Our Orlando, FL hospital negligence lawyer is acutely aware of tactics used by insurance companies to contest hospital negligence claims. We are prepared to use our legal experience to defend you to the best of our ability. Through a diligent determination to protect your legal rights, it is our ambition to get you compensation you deserve. Because there is a statute of limitations to file a hospital negligence claim, it’s important you take action as soon as possible. To speak with a hospital negligence lawyer Orlando, Fl trusts, please contact Needle & Ellenberg, P.A. today.

Understanding Hospital Negligence Claims

The concept of hospital negligence is rather broad and encompasses nearly every type of careless act or error that could be made by a healthcare practitioner. Laws vary from state-to-state and often use medical terminology, which is why it’s important to specifically turn to a hospital negligence lawyer Orlando, Fl can provide rather than a general practice lawyer. Claims are not limited to a doctor’s error, but can also include the mistakes of a surgeon, dentist, pharmacist, obstetrician, optometrist, and any other healthcare professional.

Not every medical error, complication, or adverse reaction can be considered negligence. As a hospital negligence lawyer Orlando, Fl relies on, Needle & Ellenberg, P.A., has the resources and knowledge to determine whether or not your injury was the result of medical error. If indeed this holds true, a claim seeking monetary damages may be filed. Some examples of hospital negligence might include misdiagnosis, surgical errors, birth injuries, medication errors, pharmacy errors, postoperative infections, anesthesia errors, treatment delays, and more.

Hospital Negligence

The term hospital negligence refers to a scenario where a hospital is considered negligent because of the care, or lack of care, that the institution and/or its employees provided a patient.

When someone is negligent, it means they are guilty or characterized by neglect. To neglect something is to be remiss in the care or treatment of someone or something.

Understanding if Doctors are Hospital Employees

Your Orlando hospital negligence lawyer may tell you that the answer to this question is essential to your case. If the doctor and other care providers who were negligent aren’t employees of the hospital, you might not be able to sue the hospital for medical negligence.

Doctors are often considered independent contractors rather than employees. A hospital negligence lawyer Orlando FL residents depend on may investigate whether your doctor is an employee of the hospital or is an independent contractor.

Hospitals Are Responsible for Employees

If the doctor or other care provider is an employee of the hospital, the hospital may be held liable for that employee’s actions. Generally, medical technicians, nurses, and other support staff are employees while doctors may not be. A hospital negligence lawyer Orlando FL has to offer may tell you that if the hospital employee was doing a job-related task when they caused your injury, you might sue the hospital for damages.

If the doctor isn’t an employee of the hospital, then it’s more likely that the hospital can’t be sued but the doctor can. If an employee of the hospital is medically negligent while under the supervision of the doctor, the doctor might also be sued in this case. Working under a doctor means that the doctor was in the room or that the doctor could have prevented the negligence. All of this can get tricky, which is why it may be in your best interest to find a hospital negligence lawyer in Orlando FL to help with your case.

When You May Be Able to Sue a Hospital for a Non-Employee’s Actions

There are some cases in which you may be able to sue a hospital for an independent contractor’s actions if they caused your injury. These cases can be complex, but if you work with a hospital negligence lawyer Orlando FL can provide, they may be able to build this case for you.

It appeared that the doctor was an employee of the hospital. If it’s not clear that the doctor is an independent contractor, you may be able to hold the hospital responsible for the doctor’s actions. Patients are usually informed in the admission papers on the doctor’s employee status.

The hospital doesn’t fire a dangerous or incompetent doctor. The hospital is responsible for firing both employees and independent contractors if they become dangerous or incompetent. If a hospital fails to do this, they may be held liable for the doctor’s actions even when the doctor is an independent contractor.

Florida’s Hospital Negligence Laws Demystified

As our Orlando, Fl hospital negligence lawyer explains, within the intricate web of legal frameworks in Florida, the provisions related to hospital negligence stand out as both highly critical and somewhat complex. It’s essential for patients, and their families, to understand the nuances of these laws when pursuing claims for harm suffered due to hospital errors or omissions.

