Note: This content is for informational purposes only. Our law firm partners with other law firms that specialize in cases involving medical malpractice.
Are you struggling with excruciating pain, changes in your mobility, serious health issues, or other challenges because a healthcare provider in Orlando, Florida, made a mistake? An experienced Orlando medical malpractice lawyer can help.
We all deserve skilled and competent medical care. When a doctor, hospital, or healthcare professional is negligent, you could be entitled to compensation for your losses.
Medical malpractice laws are complex and protect doctors and hospitals doing their jobs. It can be hard to prove that a doctor’s mistake caused harm. But this shouldn’t let careless doctors off the hook.
How A Lawyer Can Help If You’ve Been the Victim of Medical Negligence in Orlando, FL
Thanks to provider-friendly laws, medical malpractice lawsuits are notoriously challenging. Insurance companies, hospitals, and healthcare providers also have considerable resources at their disposal to fight lawsuits.
Our Orlando personal injury lawyers have dedicated their careers to making things right for accident and injury victims.
When you turn to us for help, you can count on us to:
- Launch a thorough and independent investigation into your medical care and the circumstances surrounding your injury
- Carefully analyze medical charts and records, provider notes, hospital policies, photographs, witness statements, video footage, and other evidence
- Prepare an affidavit backed by medical expert testimony, as required by Florida state law
- Build a compelling legal case that highlights the provider’s negligence and outlines the damages you’ve suffered as a result
- Bring in medical experts to corroborate your allegations and provide guidance throughout the claims process
- Aggressively seek a top-dollar payout during settlement negotiations
- Reject unreasonably low offers and fight for you at trial in Orange County, if necessary
There’s no need to worry about the cost of an attorney when you choose Payer Law Personal Injury Lawyers. Our lawyers in Orlando work on contingency. You’ll pay nothing unless we win your medical negligence case.
What is Medical Malpractice?
Medical malpractice refers to situations where a doctor (or another healthcare provider) breaches the duty of care owed to the patient. More specifically, the provider fails to satisfy expected standards of care when treating a patient.
Healthcare providers are held to high standards. After all, they often benefit from more than a decade of education, training, and experience. We expect them to lean on everything they’ve learned and done to protect our health and lives.
If a physician falls short of what’s expected of them – and a patient gets hurt or is killed as a result, they can be considered negligent and subsequently liable in a medical malpractice claim. It’s important to note that the patient’s injury cannot be a reasonably anticipated outcome of the treatment they’re receiving.
In Florida, the standard of care for medical professionals is the “level of care, skill, and treatment” that’s “recognized as acceptable and appropriate by reasonably prudent similar health care providers” under the circumstances.
What Causes Most Medical Errors?
Medical mistakes, errors, and omissions can happen for a lot of different reasons.
Some of the leading causes include:
- Provider fatigue
- Communication problems
- Understaffing
- Failing to listen to a patient’s concerns
- Technical failures
- Use of improper technique
- Poor skills
- Patient management errors
It’s important to identify the underlying reason for or cause of a healthcare provider’s negligence. This information will be critical to the success of your medical malpractice lawsuit.
Who Can Be Liable For Medical Malpractice in Orlando?
Depending on the specific facts of your medical negligence case, potentially liable parties might include:
- Primary care physician
- Surgeon
- Emergency room physician
- Medical specialists, such as an OBGYN or oncologist
- Nurse
- Nurse practitioner
- Anesthesiologist
- Pharmacist
- Hospital administration
- Hospital staff
- Midwife
- Chiropractor
Ultimately, any provider that assumes responsibility for your care or treatment can be liable for a medical error.
What Do I Have to Prove to Win a Medical Malpractice Lawsuit in Orlando?
Medical malpractice is a matter of negligence. Negligence involves establishing four elements: duty, breach, causation, and damages.
Specifically, you’ll need to establish:
- The provider owed you a duty of care because a provider/patient relationship existed
- The provider breached the duty of care owed to you through some action or failure to act
- The provider’s actions (or failure to act) were the actual and proximate cause of your injury, which was not a reasonably anticipated consequence of the treatment you received
- You can point to specific damages you’ve suffered as a result (e.g., medical bills for further treatment, a sudden loss of income due to disability, etc.)
