Medical Malpractice Attorney Orlando, FL

Professional Assistance for Victims of Medical Malpractice

Every day, we put our trust in doctors and other medical professionals to help us get better. We expect them to have our best interests at heart and provide us with the care we need. However, sometimes doctors make mistakes, and it can lead to tragic consequences when they do. If you or someone you love has been the victim of medical malpractice, it is crucial to speak with our Orlando, FL medical malpractice attorney, who can help you seek justice. 

David & Philpot, P.L. are medical malpractice attorneys that have helped many people just like you get the medical treatment they deserve. Our medical malpractice lawyers will review your case and help negotiate the best settlement to compensate for your injury or loss.

Understanding Medical Negligence

Medical negligence is the failure to provide a standard of care that results in injury or death to a patient. This might be a doctor who negligently prescribes the wrong medication or a nurse who doesn’t properly monitor a patient’s condition. Medical negligence leads to harm; patients have the right to file a claim against the negligent party. If you’ve been injured because of medical negligence, it’s essential to speak with an Orlando medical malpractice attorney soon as possible.

Since medical malpractice incidents can occur anywhere, medical professionals need to be aware of the risks and take proactive steps to avoid medical malpractice. Medical negligence is a common cause of medical malpractice lawsuits.

How Our Medical Malpractice Lawyer Can Help You

When a doctor makes a mistake, you can suffer injuries and losses that impact your life for years. The best way to protect yourself is by hiring a medical malpractice attorney in your area. These attorneys have the experience and knowledge to help you get what you deserve from the situation so that you can move on with your life.

Medical malpractice cases are complex and require extensive knowledge of the law and medical procedures. David & Philpot, P.L., located in Orlando, FL, is committed to helping victims who have suffered injuries due to negligent care by a doctor or hospital. We will fight for your rights and recover the damages that you deserve for your pain and suffering caused by another’s mistake.

You may be entitled to financial compensation for your injuries if another party’s carelessness or neglect caused them—and we want to help! We are committed to helping our clients obtain justice against those responsible for their pain and suffering so they can focus on recovering from their injuries instead of worrying about legal matters. Our dedicated Orlando medical malpractice attorney will work tirelessly with compassion and integrity until we achieve the best outcome for each client we represent—we promise!

What to Do After Suffering from Medical Malpractice

While victims can receive the compensation they are entitled to with assistance from a professional, there are several vital steps that victims must take to secure a favorable outcome.

Put Your Health First

When a doctor makes a mistake, the repercussions can be devastating for a victim. It’s essential to prioritize your health by seeking treatment from an alternative medical professional. You will need treatment to ensure proper diagnosis and that your new doctor rectifies any damage. While it may be difficult to trust another medical professional after all that has occurred, it’s imperative for your recovery. 

Request Medical Records

Medical records will play an essential role for several reasons. Whether the victim experienced a misdiagnosis or a surgical error was made, our Orlando, FL medical malpractice attorney will share that medical records can support the claim in several ways:

• Ensuring that your new doctor has the necessary information to treat the condition or correct the mistake properly
• It helps your lawyer to gain insight into the case and the best way to move forward
• It plays an integral role in proving the presence of medical malpractice
• Assists medical malpractice expert witnesses who will be examining the medical intricacies of the claim
• Offers critical evidence in determining negligence to support the legal claim

Although it’s illegal for medical professionals to change medical records after the fact, victims should request all medical records before officially filing a legal claim for malpractice to prevent such a complication. 

Keep Timeframes In Mind

Although victims may want to entirely focus on their recovery and put off the business of seeking compensation for another day, timing is crucial. Victims of malpractice have a specific timeframe to seek recourse, known as the statute of limitations. The statute of limitations is the plaintiff’s length of time to file a claim against the responsible party. Typically the clock starts ticking when the injury occurred or after discovering the injuries. In Florida, the statute of limitations for medical malpractice is two years. This is a relatively short time frame, and victims should take the time to gather evidence and seek guidance from a lawyer as quickly as possible before the statute of limitations expires. 