Understanding Hospital Negligence

Hospital negligence is a subset of medical malpractice law, specific to mistakes and oversight by hospitals and their staff. While doctors and nurses are the most visible representatives of a hospital’s care, negligence can emanate from any corner, including administrative errors, improper maintenance of equipment, or inadequate training.

Florida law requires hospitals to provide a certain standard of care to their patients. This standard is typically determined by what a reasonably competent hospital would have done under similar circumstances. If a hospital fails to meet this standard and a patient is harmed as a result, the hospital could be held liable.

Unique Features of Florida’s Legal Landscape

One feature distinguishing Florida from other states is its complex pre-suit screening process. Before a patient can file a lawsuit against a hospital, they must notify the hospital of their intent to do so. During this period, both sides are expected to gather evidence and consider whether the case can be settled without going to court. It’s a step designed to prevent frivolous lawsuits and ensure only valid cases proceed.

Moreover, Florida imposes a statute of limitations on hospital negligence claims. Generally, patients have two years from the time they discovered (or should have discovered) the injury to bring a lawsuit. However, there are exceptions and nuances to this timeline, making it imperative to consult with an Orlando hospital negligence lawyer promptly after suspecting negligence.

Compensation And Damage Caps

While victims of hospital negligence can seek compensation for a variety of damages, including medical bills, lost wages, and pain and suffering, Florida has instituted caps on non-economic damages in medical malpractice cases. The caps are meant to strike a balance between ensuring victims are compensated and preventing runaway jury awards that could destabilize the medical system. However, these caps have been a point of contention and subject to judicial review, making the landscape ever-evolving.

That said, cases with exceptionally egregious negligence or intentional misconduct might see these caps lifted, allowing for full compensation. Therefore, having an experienced lawyer who is intimately familiar with the nuances of the law is paramount.

Five Signs it Is Time to Call a Medical Malpractice Lawyer

A hospital negligence lawyer Orlando, Fl clients trust knows that people rely on their medical providers to take care of them when they are sick. We trust them to heal us. However, sometimes medical providers harm patients. Medical malpractice is a term explaining a situation when medical professionals cannot meet the standard of care for medical practice and the result is a patient that is harmed.

• Misdiagnosis

A misdiagnosis is when a medical provider fails to assign the correct diagnosis to your injury or illness and they would not have done so if they had adequate skill or took appropriate action. If the misdiagnosis results in a worsening injury or illness of the patient that would have been avoided if the diagnosis was correct, then a patient may be able to file a claim for damages. It is difficult to prove that the if the medical professional had provided an accurate diagnosis that you would have had a better outcome than the one that actually happened, however, a hospital negligence lawyer Orlando, Fl residents recommend may be able to help.

• Unrelated Injury

If you receive an injury from treatment unrelated to the original reason you sought medical care, then you may be entitled to sue for damages. A hospital negligence lawyer in Orlando, Fl can evaluate your case and determine what type of negligence occurred. A few examples of this situation include operations or removals of the wrong organ or appendage or suffering an injury under anesthesia unrelated to the medical procedure for which the anesthesia was administered for.

• No Informed Consent
  

A doctor must inform their patient of any risks associated with treatment or a procedure before administering either, if you are aware and accept these risks, that is called informed consent. If you are not aware or do not understand the risks linked to the medical happenings, then you cannot make an informed decision about whether to go through with it or not. If a doctor does not inform you of a possible risk that later manifests, then a hospital negligence lawyer Orlando, Fl families turn to may be able to hold the doctor liable for damages on your behalf.

• Medical Negligence
  

Medical negligence commonly occurs in situations where a treatment or procedure is recommended that is inappropriate for the injury or illness; or when the treatment or procedure is performed and fails to meet the standard of care. When an injury results, a patient may consider recovering damages.

