Medical Malpractice Lawyer Orlando, FL
Finding a competent medical malpractice lawyer Orlando FL can provide in the wake of a medical mistake can seem overwhelming. At our law firm, we know that it may seem difficult to take legal action immediately following a medical mistake. A financial settlement, however, may provide additional stability that fosters recovery. When medical malpractice victims need legal counsel from a trusted and local source, Needle & Ellenberg, P.A. is proud to be of assistance. We have won millions in financial settlements for our clients in the past, and we’re proud to continue providing a medical malpractice lawyer Orlando, FL residents depend on. Each medical malpractice case is unique. It may be important for a lawyer to have substantial experience in similar cases, but it can be just as important to provide compassion and attention to detail. At Needle & Ellenberg, P.A., our team is dedicated to providing this kind of support to our clients who are seeking counsel in medical malpractice claims.
Table Of Contents
Common Types of Medical Malpractice
Medical malpractice is a serious and often complex area of law, involving cases where patients suffer harm due to the negligence or errors of healthcare professionals. As experienced medical malpractice lawyers in Orlando, at Needle & Ellenberg, P.A., we have encountered a variety of malpractice cases, each with its unique challenges and implications. Here, we aim to provide a comprehensive overview of the common types of medical malpractice, highlighting the importance of legal expertise in these matters.
Misdiagnosis or Delayed Diagnosis
- Definition: Misdiagnosis occurs when a healthcare professional inaccurately determines a patient’s condition. Delayed diagnosis refers to the failure to diagnose a condition in a timely manner.
- Consequences: Both can lead to incorrect or delayed treatment, possibly worsening the patient’s condition or leading to new complications.
- Examples: Failing to diagnose cancer early, misinterpreting laboratory results, or overlooking symptoms of a heart attack.
- Types of Errors: Surgical errors can range from operating on the wrong body part to leaving surgical instruments inside the patient’s body.
- Impact: These errors can lead to severe complications, prolonged recovery, or additional surgeries.
- Preventative Measures: Proper preoperative planning and strict adherence to surgical protocols are essential to prevent these errors.
- Nature of Errors: Medication errors involve prescribing the wrong medication, incorrect dosage, or drugs that cause harmful interactions.
- Risk Factors: Such errors often result from miscommunication, poor handwriting, or inadequate patient history analysis.
- Precautionary Steps: Careful review of patient records and clear communication among healthcare providers are critical to avoid medication errors.
- Types of Injuries: Birth injuries can include fractures, nerve damage, or oxygen deprivation leading to conditions like cerebral palsy.
- Causes: These injuries often result from mishandling the baby during birth or failing to monitor fetal distress.
- Prevention: Proper monitoring and immediate response to complications during childbirth are vital to prevent birth injuries.
- Severity: Anesthesia errors can be particularly dangerous, potentially leading to brain damage, coma, or even death.
- Common Errors: These include administering too much anesthesia, failing to monitor vital signs, or not considering patient allergies.
- Safety Measures: Thorough pre-operative assessments and vigilant monitoring during surgery are essential to mitigate risks.
Failure to Treat
- Explanation: This occurs when a healthcare provider correctly diagnoses a condition but fails to prescribe appropriate treatment.
- Implications: Such negligence can lead to disease progression or additional health complications.
- Standard of Care: Adhering to established medical guidelines is crucial to ensure adequate treatment.
Understanding Your Rights
As medical malpractice lawyers in Orlando, at Needle & Ellenberg, P.A., we understand the complexities of medical malpractice cases. If you or a loved one has suffered due to medical negligence, it’s crucial to be aware of your rights and the legal avenues available to seek justice and compensation.
- Legal Expertise: Navigating the legal system can be daunting. Our team provides the expertise and guidance needed to build a strong case.
- Investigation: We conduct thorough investigations to gather evidence and expert opinions to support your claim.
- Representation: Our firm offers dedicated and compassionate representation, ensuring your voice is heard in court.
