Preventable medical mistakes can cause serious injury and produce unexpected medical bills, lengthy recovery, and uncertainty about the future. An Orlando medical malpractice lawyer can explain how to determine if your provider failed to meet the appropriate standard of care and caused avoidable harm. Medical malpractice claims are among the most complex personal injury claims, but an Orlando medical malpractice attorney can help.
Founded in 1946, Spangenberg Shibley & Liber has recovered $1 billion in verdicts and settlements for injured individuals and families. However, past results do not guarantee a similar outcome. Each case is different and must be evaluated on its own merits. The firm’s nationally recognized trial lawyers concentrate their practice on complex litigation and regularly represent plaintiffs in medical malpractice cases, catastrophic injury claims, and wrongful death claims.
The firm prides itself on handling complex, high-value cases that other lawyers may not have the resources to pursue.
These cases often involve intricate legal and factual issues, require substantial discovery and professional analysis, and often demand hours of trial preparation and proof. Spangenberg Shibley & Liber is dedicated to representing clients in these complex cases.
Medical malpractice can happen in any medical care setting when negligence causes harm to a patient. While no two medical malpractice claims are alike, certain types occur more frequently than others. Some common types of medical malpractice include:
Instances of medical malpractice may also arise from a provider’s failure to obtain informed consent or inadequate follow-up care.
In 2024, 3,340 professional liability claims in Florida were reported as closed. Over $1.817 billion was paid during the course of the claims. Hospital inpatient facilities were the most common site for claims.
It is important to note that not every adverse medical outcome is caused by negligence. Establishing malpractice typically requires showing that the provider violated the accepted standard of care when treating the patient.
Central Florida residents receive care from major hospital systems like Orlando Health Orlando Regional Medical Center, AdventHealth Orlando, Orlando Health Dr. P. Phillips Hospital, and medical facilities at Lake Nona Medical City. These hospitals treat many patients daily and employ some of the country’s leading healthcare professionals.
Negligent medical care can still occur, however, in hospitals, outpatient surgery centers, doctor’s offices, urgent care facilities, and special care practices throughout Orlando.
Too often, medical mistakes are caused by preventable errors in communication, judgment, or patient safety protocols rather than an isolated mistake by a single healthcare provider. In fact, many acts of medical negligence are caused by a combination of factors. Medical malpractice can occur due to the following:
As medical providers evaluate patients and recommend treatment, they must carefully weigh the known information before them. If they fail to recognize serious warning signs or detect errors in testing, patients can suffer needlessly from treatable conditions.
Merely suffering a bad outcome from medical treatment does not necessarily mean that a healthcare provider was negligent. Medical treatment is complicated and does not always result in a positive outcome, even when the provider follows the appropriate standard of care.
Instead, medical malpractice claims revolve around the provider’s conduct and whether they failed to adhere to a certain standard of care. Florida law defines the standard of care Florida Statutes § 766.102 as the level of care, skill, and treatment that a similarly qualified healthcare provider would have used under the circumstances.
Doctors, while human and thus capable of error, are held to a standard where their treatment must conform to what other competent medical professionals would provide. For this reason, medical professionals usually review the patient’s care and provide an opinion about whether the provider breached the standard of care and caused harm.
Like all personal injury claims, medical malpractice claims are subject to a deadline under Florida law. Although Florida Statutes § 95.11 governs most claims, the statutory deadline may vary based on several factors, including when the injury occurred and when it was or should have been discovered.
Because medical malpractice claims are also subject to Florida’s pre-suit investigation requirements, waiting too long to contact an attorney may prevent you from gathering necessary evidence, consulting with medical professionals, and meeting statutory deadlines. If you believe that you or a loved one suffered harm due to negligent medical care, hire a medical malpractice lawyer promptly to discuss your potential claim.
Medical negligence can cause devastating financial burdens in addition to physical ones. Patients are often forced to undergo corrective surgeries, lengthy hospital stays, rehabilitative services, physical therapy, prescription medications, and adaptive equipment. Some injuries cause permanent disability and require around-the-clock care or lifetime treatment.
