature has enacted many caps on damages which have been ruled unconstitutional by various courts around the state, including the Florida Supreme Court.  While the defense may argue that these caps still apply,the language used by these courts should have broad application to minimize the effect of these caps on damages.

If I believe I have been a victim of Medical Malpractice, what should I do?  Call us right away.  Medical Malpractice cases take a long time to get filed--medical records must be ordered and reviewed by an expert.  In fact, in Florida, there is a pre-suit procedure that must be followed before you are even allowed to file a lawsuit and an expert must review your medical records before this pre-suit process can even be started.  The Legislature has stacked the deck against you, so you must act quickly to protect your rights.


Do you need a Medical Malpractice Attorney?  If so, call us, we can help.




When you entrust your or your loved one's safety to a medical provider you expect that the medical provider will act safely in diagnosing, monitoring, and treating the medical condition.  However, if that medical provider has failed to act safely and reasonably and you are injured, you may have a claim against that medical provider for the damages that you suffered.  Not every time there is a negative consequence from medical treatment is there a medical malpractice case; however, our attorneys can help you understand whether your medical provider breached the standard of care and whether you have a case.

Medical Malpractice

Our Attorneys have experience with the following types of medical malpractice cases, among others:

- Post operative negligence, including a failure to rule out and treat an infection, sepsis, and septic shock

-Intraoperative negligence, including a failure to culture the site of infection.

- Failure to diagnose internal bleeding

- Failure to monitor a patient in the intensive care unit (ICU)

- Radiology negligence

- Negligent medication administration

Often times cases have been reviewed and rejected by several law firms before coming to our firm because the cases are too complex and the attorneys are not willing to do the work necessary to understand the medicine.  If you or a loved one would like a free consultation to determine whether medical malpractice has occurred, call us, we can help.

​- Misdiagnosis and delays in diagnosis
- Surgical Errors
- OB GYN Care
- Nursing Home Negligence
- Negligent Nursing Care
- Anesthesia Errors
- Failure to timely diagnose and treat Cauda Equina Syndrome
- Negligent Neonatal Care (NICU Care)
- Wrongful Birth