If you suspect that you’ve been a victim of medical malpractice, don’t hesitate to reach out to us. Our team at Needle & Ellenberg, P.A., is committed to helping you navigate the legal process and fight for the compensation you deserve. Remember, time is of the essence in these cases, so contact us today to discuss your situation and explore your legal options.
How Long Does It Take to Settle a Medical Malpractice Case?
All medical malpractice cases are different. Some may take several months to settle while others may take years. Generally, the more complicated your case is, the more time it will take to settle.
- Visit a different medical provider. Your health is of the utmost importance. Therefore, if you suspect your doctor’s mistake resulted in your injury, you should switch medical providers immediately. Your new doctor will attempt to undo the damage caused by the first doctor. He or she may have to perform an exam and conduct various tests to properly diagnose your injury.
- Request copies of your medical records. It is critical to obtain copies of the medical records from the first medical provider who treated you. These records will contain important information, such as the symptoms you were experiencing, tests performed, and medications prescribed, and may provide that your doctor committed medical malpractice.
- Hire a lawyer. Medical malpractice cases are some of the most complicated personal injury cases. As such, you don’t want to handle your case alone. It’s in your best interest to work with a skilled medical malpractice lawyer in Orlando. He or she will help you gather the necessary evidence and locate expert witnesses who can testify on your behalf.
- Write in a journal. When you are a victim of medical malpractice, it is a wise idea to keep a journal. Describe the symptoms you experienced after the medical error and how it has affected your life thus far. For example, if your injury has made it difficult to walk on your own, write that down.
- Be cautious on social media. If you’ve been injured by a medical provider, you may want to vent your frustrations on social media. However, your medical malpractice lawyer in Orlando will advise you against doing this. The other side may look at your social media sites to find the information they can use against you.
After you’ve been injured by a healthcare professional, retaining a medical malpractice lawyer in Orlando from Needle & Ellenberg, P.A. who is trusted by this community is very important. If you believe malpractice has occurred, there is no time to waste. These types of personal injury claims have statutes of limitations to file a claim. If you miss this deadline, your case could be dismissed by the court. For an immediate consultation with a medical malpractice lawyer, call our law office now.
We know that nearly 250,000 people die from medical errors every year, according to Johns Hopkins University. Other studies estimate it could be as high as 440,000. This does account for the hundreds of thousands of people who suffer injury from an avoidable medical mistake.
Our firm strongly believes that the safety and well-being of every American should come first. When negligent medical care happens, and leads to harm, permanent injury, or death, patients and consumers deserve full access to a legal system that serves their benefits and needs. Our medical malpractice lawyers are ready to give victims legal advocacy and guidance when they need it most. For an immediate consultation with a lawyer, call Law Offices of Needle & Ellenberg, P.A.
Statute of Limitations for Medical Malpractice Claims
If you want to file a medical malpractice claim, you may want to do it sooner than later. You only have a certain amount of time to file a lawsuit. Once that deadline has passed, you can no longer pursue compensation. In Florida, the statute of limitations to file a medical malpractice lawsuit is two years. Set up a consultation with an Orlando medical malpractice lawyer as soon as possible so that you don’t miss your chance to recover compensation.
How To Prove Your Medical Malpractice Claim
At Needle & Ellenberg, P.A., we understand that medical malpractice cases are inherently complex and distinct from other types of personal injury claims, such as car accidents or workplace injuries. While some individuals might opt to pursue compensation independently in these scenarios, the intricacies of a medical malpractice claim necessitate a different approach. This is especially true in Orlando, where the expertise of a specialized medical malpractice lawyer like us is not just advisable, but essential in navigating these challenging legal waters.
The Unique Challenge of Medical Malpractice Claims
Unlike cases involving car crashes or slip-and-fall accidents, where establishing liability may be more straightforward, medical malpractice claims demand a higher level of proof. At Needle & Ellenberg, P.A., with our extensive experience in medical malpractice cases, we understand these nuances intimately.