• Negligent Nursing
  

A hospital negligence lawyer Orlando, Fl locals recommend know that, in some cases, the medical care provider is not the one who causes injuries, sometimes it is due to the negligence of the nursing staff that cares for the patient before and after a treatment or procedure. It can occur if medication is administered improperly, or the dosage of the medication is incorrect. It can even happen through a failure to pay close attention to the needs of a patient in recovery.

Even if a procedure was performed perfectly, any care before and after could result in an injury.

Orlando Hospital Negligence Infographic

Orlando Hospital Negligence Statistics

According to multiple studies, medical mistakes may be responsible for approximately 250,000 deaths in the United States each year. These rates are significantly higher in the U.S. than in other developed countries, including Australia, Canada, Germany, New Zealand, and the United Kingdom.

If you or a loved one has suffered a medical injury due to a mistake or negligence made by a medical professional, you may be entitled to financial compensation for the losses your injuries have caused. Contact our office to speak to a hospital negligence lawyer for legal assistance.

Additionally, according to Hopkins Medicine via Forbes Advisor, medical errors cause 251,000 deaths each year. Medical errors account for 9.5% of all deaths in the U.S. each year, making medical malpractice a leading cause of death. Medical malpractice is the third most common cause of death in the United States.

Orlando Hospital Negligence FAQs

When seeking medical care at a hospital, patients are placing their trust in their providers offers a higher standard of care. However, mistakes do happen, and hospital negligence can lead to serious injuries, worsened conditions, and additional stress for patients and their families. When these situations arise, understanding legal options becomes essential. If you’ve been impacted by hospital negligence, knowing how the statute of limitations may affect your case is critical. Let’s cover a few key questions about the timelines and rules surrounding medical malpractice claims, so you feel more prepared. Working with an Orlando, FL hospital negligence lawyer can help you evaluate your options clearly and effectively.

What Is The Statute Of Limitations For Medical Malpractice?

The statute of limitations for medical malpractice sets a timeframe in which a patient or their family can legally file a claim. In Florida, this period is typically two years from the date the malpractice incident occurred or from when the injury was discovered (or reasonably should have been discovered). It’s designed to encourage timely action while keeping both patients and providers accountable. While this general timeline applies to most cases, there are specific conditions and exceptions that could adjust this period.

How Long Do I Have To File A Medical Malpractice Claim?

The time available to file a malpractice claim generally starts from the date of the injury or when it is discovered. In some cases, the effects of hospital negligence aren’t immediately apparent. However, it’s important to act within the two-year window whenever possible. If you wait longer than two years after the injury date, you may lose the opportunity to file. Having clear documentation and acting quickly with professional guidance can help you meet this deadline and strengthen your case.

Are There Exceptions To The Statute Of Limitations For Medical Malpractice Cases?

Yes, there are certain exceptions in Florida’s laws that may allow for more time. For instance, if the medical professional involved deliberately tried to conceal the negligence, known as “fraudulent concealment,” it can extend the filing deadline. There is also a special rule for minors that provides additional time for those under eight years old. However, Florida has a strict statute of repose that generally prevents any claims from being filed more than four years after the incident, even in these cases.

What Happens If I Miss The Deadline For Filing A Medical Malpractice Claim?

Our Orlando hospital negligence lawyer shares that missing the filing deadline can significantly impact your case, as it may prevent you from pursuing any legal action. The courts are strict on statute limitations, and if the filing date is passed, most claims are dismissed without review. Although there are limited exceptions, they’re difficult to obtain and require specific circumstances. To avoid missing crucial deadlines, engaging with legal counsel early on is beneficial.

How Does The Statute Of Limitations Affect My Medical Malpractice Case?

The statute of limitations directly affects whether your case can proceed in court. If you’re within the time frame, you have the opportunity to bring your case to court and potentially receive compensation. On the other hand, if the deadline passes, there is little chance of recovery through legal action. That’s why understanding and acting within these legal timelines is essential to protecting your rights.

Needle & Ellenberg, P.A., Orlando Hospital Negligence Lawyer

618 E South St, Orlando, FL 32801