Orlando Medical Malpractice Lawyer

Were You the Victim of Medical Negligence in Orlando? Contact Our Malpractice Lawyer Today

At Dolan Dobrinsky Rosenblum Bluestein, LLP, we recognize the profound trust patients place in their healthcare providers. Doctors, surgeons, and nurses possess specialized knowledge that most people rely on for their well-being and, in critical situations, their lives. Their expertise in human anatomy and physiology often surpasses our understanding, leading us to place unwavering faith in their decisions and actions.

However, it is crucial to remember that medical professionals, despite their extensive training and experience, are human and can make mistakes. This reality is sobering, especially when we consider the devastating consequences that can result from medical errors. Sadly, mistakes in hospitals across the United States lead to hundreds of thousands of premature deaths annually. Many more patients endure chronic pain or extended illnesses due to errors made by healthcare staff.

The repercussions of these medical mistakes extend far beyond physical harm. Victims often face substantial medical bills, severe pain and suffering, and, in some cases, even job loss if the injury results in disability. The financial and emotional toll on patients and their families can be overwhelming, creating a ripple effect that impacts every aspect of their lives. Filing medical malpractice lawsuits can help.

If you suspect your doctor made a significant error in diagnosis or treatment, you may be entitled to substantial compensation. However, it is important to act quickly. Florida’s statute of limitations for medical malpractice is just two years, meaning time is essential. Don’t delay – contact our experienced Orlando medical malpractice lawyers at Dolan Dobrinsky Rosenblum Bluestein, LLP today to begin our thorough investigation immediately. Contact our experienced medical malpractice lawyer today for a free case review.

Identifying Medical Malpractice in Orlando

All healthcare providers are expected to deliver their patients the highest standard of care. This standard is not merely an idea but a professional and legal obligation. While many healthcare professionals meet and exceed this standard, some unfortunately fall short due to various reasons:

• Inadequate training or outdated medical knowledge: Proper training of doctors and other medical professionals is key. You may have a malpractice claim based on healthcare professionals who rely on obsolete techniques or who lack necessary training. 
• Misdiagnosis or incorrect interpretation of test results: A timely and accurate diagnosis is a must. This type of malpractice occurs when doctors incorrectly identify a disease or misread diagnostic tools leading to the wrong assessment and an inappropriate treatment.
• Failure to diagnose a condition: Patients suffer when doctors overlook symptoms or fail to detect underlying diseases which can prevent timely and effective treatment.
• Delayed diagnosis leading to worsened outcomes: Even a relatively short delay in care could be a big problem. Another type of malpractice happens when diagnosis is unreasonably delayed causing advancement of the illness and reducing treatment options.
• Surgical errors, including wrong-site surgery or retained surgical instruments: Some common examples of serious surgical mistakes include operating on the wrong part of the body or leaving items inside the patient post-operation.
• Anesthesia errors, which can lead to severe complications: Incorrect anesthesia application can result in permanent injury, brain damage, or even death. It is an all-too-common form of medical malpractice. 
• Medication errors, such as incorrect dosage or drug interactions: Modern medication is extremely powerful. It can be dangerous without proper care. Common errors include prescribing or administering the wrong medication or dosage. 
• Refusal to treat a patient, particularly in emergency situations: Denying treatment especially in urgent care can lead to critical consequences and violates medical duty.
• Birth injuries resulting from negligence during labor and delivery: Negligence by medical staff during childbirth can cause physical harm to the newborn ranging from mild to life-threatening conditions.
• Failure to obtain informed consent before procedures: Medical providers have an overriding duty to obtain informed consent from patients whenever it is possible. When patients are not adequately informed about the risks and alternatives of a medical procedure, it could be a violation of their rights and it could lead to a malpractice claim. 

Know the Defendants: Who Can Be Held Liable for Medical Malpractice in Florida 

Who can you hold liable for medical malpractice? The answer depends on many different case-driven factors. Indeed, determining liability in medical malpractice cases can be complicated as multiple parties may be involved in a patient’s care. Commonly responsible parties include:

• The attending physician, who has primary responsibility for the patient’s care
• Specialists consulted during treatment
• Surgeons and their surgical teams
• Anesthesiologists
• Nurses responsible for patient care and medication administration
• Ultrasound technicians and other diagnostic professionals
• Pharmacists who dispense medication
• Medical facilities, including hospitals and clinics, which may be liable for systemic issues or employee negligence

Through medical malpractice litigation we can help hold the responsible party accountable.