Comparison with Other Personal Injury Claims
- Car Accidents: In these scenarios, proving liability often hinges on demonstrating that the at-fault party violated traffic laws, leading to the victim’s injuries.
- Slip-and-Fall Accidents: Here, liability can be established by showing negligence, such as the absence of a warning sign on a wet floor.
However, medical malpractice cases are more intricate due to the nature of healthcare services and the expectations placed on medical professionals.
The Burden of Proof in Medical Malpractice
Medical malpractice lawsuits require a substantial burden of proof, often necessitating in-depth research and expert medical testimony. Attempting to navigate these complexities without professional legal assistance is not only challenging but also potentially detrimental to the success of your case.
Essential Criteria for Proving Medical Malpractice
To establish a successful medical malpractice claim, five key criteria must be met:
- Duty to Patient: Establishing that the healthcare provider owed a duty of care to the patient.
- Breach of Duty: Demonstrating that the provider failed to adhere to the standards of care expected in the medical community.
- Injury: Providing evidence that the patient suffered an injury.
- Violation of Standards: Showing that the injury was a direct result of the provider’s deviation from accepted medical practices.
- Damage: Proving that the injury led to specific damages, such as pain, suffering, additional medical costs, or loss of income.
At Needle & Ellenberg, P.A., our expertise lies in meticulously building a case that meets these criteria. We understand the importance of not just knowing the law but also leveraging the right resources and expert testimonies to substantiate your claim.
Partnering with Needle & Ellenberg, P.A.
Navigating a medical malpractice lawsuit requires more than just legal knowledge; it demands specialized expertise in the medical legal landscape. At Needle & Ellenberg, P.A., we are equipped with the experience and resources to effectively handle the complexities of medical malpractice claims. From gathering crucial medical evidence to consulting with medical experts and strategizing against the defense’s tactics, we are committed to advocating for your rights and ensuring your voice is heard in the pursuit of justice and fair compensation.
Orlando Medical Malpractice Law Infographic
Medical Malpractice Law Statistics
According to the Florida Office of Insurance Regulation, in 2021 in Florida, there were 2,680 medical malpractice claims closed. 1,324 of these were inpatient hospital related.
At Needle & Ellenberg, P.A., we know that there are no do-overs for the birth of a child. It’s meant to be a magical experience – painful, challenging, and rewarding. However, incompetent medical staff can put a permanent stain on your memories of delivering your child. Hurting you and your child is unacceptable, and while no amount of money can give you that day back, it can give you valuable closure.
Reach out to Needle & Ellenberg, P.A. today, and see how a medical malpractice lawyer in Orlando, FL can help.
What kind of damages can a medical malpractice victim recover?
When faced with the unfortunate circumstance of medical malpractice, understanding the types of damages a victim can recover is crucial. At Needle & Ellenberg, P.A., as experienced medical malpractice lawyers in Orlando, we have guided countless clients through the complexities of these cases. Here, we aim to provide a comprehensive overview of the damages that a medical malpractice victim can potentially recover.
Types of Damages in Medical Malpractice Cases
Medical malpractice claims are not just about seeking justice; they’re also about recovering what victims have lost due to a healthcare professional’s negligence. The damages in these cases can be broadly categorized into economic, non-economic, and sometimes punitive damages.
- Medical Expenses: This includes costs for both past and future medical care related to the injury. It covers hospital bills, prescription costs, rehabilitation expenses, and any other medical-related expenditures.
- Lost Wages and Earning Capacity: If the injury has resulted in time off work or has impacted the victim’s ability to earn a living in the future, these losses can be claimed.
- Other Financial Losses: Any other out-of-pocket expenses directly related to the injury can also be included.
- Pain and Suffering: This refers to the physical pain and emotional distress suffered by the victim due to the malpractice.
