Orlando Medical Malpractice Attorney

If you have been injured due to the negligence of a doctor or other medical professional, you need an experienced Orlando medical malpractice attorney on your side. At LaBovick Law Group we have years of experience fighting for the rights of injured patients and we know how to win. Contact us today for a free consultation and let us start working on getting you the compensation you deserve.

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If you think you've been the victim of medical malpractice in Orlando, don't hesitate - get the legal counsel you need and contact a medical negligence lawyer now.

Understanding the basics of medical malpractice claims in Orlando: What you need to know

Medical malpractice refers to the professional negligence of a healthcare provider that results in harm to a patient. When this happens, patients may be able to file a claim to seek compensation for their damages.

To understand the basics of medical malpractice claims, it is important to know the following:

Negligence: Medical malpractice claims are based on the principle of negligence, which means that a healthcare provider failed to provide the standard of care that a reasonable and prudent one would have provided under similar circumstances.
Damages: The patient must have suffered damages as a result of the healthcare provider’s negligence. These damages can include physical injuries, emotional distress, lost wages, and medical expenses.
Statute of Limitations: In the state of Florida patients have two years from the date of the alleged incident to file their lawsuit. This means that a patient must file their claim within two years of the date or they will lose the right to do so.
Expert Witness: In most medical malpractice cases, an expert witness is required to testify on the patient’s behalf. This is typically a healthcare professional with expertise in the same field as the healthcare provider who is being accused of malpractice.
Evidence: To prove a medical malpractice claim, a patient must have evidence to support their claim. This can include medical records, witness statements, and expert testimony.
Settlements and Trials: Most medical malpractice claims are settled out of court, but some may go to trial. This decision is made after evaluating the strength of the evidence and the potential damages.

How to prove medical malpractice: A step-by-step guide

If you believe you have been a victim of medical malpractice, it is important to take the necessary steps to prove your case and seek the compensation you deserve. Here is a step-by-step guide on how to prove medical malpractice:

Consult with a specialized Orlando medical malpractice attorney: They can help you understand the legal process and procedures, evaluate the strength of your case, and advise you on the best course of action.
Gather evidence: This includes your medical records, witness statements, and expert testimony. Your medical records are crucial in proving a medical malpractice claim as they provide a detailed account of your medical history and the treatment you received.
Establish a breach of the standard of care: To prove medical malpractice, you must show that the healthcare provider failed to provide the standard of care that a reasonable and prudent healthcare provider would have provided under similar circumstances. This is typically done through expert testimony.
Prove causation: You must show that the healthcare provider’s breach of the standard of care caused your injuries or damages.
Prove damages: You must show that you suffered damages as a result of the healthcare provider’s negligence, such as physical injuries, emotional distress, lost wages, and medical expenses.
File a claim: Once you have gathered all the necessary evidence and established the elements of your case, you can file a medical malpractice claim.
Negotiate a settlement or go to trial: Most medical malpractice claims are settled out of court, but some may go to trial. This decision is made after evaluating the strength of the evidence and the potential damages.

As you can note, proving medical malpractice can be a complex and time-consuming process. It’s essential to consult an experienced Orlando malpractice lawyer who can guide you through each step of the way.

The importance of thorough record-keeping and documentation in a medical malpractice case

Record-keeping and documentation are critical in any medical malpractice case. They provide the evidence necessary to prove the patient’s case and to establish the elements of negligence, causation, and damages.

Medical records are the primary source of evidence in a medical malpractice case. They provide a detailed account of the patient’s medical history, including any symptoms, diagnosis, treatment, and outcomes. They also provide information on the healthcare provider’s actions and decisions.

Medical records can be used to establish that a healthcare provider failed to provide the standard of care or to refute any defenses that the healthcare provider or their insurance company may raise. For example, if the healthcare provider argues that the patient’s injuries were pre-existing or the result of another cause, the medical records can be used to show otherwise.

Other forms of documentation can also be important in a medical malpractice case. These include witness statements, photographs, and other forms of physical evidence. They can provide additional information about the patient’s condition, the healthcare provider’s actions, and the patient’s damages.

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Understanding the different parties that may be held liable in an Orlando medical malpractice case

If you believe you have been a victim of medical malpractice, several parties may be held liable for the harm caused to you. These include:

Healthcare providers: This includes doctors, nurses, and other medical professionals who provided direct care to you. They may be held liable for any harm caused by their negligence.
Hospitals: They may be held liable for the actions of the healthcare providers who worked within their facility. This includes doctors, nurses, and other medical staff who are employed by the hospital or who have privileges to practice at the hospital.
Medical groups: They can be responsible for the actions of the healthcare providers who are members of the group. These groups may include clinics, private practices, and other types of medical facilities.
Medical device and pharmaceutical manufacturers: They can be liable for any harm caused by their products, such as if a device or medication was found to be defective or if the manufacturer failed to provide adequate warning of potential risks.
Insurance companies: They will be liable for the actions of the healthcare providers they insure, such as if the company failed to provide coverage for a medical treatment that was needed.