Proving Malpractice

Building a strong medical malpractice case requires solid, comprehensive evidence. Our dedicated team at Dolan Dobresnski Rosenblum Bluestein, LLP, will meticulously gather and analyze:

• Expert medical testimony: We collaborate with respected medical professionals who can explain proper procedures and standards of care and highlight where deviations occurred in your case.
• Comprehensive medical records: This includes detailed treatment notes, diagnostic test results, imaging scans, medication records, and your complete medical history.
• Video surveillance: If available, this can provide crucial evidence of negligence or improper care.
• Photographic evidence: We’ll document your injuries thoroughly to demonstrate the physical impact of the malpractice.
• Your personal testimony: Your account of the events, detailing your experiences, struggles, and the impact on your life since the treatment began, is invaluable to your case.
• Witness statements: Testimonies from family members, friends, or other healthcare providers who witnessed the care you received or its aftermath can strengthen your case.

An Overview of Medical Malpractice Laws and Florida Medical Malpractice Cases

Were you the victim of medical malpractice in Orlando? It is crucial that you have a general understanding of the legal claims process. Notably, medical malpractice cases are generally governed by state law—and there are some variations in the standards from state-to-state. Here are key points to know about the medical malpractice laws in Florida: 

1. Liability is Based on Professional Negligence: In Florida, medical malpractice liability is based on the principle of professional negligence. Broadly defined, professional negligence happens when a healthcare provider fails to provide the standard of care expected of a reasonably competent practitioner in the same field under similar circumstances and, as a consequence, causes harm to the patient. In order to successfully establish liability in a medical malpractice claim in Orlando, the plaintiff (patient) must prove that the healthcare provider owed a duty to the patient, breached that duty through negligent actions or omissions, and directly caused injury or harm to the patient as a result. 
2. Supporting Opinion of Medical Expert is Required: Florida law requires that all claims of medical malpractice be supported by a qualified medical expert. In other words, you cannot simply file a medical malpractice lawsuit without working with a qualified medical specialist. Indeed, before a lawsuit can proceed, the plaintiff (patient)must obtain a written opinion from a medical expert, who must testify that there are grounds to believe that the defendant healthcare provider deviated from accepted standards of medical care. The requirement is intended to eliminate frivolous lawsuits and ensure that the claim has basic merit. A top-tier Orlando, FL medical malpractice attorney can connect you with the right expert witness for your specific case. 
3. Patient Must Send Notice of Intent to Sue: Under Florida Statutes § 766.106, there are also pre-suit procedural requirements that must be satisfied before you can move forward with a medical malpractice case. Indeed, there is a unique provision in Florida’s medical malpractice statutes that mandates that the patient must send a notice of intent to sue to the potential defendant(s) before filing a lawsuit. The notice must be sent at least 90 days before initiating legal action and must include an authorization form for the release of the plaintiff’s medical records. The pre-suit notice period allows the defendant to conduct a pre-suit investigation and consider whether to settle the claim out of court. It also provides an opportunity for mediation. Our Orlando medical malpractice lawyers can help you navigate the pre-suit Notice of Intent requirement set by Florida law. 

The Four Key Elements of Medical Negligence

As noted previously, professional negligence is a required element of a successful medical malpractice claim in Florida. Proving that you—or your loved one—suffered a bad outcome after getting medical care in Orlando—is not sufficient to establish medical malpractice. You must provide that the provider (doctor, hospital, etc) was negligent. A comprehensive investigation of exactly what is a must. Our Orlando medical malpractice lawyers will gather all relevant evidence and information. With this evidence, we’ll work diligently to establish the four critical elements of negligence in your case:

1. Duty of care: We’ll demonstrate that the medical provider owes you a professional duty of care, which is established when a doctor-patient relationship exists.
2. Breach of duty: We’ll prove that the healthcare provider failed to meet the accepted standard of care in your treatment.
3. Causation: We’ll establish a direct link between the provider’s breach of duty and your injuries or worsened condition.
4. Damages: We’ll document the financial and non-financial consequences you’re facing as a result of the malpractice, including medical expenses, lost wages, pain and suffering, and diminished quality of life.

It’s important to note that a worsening condition or side effects don’t always constitute malpractice. Medical treatments can have known risks and potential complications. Our experienced Orlando medical malpractice lawyers at Dolan Dobrinsky Rosenblum Bluestein, LLP, will utilize their extensive resources and connections to thoroughly investigate your situation and uncover the truth behind your case. Never assume that you have no viable medical malpractice claim. The best step that you can take to protect your rights and your interests is to set up a free, confidential consultation with a top-rated Orlando, FL medical malpractice attorney.

Florida Medical Malpractice Damage Caps

In Florida, there are no caps on economic damages for medical malpractice victims. These damages include direct financial consequences like medical bills and lost wages. Non-economic damages were previously capped at various levels depending on specific circumstances.