It’s important to demonstrate that another provider of the same specialty would have done things differently, and, in turn, you would have likely avoided injury.
Advocating For Patients in All Types of Orlando Medical Malpractice Cases
Medical malpractice can occur at any point in time while you’re under the care of a medical professional.
Some types of medical negligence cases include:
- Misdiagnosis
- Missed diagnosis
- Delayed diagnosis
- Cancer misdiagnosis
- Prescription errors
- Anesthesia errors
- Birth injury
- Surgical error
- Failure to treat
- Emergency room errors
What Types of Damages Are Available to Victims of Medical Negligence in Florida?
Florida law permits plaintiffs in medical malpractice litigation to pursue compensatory damages.
Compensatory damages include economic awards and non-economic awards.
Economic damages make you financially whole and offset the costs related to your injury, such as:
- Current medical expenses
- Future medical bills
- Rehabilitation and therapy
- Lost wages and income
- Diminished earning capacity
- Disability
- Nursing care and assistance
- Out-of-pocket expenses, including travel for necessary medical care
Non-economic damages help to compensate for the harder-to-value trauma you experience as a victim, such as:
- Chronic physical pain
- Disfigurement and scarring
- Emotional distress
- Pain and suffering
- Reduced quality of life
- Loss of consortium
Punitive damages, intended to punish a medical professional for their negligent or wrongful actions, can also be awarded in an Orlando medical malpractice lawsuit. State law allows punitive damages when there’s clear and convincing evidence of intentional misconduct or a reckless disregard for the victim’s health or safety.
Expect the hospital and insurance company to try to drive down the value of your case. Count on medical malpractice attorneys in Orlando to fight to get you every cent you deserve. They’ll work closely with trusted experts and specialists as they analyze how your medical care has changed your life and what it’s cost you.
Is There a Deadline For Filing a Florida Medical Malpractice Lawsuit?
Yes. Florida law provides a two-year statute of limitations for medical malpractice lawsuits.
This gives you two years from the date of a provider’s negligence or the date your injury is discovered to take legal action. Thanks to a statute of repose, you’ll have no more than four years to file a lawsuit and demand compensation.
Once time runs out, you will no longer have the opportunity to assert your rights and hold the negligent healthcare professional responsible for the harm they’ve caused.
Schedule a Free Consultation With an Experienced Orlando Medical Malpractice Lawyer
You’ve been injured because a doctor made a critical mistake when providing treatment. As a victim, you have rights. Our Orlando medical malpractice attorneys have the experience and knowledge of Florida medical negligence laws you’ll need to achieve top results.
Visit Our Personal Injury Law Office In Orlando, FL
Payer Law Personal Injury Lawyers
6735 Conroy Rd STE 332, Orlando, FL 32835
(407) 648-1510
Open 24 hours
Our personal injury law firm in Orlando also provides:
- Amusement Park Accident Attorney in Orlando, FL
- Bicycle Accident Lawyers in Orlando, FL
- Boating Accidents Lawyer in Orlando, FL
- Brain Injury Accident Attorneys in Orlando, FL
- Bus Accidents Attorneys in Orlando, FL
- Car Accident Attorneys in Orlando, FL
- Catastrophic Injury Lawyers in Orlando, FL
- Child Injury Attorneys in Orlando, FL
- Construction Accident Lawyer in Orlando, FL
- Dog Bite Lawyers in Orlando, FL
- Lyft Accidents Attorney in Orlando, FL
- Motorcycle Accidents Lawyer in Orlando, FL
- Pedestrian Accident Lawyers in Orlando, FL
- Premises Liability Attorneys in Orlando, FL
- Product Liability Lawyers in Orlando, FL
- Slip and Fall Accident Lawyers in Orlando, FL
- Truck Accident Attorneys in Orlando, FL
- Uber Accidents Lawyers in Orlando, FL
- Workers’ Compensation Lawyer in Orlando, FL
- Workplace accidents Attorney in Orlando, FL
- Wrongful Death Lawyers in Orlando, FL