The role of the medical board in investigating medical malpractice complaints

The medical board is a government agency that is responsible for regulating the practice of medicine and enforcing medical standards. One of its main responsibilities is to investigate complaints of medical malpractice.

When a complaint of medical malpractice is filed, the medical board will typically investigate to determine if there is any evidence to support the claim. This investigation may include reviewing the patient’s medical records, interviewing the healthcare provider and any witnesses, and obtaining expert opinions.

If the medical board finds evidence of medical malpractice, it can take several actions to discipline the healthcare provider. This can include issuing a warning, revoking or suspending the healthcare provider’s license, or requiring them to take additional training or education.

You have to note that the medical board’s primary focus is on protecting the public and enforcing medical standards, not on compensating the patient for any harm they may have suffered. Therefore, it’s essential to consult a skillful Orlando medical malpractice attorney who can help you navigate the legal process and seek justice for you.

The different types of damages available in a medical malpractice claim

In a medical malpractice claim, damages refer to the monetary compensation that a patient may be entitled to receive as a result of the healthcare provider’s negligence.

Several types of damages may be available in a medical malpractice claim, including:

Economic damages: These are damages that have a specific dollar value and can be quantified, such as medical expenses, lost wages, and loss of earning capacity.
Non-economic damages: These are damages that do not have a specific dollar value and are more subjective, such as pain and suffering, emotional distress, and loss of enjoyment of life.
Punitive damages: These are damages that are intended to punish the healthcare provider for particularly egregious behavior and to deter similar conduct in the future. They are typically awarded in cases where the healthcare provider’s actions were particularly reckless or intentional.
Wrongful death damages: If the medical malpractice results in the death of the patient, the surviving family members may be able to file a wrongful death claim. This type of claim can include damages for the loss of the patient’s companionship, emotional distress, and loss of financial support.

How to find the right Orlando medical malpractice lawyer for you

Finding the right malpractice lawyer can be a daunting task, but it’s important to take the time to find an attorney who has the experience and qualifications to effectively represent you in your case.

Here are some steps to help you find the right Orlando medical malpractice lawyer for you:

Look for an attorney who specializes in medical malpractice law. This type of law is complex and specialized, and your lawyer needs to have experience handling similar cases.
Check for your Orlando medical malpractice lawyer´s qualifications and experience. Look for an attorney who has been practicing for several years and has a proven track record of success.
Search for an attorney who is familiar with the court system in Orlando and the state of Florida. Knowledge of the local court system can be an advantage in navigating the legal process.
Seek a qualified malpractice lawyer who is willing to take your case to trial. Some medical malpractice cases can be settled out of court, but it’s important to have an attorney who is prepared to go to trial if necessary.
Schedule a consultation with the attorney. This will allow you to ask questions and get a sense of the lawyers’ communication style and level of commitment to your case.
Check the Orlando medical malpractice attorney’s references and read reviews. This can give you a sense of how other clients have felt about their experience working with the attorney.
Consider their fee structure. Medical malpractice cases can be expensive, so it’s important to understand the attorney’s fee structure and any other costs associated with the case.

Why you should contact our Orlando medical malpractice attorneys to fight for you?

At LaBovick Law Group, we understand the emotional and financial burden that medical malpractice can cause. That’s why we are dedicated to fighting for the rights of our clients and helping them recover the compensation they deserve.

Our team of highly skilled Orlando medical malpractice attorneys and legal staff has the expertise and experience to navigate the complex legal process and achieve the best possible outcome for your case.

At LaBovick Law Group, we believe that every case is unique and requires personalized attention. We take the time to understand the specific circumstances of your case and provide ongoing support and guidance throughout the legal process. Trust us to give you the individualized attention and care you deserve.

Everyone should have access to top-quality legal representation, regardless of their financial situation. That’s why we work on a contingency fee basis. This means that we only get paid if we win or settle your case. Our fee is a percentage of the amount recovered for you.

Let’s work together to fight for your rights and get you the compensation you deserve. Contact us today to schedule a free consultation.

FAQ
about Orlando Medical Malpractice Attorney

Can you sue for malpractice in Orlando?

Yes, you can sue for malpractice in Orlando. To do so, you must be able to prove that the medical care provider breached their duty of care, negligence, or reckless behavior led to your injury or illness and that this resulted in damages.

Is suing a doctor hard in Orlando?

Yes, suing a doctor can be hard. Medical malpractice cases require extensive research, documentation, and investigation to prove the medical professional’s negligence caused harm or injury to you. You will need a skilled attorney who is familiar with complex medical malpractice rules and regulations to build your case.

What counts as medical negligence in Orlando?

Medical negligence can take many forms including:

Failure to diagnose an illness
Misdiagnosis of an illness/condition
Improper treatment or medication
Failure to obtain informed consent
Failure to follow the standard of care

Which doctor is sued most often in Orlando?

A recent study by the US National Library of Medicine showed that surgeons are one of the leading specialties sued for medical malpractice in Florida. Other frequent defendants include obstetricians, family practice doctors, and emergency room physicians.

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