Medical Malpractice Lawyer Orlando, FL

Our Orlando, FL medical malpractice lawyer is committed to providing our clients with the highest level of legal representation. Our firm is built on the foundation of integrity, compassion, and a relentless pursuit of justice. We recognize the trust our clients place in us during their most challenging times, and we strive to honor that trust by advocating fiercely for their rights. With over 50 years of combined experience, our team is here to help you seek the compensation you deserve. Contact Needle & Ellenberg, P.A. today to schedule your free case evaluation.

Compensation For Medical Malpractice Victims

Medical malpractice refers to a situation where a healthcare professional fails to provide the standard of care that is expected in their field, leading to harm, injury, or death of a patient. This can include errors in diagnosis, treatment, aftercare, or health management.

To be considered malpractice, the care must deviate from accepted medical standards, and the negligence must result in significant damage or harm to the patient. Examples include surgical mistakes, birth injuries, incorrect medication prescriptions, and failure to diagnose a serious health condition timely.

When it comes to medical malpractice, the aftermath can be as complex as the cases themselves, especially around the topic of compensation. Types of compensation typically fall under one of three categories:

• Economic Damages: This is the stuff that’s easier to put a number on, like medical bills (past and future), lost wages, and any other out-of-pocket expenses you’ve had to bear due to the malpractice. We dig deep to ensure every penny is accounted for.
• Non-Economic Damages: These are trickier to quantify. Pain and suffering, loss of enjoyment of life, and emotional distress fall under this umbrella. We listen to your story, understand how your life has been turned upside down, and advocate for a compensation that respects your experience.
• Punitive Damages: Though less common, punitive damages are sometimes awarded to punish the healthcare provider for particularly reckless or egregious conduct. While not every case qualifies for punitive damages, we’re always on the lookout for the possibility.

In Orlando, finding a medical malpractice lawyer isn’t hard, but finding one that truly gets it? That’s where we come in. At Needle & Ellenberg, P.A., we blend professionalism with a personal touch.

We understand the emotional and physical toll medical malpractice can take, and we’re committed to making the compensation process as smooth and stress-free as possible. Our track record speaks for itself, but it’s our dedication to each client’s well-being that sets us apart.

The Statute Of Limitations For Medical Malpractice Lawsuits

When it comes to medical malpractice, time isn’t just a healer; it’s a critical factor in seeking justice. If there’s one piece of advice we can’t stress enough, it’s to keep an eye on the clock.

The statute of limitations is the deadline for filing a lawsuit. Think of it as a timer that starts ticking the moment the alleged malpractice occurs or, in some cases, when you first became aware of the harm. Miss this deadline, and you might be waving goodbye to your right to seek compensation. It’s a harsh reality, but it’s the law’s way of ensuring fairness – both for the injured party and the healthcare provider.

In Florida, the statute of limitations is generally a 2-year window from the time the incident occurred or from when the injury was (or should have been) discovered. But there’s also a 4-year “statute of repose,” which means you can’t file a lawsuit more than 4 years after the fact, no matter when you discovered the injury, with very limited exceptions.

Exceptions To The Rule

• Fraud, Concealment, or Misrepresentation: If the healthcare provider intentionally hid their mistake, the clock might not start until you discover the deceit.
• Minors: The rules bend a bit for children, offering a bit more leeway, but it’s still a complex landscape that requires expert navigation.

Elements Of Proving Negligence

In personal injury law, proving negligence is the cornerstone upon which cases are built and adjudicated.

The Standard Of Care

The concept of the standard of care refers to the level and type of care that a reasonably competent and skilled healthcare professional, with a similar background and in a similar medical community, would have provided under the circumstances that led to the alleged malpractice.

Establishing what constitutes the standard of care in a specific situation is our initial step. This involves a comprehensive review of medical records, consultation with medical experts, and an in-depth understanding of the prevailing medical practices at the time of the incident.

Breach Of The Standard Of Care

Once the standard of care is established, our focus shifts to demonstrating a breach of this standard by the healthcare provider. This breach can occur in various forms, including errors in diagnosis, surgical mistakes, improper medication administration, or failure to obtain informed consent.

We will meticulously gather evidence to illustrate how the actions or inactions of the healthcare provider deviated from the expected standard of care. This often involves leveraging testimonies from medical experts who can attest to the discrepancies between the provider’s conduct and the established medical standards.