- Loss of Enjoyment of Life: If the injury has led to a decreased quality of life or an inability to participate in activities once enjoyed, compensation can be sought.
- Emotional Distress: The psychological impact, such as anxiety, depression, or stress, resulting from the malpractice is also compensable.
- Loss of Consortium: In cases where the victim’s relationships with their spouse or family are affected, compensation for loss of consortium may be awarded.
Punitive Damages: Although less common in medical malpractice cases, punitive damages may be awarded in cases of gross negligence or intentional misconduct. These are intended to punish the wrongdoer and deter similar conduct in the future.
If you or a loved one has been a victim of medical malpractice, it’s important to act promptly. Contact us at Needle & Ellenberg, P.A., and let our team of skilled medical malpractice lawyers in Orlando help you navigate your claim. We are committed to fighting for the compensation you deserve, addressing each aspect of your loss with the attention and expertise it warrants. Remember, in medical malpractice cases, time is of the essence, so reach out to us today to discuss your case and explore your options.
Orlando Medical Malpractice Law FAQs
Who Can Sue for Wrongful Death?
If your loved one has died, you may decide to sue the doctors who were treating her. Sometimes. that’s a reasonable course of action to take. The only problem? You’re her niece. Only immediate family members can bring wrongful death claims: spouses, children, and parents of the deceased.
Are Wrongful Death Payments Taxable or Garnishable?
Wrongful death payments are not considered income and, as such, are not taxable. However, they could be subject to garnishment, both for medical costs incurred while your loved one was still alive and for child support. A medical malpractice lawyer in Orlando from Needle & Ellenberg, P.A. can advise you on what garnishment may look like for you.
How Do You File a Wrongful Death Lawsuit?
The first thing to do is have an initial consultation with an attorney who is well-versed in wrongful death and medical malpractice cases. Your lawyer will draw up papers for you to sign, which they’ll take to the doctor’s insurance company to open negotiations on a settlement. Don’t worry, though. Your medical malpractice lawyer in Orlando won’t let you settle for less than you deserve.
Is Wrongful Death a Criminal Matter?
Wrongful death is generally a civil matter. Trials in civil court have one major benefit over criminal court proceedings: when it comes to the burden of proof. In a criminal trial, the jury must find the defendant guilty beyond a reasonable doubt. In civil cases, the jury finds the defendant liable by a preponderance of the evidence. If a juror is more than 50% sure that the death occurred because of medical malpractice, they cast their vote for liability.
What Does “Loss of Consortium” Mean?
You may have heard the term “loss of consortium” bandied about. It refers to the effect of the loss of one spouse on the other and includes things such as loss of companionship, loss of sex or loss of the ability to have children.
Can You Sue for a Wrongful Death in Hospice Care?
Patients are in hospice care because they’re dealing with a terminal illness. That being said, a hospice worker can do something that brought about your loved one’s death more quickly than if nature had run its course. Your medical malpractice lawyer in Orlando from Needle & Ellenberg, P.A. can help you file one of these claims.
What’s a “Survival Action”?
A survival action is a claim that goes along with wrongful deaths where your loved one didn’t die immediately from the injury that ultimately took his or her life. It allows you to collect economic damages such as medical bills and lost wages and non-economic damages including pain and suffering.
Needle & Ellenberg, P.A. Orlando Medical Malpractice Lawyer
Your Advocates In Medical Malpractice Cases
At Needle & Ellenberg, P.A., we understand the intricacies of Florida’s medical malpractice laws. We are committed to providing compassionate, professional, and effective representation to our clients. If you or a loved one has suffered due to medical negligence, we encourage you to contact us. Reach out today, and see what an Orlando medical malpractice lawyer from our office can do for you.
“Needle & Ellenberg, P.A., is the premier medical malpractice firm in Miami. Andrew Needle and Andrew Ellenberg are highly skilled, super intelligent, compassionate and caring attorneys who always have their clients’ best interests at heart. I give the firm my highest recommendation.” Pedro Polanco