However, a recent Florida Supreme Court ruling found that capping non-economic damages for severely injured victims is unconstitutional. This decision has removed the previous caps, which included:

For practitioners:

• $500,000 in most injury cases
• $300,000 for injuries caused by Medicaid practitioners
• $1 million for catastrophic injuries
• $1 million for deaths or injuries resulting in a permanent vegetative state
• $150,000 for negligent emergency care services

For non-practitioners:

• $750,000 in most cases
• $1.5 million for deaths or permanent vegetative states
• $1.5 million for catastrophic injuries
• $750,000 for emergency services injuries

You Have Limited Time to Bring a Medical Malpractice Claim in Orlando

You do not have an unlimited amount of time to file a medical malpractice lawsuit in Orlando. Under Florida law (Florida Statutes § 95.11), these claims are generally subject to a two-year statute of limitations. You (presumptively) have two years from the date that malpractice happened to file a lawsuit. What happens if you fail to bring your Orlando medical malpractice claim in a timely manner? You could lose your right to recover compensation at all. 

It should be noted that the two year statute of limitations time clock starts to run when the patient knew or should have known that they were harmed by malpractice. In some cases, such as with a retained surgical object, medical malpractice is not immediately discoverable. With that being said, there is a statute of repose for medical malpractice claims in Florida. The statute sets a strict outer limit of four years from the date of the incident to file a claim—regardless of when the injury was discovered. Protect your rights: Consult with a Florida medical malpractice lawyer right away. If you call us today, we can help by starting with a free consultation!

How Dolan Dobrinsky Rosenblum Bluestein, LLP Can Help

Medical malpractice cases are incredibly complex, especially if it includes wrongful death. Navigating the legal system while recovering from injuries can be overwhelming. That’s where our experienced team steps in. Our law firm has a history of in complex medical malpractice claims. We are proactive. Along with other things, our Orlando medical malpractice attorneys are ready to:

• Collect and organize evidence
• Hire medical experts for testimony
• Thoroughly review your medical records
• Examine the liable party’s insurance policy
• Demonstrate the medical provider’s negligence
• Negotiate with the opposing party’s insurer
• Adhere to state-imposed deadlines
• Argue your case in court if necessary

Orlando Medical Malpractice Claims: Frequently Asked Questions (FAQs)

How Common is Medical Malpractice?

It is far more common that many people realize. There are thousands of medical negligence cases reported annually all across the United States. In Florida, the rate of medical malpractice is a serious issue. It adversely affects a wide range of patients in various healthcare settings.

What is the Most Common Type of Medical Malpractice?

Diagnostic errors. The most common type of medical malpractice involves either doctor misdiagnosis or delayed diagnosis. Broadly speaking, these are mistakes that can lead to incorrect or delayed treatment and serious harm to the patient. Other frequent types include surgical errors and medication mistakes. Negligent health providers must be held accountable for malpractice. 

When Should I Speak to a Medical Malpractice Lawyer in Orlando?

As soon as possible after a bad health care outcome. You should speak to an Orlando, FL medical malpractice lawyer as you suspect that you or a loved one has been a victim of medical negligence. Be proactive. You do not want to fall behind in the legal claims process. Early consultation allows the lawyer to gather evidence, consult with medical experts, and build a strong case. 

Should I Agree to Settle My Medical Malpractice Claim?

Maybe. Before agreeing to settle your medical malpractice claim, it is absolutely essential to consult with an experienced lawyer. Your Orlando medical malpractice attorney will assess the fairness of the offer. Medical malpractice insurance companies are notoriously aggressive. Sadly, they often attempt to settle for less than the claim’s full value. 

How Likely is My Malpractice Case to go to Trial?

It is not especially likely, but it is always a possibility. While many medical malpractice cases are settled out of court, the reality is that there is still a significant number of these types of claims that do proceed to trial. You need a trial-tested Orlando medical malpractice attorney. 

You Can Always Afford a Top Orlando Medical Negligence Attorney

How much does it cost to hire a medical malpractice lawyer in Orlando? With Dolan Dobrinsky Rosenblum Bluestein, LLP, you can get access to the best Orlando medical malpractice lawyer without worrying about upfront costs or hourly bills. We handle all types of medical negligence claims in Florida on a contingency fee basis. Our team only collects a legal fee when you get paid. Your initial consultation with our Orlando medical malpractice lawyer is free and no obligation.

Get in Touch with Us Today

Contact Dolan Dobrinsky Rosenblum Bluestein, LLP, via (407) 863-9186 and take the first step towards justice and recovery. Our dedicated team is ready to listen to your story, assess your case, and fight tirelessly for the compensation you need and deserve. Hurt due to medical negligence? We can help. Initial consultations are free and strictly confidential. We handle medical malpractice claims in Orlando, Orange County, and throughout the surrounding region in Central Florida.