Individuals may be forced to pay for medical bills, lost wages, reduced earning capacity, home healthcare services, modifications to the home, transportation to doctor’s appointments, and any other losses they suffer as a result of the malpractice. Families who provide for injured loved ones with serious injuries may experience financial hardships of their own.
Patients and their families should keep detailed records of incurred expenses and other losses. When investigating a medical malpractice claim, your attorney can consider past and future losses, including the cost to treat the injury for the rest of the patient’s life.
The litigation process for medical malpractice claims is unique when compared to other personal injury cases. Before you file a claim, you need to participate in the pre-suit investigation process as required by Florida law.
Once you’ve hired an attorney and officially started your legal claim, professionals go through your medical documents to see if malpractice took place. Your attorney can then file the required pre-suit notice and may enter into settlement negotiations with the negligent party.
The discovery process starts once the claim is filed, requiring both parties to solicit information from one another. This includes written questions, relevant documents, and testimony taken under oath from healthcare providers, nurses, hospital staff, and other relevant witnesses.
Many cases go through mediation to avoid going to trial. Mediation allows both sides to discuss the claims with a neutral mediator present and try to reach a settlement agreement. If a resolution cannot be reached, your case can go to trial, and medical professionals explain the issues to the judge and jury. After hearing the evidence, a judge or jury determines if negligence occurred and how much of a damage award should be granted.
Medical professionals usually play a critical role in medical malpractice claims. Their testimony can establish whether your healthcare provider breached the standard of care and caused your injuries.
Medical malpractice claims demand significant investigation, detailed analysis of medical records, and knowledge of Florida’s unique medical malpractice laws. When you hire a medical malpractice lawyer, you benefit from an advocate who can gather crucial evidence before it is lost, identify liable parties, and help you navigate the complexities of the litigation process.
Medical malpractice claims often involve many defendants, including hospitals, physicians, nurses, and other healthcare practitioners. Your medical malpractice lawyer can speak with these professionals and present your case to court.
Medical malpractice claims in Orlando are typically filed in the Orange County Courthouse. The Orange County Courthouse is located at 425 North Orange Avenue, Orlando, FL 32801. The courthouse serves residents from all over Orange County, including Downtown Orlando, Winter Park, Lake Nona, College Park, and other Central Florida cities.
A: Yes, you can still file a medical malpractice claim even if you signed a consent form. Signing a consent form usually means that you were made aware of and accepted the known risks of undergoing a particular procedure. However, signing a consent form does not relieve a doctor from providing negligent care. If your doctor breached the accepted standard of care and caused your injury, you may still have a valid medical malpractice claim.
A: Generally speaking, acts that are within the scope of known medical risks that occurred, and your doctor performed their duties as they should have, are not considered medical malpractice. Despite a doctor’s finest efforts, some conditions get worse even with proper treatment. There are also certain risks associated with some treatments that cannot be avoided no matter how careful the physician is.
A: Yes. You can generally obtain copies of your medical records from your hospital, physician, and other health care providers. Records may include physician notes, laboratory findings, diagnostic tests such as X-rays and MRIs, medication records, operative reports, and discharge summaries. It is often very helpful to review your medical records to determine whether a preventable error occurred.
A: Informed consent means that your physician should explain the benefits, risks, alternatives, and potential complications of any procedure or treatment before you undergo the treatment. A physician should give you enough information so that you can make an informed decision about whether or not to accept the proposed treatment.
If your physician does not obtain informed consent under the appropriate circumstances, it can possibly support a claim of medical malpractice.
A: Yes. Some medical malpractice cases involve more than one doctor or healthcare facility. Doctors, surgeons, nurses, anesthesiologists, hospitals, outpatient surgery centers, and physician groups can all be involved in the care of a patient. When more than one healthcare provider injures a patient, they may be jointly liable for damages based on the specific facts of the case.
When individuals see a medical professional, they expect to be in safe hands. Unfortunately, some professionals deviate from this standard of care, and it results in injury to a patient. If you suffered medical malpractice, Spangenberg Shibley & Liber can help you advocate for compensation. Contact us today to schedule a consultation.
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