Causation

It is not enough to show that a healthcare provider breached the standard of care; we must also demonstrate that this breach directly caused injury or harm to the patient.

This step requires a detailed analysis of the patient’s medical history, the injuries sustained, and expert opinions to link the breach of standard care directly to the damages incurred. Establishing causation is often the most challenging part of a medical malpractice case, requiring sophisticated legal strategies and a thorough understanding of medical principles.

Damages

Identifying and quantifying the damages suffered by the patient as a result of medical malpractice is crucial for the resolution of the case. These damages can include medical expenses, lost wages, pain and suffering, and future care needs.

Our team at Needle & Ellenberg, P.A., works diligently to ensure that all damages are meticulously documented and that our clients receive the compensation they deserve for their losses. This involves a comprehensive assessment of both economic and non-economic damages, supported by expert testimony and evidence.

Common Examples Of Medical Malpractice

Medical malpractice occurs when a healthcare professional fails to provide the standard of care expected, leading to harm, injury, or wrongful death of a patient.

This negligence can manifest in numerous ways, each with its own complexities and nuances. Below, we will explore some of the most common types of medical malpractice lawsuits, highlighting our approach to navigating these challenging legal waters on behalf of our clients.

• Diagnostic Errors

Misdiagnosis and delayed diagnosis are among the most prevalent forms of medical malpractice. These errors can prevent patients from receiving timely and appropriate treatment, potentially leading to a deterioration of their health condition.

Our Orlando medical malpractice lawyer meticulously reviews medical records, consults with medical experts, and employs a detailed investigative process to prove negligence. Our goal is to demonstrate that a competent healthcare professional in a similar specialty, under similar circumstances, would not have made the same diagnostic error.

• Surgical Errors

Surgical mistakes can have devastating consequences for patients. These errors can range from operating on the wrong body part to leaving surgical instruments inside the patient’s body.

Our approach to these cases involves a thorough examination of surgical records, interviews with medical staff, and collaboration with surgical experts to establish a breach in the standard of care. Our surgical error lawyer is dedicated to holding negligent parties accountable and seeking the justice and compensation they are entitled to.

• Birth Injuries

Birth injuries can result from negligent prenatal care, errors during delivery, or both. These cases are particularly heartbreaking, as they affect the most vulnerable patients and can lead to lifelong disabilities.

At Needle & Ellenberg, P.A., we are committed to representing families affected by birth injuries. We work closely with obstetrical and pediatric experts to ascertain the cause of the injury and the extent of the negligence involved. Our objective is to secure the necessary compensation to cover medical expenses, ongoing care, and other damages, providing financial stability and support for the affected families.

• Medication Errors

Prescription mistakes, whether they involve dispensing the wrong medication or dosage, can lead to serious health complications.

Our team at Needle & Ellenberg, P.A. investigates these cases by examining prescription records, consulting pharmacological experts, and evaluating the protocols followed by healthcare providers. Demonstrating that a deviation from standard pharmacological practices occurred is crucial in these lawsuits. We strive to get our clients full and fair financial compensation for the harm caused by such negligence.

Orlando Medical Malpractice Infographic

Medical Malpractice Statistics

Medical malpractice is a leading cause of injury and death in the U.S., with an estimated 250,000 deaths annually due to medical errors, making it the third leading cause of death.

Around 85,000 medical malpractice lawsuits are filed each year, though only 15% of claims result in payouts. The average settlement is approximately $300,000, while jury awards can exceed millions for severe cases.

Diagnostic errors are the most common claim, accounting for 34% of cases, followed by surgical and treatment-related mistakes. Most cases are resolved through settlements rather than trials.

Medical Malpractice FAQs

Our Florida medical malpractice attorneys are here to take on the legal heavy lifting while you focus on recovery. Educating our clients is important to us. Read through some frequently asked questions about medical malpractice cases below to get a foundation of some essential information. Remember, you can always reach out to us to address more questions and concerns during a free consultation! 

What Can I Recover In A Medical Malpractice Lawsuit?

Plaintiffs may be able to recover both economic and non-economic damages. Economic damages cover tangible losses such as medical expenses (past and future), lost wages, and loss of earning capacity. Non-economic damages include compensation for pain and suffering, loss of enjoyment of life, and emotional distress. Florida law has undergone changes regarding caps on non-economic damages in medical malpractice cases, so consulting with our experienced medical malpractice attorneys is crucial to understand the current legal landscape and potential compensation.

