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Medical Malpractice Serving Families Throughout Orlando

Orlando Medical Malpractice Lawyers

Helping Victims of Medical Negligence in Orlando

Were you injured by a nurse, doctor, hospital, or healthcare provider? Or was your loved one injured? If you believe that the accident was a result of the carelessness of the party or parties involved, we can represent you and help you fight for the damages you deserve.

In a medical malpractice claim, you could be entitled to the following:

  • Lost wages
  • Medical bills
  • Emotional pain and suffering

You may be wondering “How do I know if I have a claim for medical malpractice?" You can file a claim if the medical community caused you injury or if it caused the death of a loved one. The general rule of thumb: You have a claim if a healthcare provider failed to act in a way that others with similar training would have and you experienced physical or emotional harm as a result.

Get started on your medical malpractice claim today by calling (888) 979-4941 for a free consultation.

Understanding the Complexity of Medical Malpractice in Orlando

Because medical and insurance interests have sponsored legislation to impair an individual's ability to hold doctors and hospitals accountable for their mistakes, medical malpractice cases can be extremely complex.

What Are Non-Economic Damages?

While there is a limit on the "non-economic" damages you can receive such as:

  • Pain and suffering
  • Mental anguish

Economic Damages in Medical Malpractice

There is no limit to the "economic" damages you can receive such as:

  • Medical bills
  • Lost wages
  • Lost future earnings

Florida imposes different limitations for damages against "non-practitioners" versus "practitioners," so these cases can seem quite confusing to the untrained mind. Our Orlando medical malpractice lawyers are dedicated to handling these legal complexities for you.

What Damages Can You Claim in Orlando?

  • For non-economic damages: For practitioners, non-economic damages shall not exceed $500,000 per plaintiff and the total non-economic damages from all practitioners shall not exceed $1,000,000. For non-practitioners: non-economic damages shall not exceed $750,000 per plaintiff and the total non-economic damages from all non-practitioners shall not exceed $1,500,000.
  • Severe non-economic harm and catastrophic injury damages: For practitioners, the non-economic damages recoverable shall not exceed $1,000,000. For non-practitioners, the non-economic damages recoverable shall not exceed $1,500,000.
  • Emergency services and care negligence damages: For practitioners, non-economic damages shall not exceed $150,000. The total non-economic damages recoverable by all practitioners shall not exceed $300,000. For non-practitioners, non-economic damages shall not exceed $750,000. The total economic damages recoverable shall not exceed $1,500,000.
  • Negligent services and care to a Medicaid recipient damages: Non-economic damages cannot exceed $300,000. Each practitioner is not liable for more than $200,000. These damage caps do not apply, however, if it can be proved that the practitioner acted wrongfully.
  • Death or permanent vegetative state damages: For practitioners, damages can exceed $1 million (thanks to a March 2014 Florida Supreme Court decision). For non-practitioners, total non-economic damages cannot exceed $1,500,000.

Call (888) 979-4941 for a free case review with our Orlando medical malpractice attorney.

What Is the Statute of Limitations on Medical Malpractice in Orlando?

It is important that you file a claim within two years of discovering that the incident happened and no later than four years after the accident occurred, otherwise your claim will be dismissed. If the doctor or hospital hid the mistake from the patient, the timeline is extended two more years, but no more than seven years from when the accident occurred.

To ensure that your best interests are protected and that you have the best fighting chance at the justice and compensation you deserve, we urge you to retain experienced legal representation as soon as possible. Our Orlando medical malpractice attorneys can call upon the necessary experts who can testify on your behalf against any doctors or hospitals that caused you harm.

Have Questions? GET ANSWERS

  • What types of damages can I claim?

    In all cases, there are two general categories of damages – economic damages and non-economic damages. You can be compensated for both past and future economic and non-economic damages.

    Economic damages are things such as wage loss, mileage expense to go to doctor appointments, prescription costs, co-pays on insurance, over-the-counter medications, diminution in value to your car, etc. The other category is non-economic damages, which may include things such as pain and suffering, loss of enjoyment of life, emotional distress, etc.

    The non-economic damages are often greater than the economic damages if the injuries are significant enough. Consult with an attorney for a full explanation of these types of damages.

  • Are there deadlines for filing claims?

    Yes. Under Florida law, there are very specific, detailed deadlines to file claims. If you do not meet these deadlines, you may be forever barred from bringing your claim forward.

    These time restrictions are known as statutes of limitations, and they vary depending on the type of claim you are bringing. It is critical that you consult with an attorney as soon as possible after your incident so you can receive good legal advice on the time limits for filing a personal injury claim.

  • How can I recover lost wages?

    Wage loss is paid out under your Personal Injury Protection benefit, which happens to be mandatory coverage for auto insurance in the State of Florida. There are exceptions, such as when you elected to have your wage loss reimbursement excluded on your Personal Injury Protection (PIP) benefit when you obtained your policy.

    Normally, people who have their wage loss benefits excluded are those who are not employed for some reason or another. You can also elect to have a standard PIP (which covers wage loss at 60%) or extended PIP (which covers wage loss at 80%).

    You will need to provide proof of income in the form of a paycheck stub, income tax return, or some other verifiable means. The remaining percentage of your wage loss not covered by your PIP insurance will become part of your claim against the defendant driver.

    When cases do not involve PIP coverage, the wage loss becomes part of the demand to the at-fault party. In most cases, proof of lost income is rather simple if the injured person receives a paycheck. For our clients who are self-employed, we work very closely with them to help them assemble the necessary documentation to prove the wage loss claim. Tax returns can be helpful in instances where clients are self-employed.

  • How can I recover my out-of-pocket expenses?

    Out-of-pocket expenses are always made part of your claim and are part of your economic damages that we seek to recover from the at-fault party. When your claim is presented to the at-fault party, we include your out-of-pocket expenses as part of the demand package.

    If your case does not settle in what we call the "pre-suit phase," then your case will proceed to court where we will ask a jury for your out-of-pocket expenses as part of your economic damages on the verdict form.

  • Will my insurance premiums increase if I report an accident to my insurance company?

    Your insurance premiums should not go up if you are not at fault for the accident. It will be part of your insurance record, but if you are not at fault, your premiums should not increase.

    In most situations, your own insurance company will go after the insurance company that insures the at-fault party to recover the costs it may have paid to you for things such as car repairs or additional medical expenses.