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Frequently Asked Questions About Medical Malpractice

When you go to a doctor, you trust that they will treat you with medical expertise and act responsibly. The doctor-patient relationship is a sacred one, but sometimes it is taken advantage of, as a doctor malpractice lawyer in Orlando, FL knows all too well. 

Here our law firm answers some commonly asked questions about medical malpractice to help you discover next steps when it comes to filing a claim. 

What exactly is medical malpractice?

Medical malpractice is defined as a medical professional straying from the standard of care relative to their experience, as a medical malpractice lawyer in Orlando can explain. What this means is that a doctor of the same experience in the same field, i.e orthopedics, will act and treat a patient with the same level of care as another doctor with equivalent experience on the opposite side of the country.

Who can I bring charges against?

Anyone who was involved in your incident can be held accountable. This includes any doctors, nurses, hospital staff, and even the hospital itself.

What are some examples of medical malpractice?

Medical malpractice is often used as an umbrella term for anything that constituents a lapse in doctor-patient care. Here are some examples:

  • Surgical Errors
  • Failure to diagnose
  • Failure to recognize obvious symptoms
  • Birth defects
  • Medication errors, i.e prescribing medication that has known to be expired
  • Poor aftercare treatment, including premature discharge
  • Disregarding patient’s medical history
  • Using faulty or recalled medical equipment
  • Anesthesia errors

These are just a few examples of medical malpractice, and with this being said, if you feel that you are a victim to something that is not on this list, do not hesitate to contact a doctor malpractice lawyer in Orlando, FL for a consultation. 

Can I file a medical malpractice suit if I am not happy with my treatment results?

No, you cannot. Unhappiness with results does not mean that any negligence happened. This is because every treatment comes with assumed risks that the end result will not be perfect. In medical malpractice cases, there is a fine line between human error and gross negligence, and if a doctor has given you what is called “informed consent” prior to the procedure, you cannot file a malpractice claim.

What is informed consent?

Informed consent is when a doctor lists out all of the possible risks and alternatives to completing a surgery. This will be given in the form of a legal document before the procedure, and the patient will have to sign showing agreement before the procedure can start. If this is not given or properly explained, this can be grounds for a malpractice suit. 

What kind of damages can I win?

Depending on your case, you can be eligible for compensation for any pain and suffering you experienced, coverage for medical and insurance bills, and payment for any lost wages that may have occurred when you’re healing. In addition, if the case can prove the doctor acted with willful negligence, their medical license can be taken away. 

Working with an experienced doctor malpractice lawyer in Orlando, FL is pivotal if you are a victim of medical malpractice. A doctor malpractice lawyer in Orlando, FL from Needle & Ellenberg, P.A. can help compile evidence and work as your legal advocate to get the justice you deserve. Call our law firm today to set up a consultation, and we’ll start the process!

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Ketteline Fleurizard
194 days ago
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I am writing to share my heartfelt review and gratitude for the exceptional service I received from Needle & Ellenberg Prior to coming to this office, I had been rejected by another law firm who did not take the time to listen to my case. However, this Law firm was different; both lawyers actually invited us to the office and truly took the time to listen to our story. Throughout the entire process, Mr. Ellenberg has been nothing but great to us. Cheryl, his assistant, was very warm and welcoming through this difficult moment. She was always professional and readily available. This firm has fought hard to ensure we were compensated, and their efforts have truly changed our lives forever. Turning a bad situation into a better outlook. I highly commend Mr. Ellenberg for his extensive knowledge and expertise in the malpractice field. I would definitely recommend Needle & Ellenberg to anyone seeking dedicated and professional legal representation.
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Kerry Parker
199 days ago
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Andrew Ellenberg represented my family during one of the most painful and frightening chapters of our lives. After my husband and our three-year-old son were involved in a horrific accident, we found ourselves overwhelmed, vulnerable, and unsure of how to move forward. From the very beginning, Andrew approached our case with the utmost professionalism, expertise, and precision; but what truly set him apart was the compassion and care he showed our family. Andrew never treated us like just another case. He understood that behind the legal process was a family going through unimaginable fear and uncertainty. He took the time to explain every step, answer every question, and guide us with patience and clarity when we needed it most. His knowledge and skill were evident in every decision he made, and his dedication to protecting my husband and son gave us confidence during a time when everything else felt uncertain. Despite the worst of circumstances, Andrew worked tirelessly and skillfully to achieve the best possible outcome for our family. His strategic thinking, attention to detail, and unwavering advocacy made an immeasurable difference, and we always felt that he was fighting for us with everything he had. More than a lawyer, Andrew became a steady source of support. During our most vulnerable moments, he was not only legal counsel but also a trusted guide and a genuine comfort. His kindness, integrity, and unwavering commitment to our family helped carry us through an incredibly difficult time. We will never forget the care, dedication, and determination Andrew brought to our case. My family is forever grateful for his advocacy, his humanity, and the peace of mind he gave us during the worst time in our lives. If you are looking for an attorney who combines exceptional legal expertise with true compassion, Andrew Ellenberg is simply extraordinary.
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Julie Dreams
213 days ago
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If you ever feel like you are in a dark place, and you feel that something wrong happened with your love one and need help to correct it and feel that they were treated unfairly and missed informed. I would 1000 percent recommend this firm!! They helped me with my father after a horrible life event happened to him and I’m forever grateful for them !! They guided me and answered all my questions and concerns! They are amazing and I’m blessed that they helped my family!!
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Laurie Scott
226 days ago
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I appreciated how Andrew Needle explained not just the legal concepts, but also whether a case would realistically be worth pursuing. He was thorough and the depth of his experience really came through.
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