Who Can Be Held Liable In A Medical Malpractice Case?

A range of healthcare providers can be held liable in a medical malpractice case. This includes individual practitioners like doctors, nurses, and therapists, as well as healthcare institutions like hospitals, clinics, and nursing homes. Liability is determined based on whether the provider failed to meet the standard of care expected in their professional community and whether this failure directly caused the patient’s harm. Establishing liability often requires comprehensive medical records review, expert testimony, and a detailed understanding of healthcare standards, which our skilled medical malpractice attorney can provide.

Do I Need A Lawyer To File A MalpracticeLawsuit?

While it’s technically possible to file a medical malpractice lawsuit on your own, the complexity of these cases makes it highly advisable to seek legal representation. Medical malpractice claims require a deep understanding of both legal and medical principles, as well as the ability to navigate Florida’s specific procedural requirements, such as pre-suit investigation and notice requirements.

Our Orlando medical malpractice lawyer will not only help you understand the merits of your case but also assemble the necessary evidence, handle negotiations, and advocate for your rights in court if necessary.

Orlando Medical Malpractice Glossary

At Needle & Ellenberg, P.A., we understand how overwhelming it can be to face the aftermath of medical malpractice. Our experienced Orlando medical malpractice lawyers are committed to helping our clients take the necessary steps toward recovery and justice. Below, we’ve outlined key terms often encountered in medical malpractice cases to provide clarity and guidance.

Standard Of Care

The standard of care refers to the level of treatment and expertise that a reasonably skilled healthcare professional in the same field would provide under similar circumstances. It establishes the baseline of what is acceptable and expected in medical practice. A deviation from this standard is often the foundation of a malpractice claim.

For instance, imagine a patient undergoing surgery for a routine procedure. If the surgeon fails to follow established protocols and the patient suffers harm as a result, the care provided may fall below the standard of care. Demonstrating this breach is critical in pursuing a medical malpractice case.

Informed Consent

Informed consent is a vital aspect of patient care. It involves a clear discussion between the healthcare provider and the patient, where the patient is educated about the risks, benefits, and alternatives to a proposed treatment or procedure. This communication allows the patient to make an informed decision about their care.

Consider a scenario where a patient undergoes a high-risk surgery without being informed of the potential complications. If complications arise and the patient was not properly advised beforehand, this lack of informed consent could be grounds for a medical malpractice claim.

Proximate Cause

Proximate cause is the legal concept used to establish a direct link between the healthcare provider’s breach of the standard of care and the harm suffered by the patient. Without this connection, it can be difficult to hold the provider accountable.

For example, if a physician misdiagnoses a condition and the delay in treatment results in severe health consequences, the misdiagnosis must be shown to be the proximate cause of the patient’s worsening condition. This step often requires thorough analysis and testimony from medical professionals.

Certificate Of Merit

A certificate of merit is a document required in many states, including Florida, to validate a medical malpractice claim. This document includes a statement from a qualified medical professional affirming that the claim has merit and is not frivolous.

Before moving forward with a malpractice lawsuit, we work with qualified medical professionals to review your case and prepare the necessary certificate of merit. This step ensures that the claim meets legal standards and allows us to focus on advocating for your rights.

Economic Damages

Economic damages encompass the tangible financial losses that result from medical malpractice. These may include past and future medical expenses, lost wages, and costs associated with ongoing care or rehabilitation.

For instance, a patient left unable to work due to a surgical error may require lifelong therapy. Economic damages provide the financial support necessary to cover these burdens and help the patient move forward.

At Needle & Ellenberg, P.A., we are here to guide you through the legal process with care and diligence. If you or a loved one has been harmed due to medical negligence in Orlando, Florida, contact us today to discuss your case. Together, we can take the steps necessary to seek the justice and compensation you deserve.

Contact Our Firm Today

Our team of dedicated medical malpractice attorneys is committed to providing compassionate and comprehensive legal representation to those affected by negligence. With a deep understanding of Florida’s medical malpractice laws and a relentless pursuit of justice, we work hard to make sure that our clients are not only heard but also compensated for their suffering.

Whether you’re dealing with the aftermath of a surgical error, a misdiagnosis, or any other form of medical negligence, Needle & Ellenberg, P.A. stands ready to support you through every step of your legal journey. Contact us today to get set up with your free consultation.

Client Review

“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