Common Types of Medical Errors

Unfortunately, not everyone who walks into a doctor’s office or hospital comes out feeling better. Doctors and other medical professionals can make mistakes that cause injuries to their patients. Here are the most common types of medical errors.

• Surgical Errors

Surgery is sometimes necessary to treat certain illnesses and injuries. However, surgery can be very dangerous if surgeons and other medical staff don’t take proper precautions. Common types of surgical errors include leaving objects inside a patient’s body, operating on the wrong patient, and operating on the wrong site.

• Medication Errors

Medications can treat a wide range of health conditions and can help people live longer. However, if medication isn’t prescribed correctly, patients can suffer serious injuries. For example, if a doctor prescribes the wrong dose or doesn’t ask a patient about his or her medical history, the consequences can be severe.

• Misdiagnosis

Misdiagnosis accounts for a large percentage of medical malpractice cases. If a doctor diagnoses a patient with the wrong condition, the patient may suffer serious consequences. The actual illness will continue to progress and may not respond to treatment later on. Doctors can avoid giving the wrong diagnosis by ordering more tests and spending more time with patients.

• Anesthesia Errors

Anesthesia is needed for certain surgical procedures to ensure the patient’s comfort. However, as a medical malpractice attorney in Orlando, FL, can confirm, if anesthesia is administered incorrectly, the patient can suffer brain damage or even death. Common anesthesia errors include administering too much or too little anesthesia, keeping a patient under anesthesia for too long, and failing to recognize anesthesia complications.

• Infection

Believe it or not, patients can suffer infections in doctors’ offices and hospitals. If medical providers don’t properly sterilize their tools or fail to wash their hands thoroughly, patients may develop life-threatening infections. 

• Early Discharge from the Hospital

Unfortunately, some patients are discharged from the hospital before they’re ready. When this happens, patients are more likely to suffer serious complications.

• Birth Injuries

If proper procedures aren’t followed during the labor and delivery process, newborns are more likely to suffer serious injuries. Common types of birth injuries include brachial plexus injuries, cerebral palsy, facial nerve palsy, and perinatal asphyxia. These injuries are more likely to occur if doctors fail to respond to fetal distress, miscommunicate with other medical staff, and use forceps incorrectly.

Orlando Medical Malpractice Infographic

Orlando Medical Malpractice Statistics

According to Johns Hopkins’s recent study, medical errors are the third-leading cause of death in the U.S. “The combined award total for medical malpractice claims was $299.46 million. This figure accounts for 988 medical malpractice claims, with 486 payments in the range of $250,000 to $599,000. Of 1,642 medical license reports, 1,430 accounts for some adverse action against a physician, including medical malpractice lawsuits. These lawsuits accounted for 90% of actions against a physician’s license.”

Orlando Medical Malpractice FAQs

What Is Medical Malpractice Law?

If you’ve been injured due to a doctor’s negligence, you may be wondering if you have a case. Medical malpractice law is complex, and it can be challenging to know whether you have a valid claim. 

Medical malpractice law is a set of laws that provide protection to healthcare providers from being sued for mistakes or negligence. Doctors, nurses, and other medical professionals have been granted specific protections under the law. For a claim to be filed against a doctor, expert testimony must prove that their mistake caused injury or death. Medical malpractice insurance protects medical practitioners from being sued, so they can continue practicing without fear of legal action.

These laws define what constitutes negligence in various situations that can arise during a doctor’s work with their patient. It also establishes guidelines for reporting this negligence to the appropriate authorities so that they can be investigated accordingly.

What Forms of Compensation are Available in a Medical Malpractice Lawsuit?

In a medical malpractice lawsuit, there are three main forms of compensation that a victim might be rewarded: economic, non-economic, and punitive damages. 

Economic damages are the first form of compensation and refer to damages that are easier to calculate. These damages often carry an exact or calculable dollar amount based on objective numbers. Examples might include:

• Current and future medical expenses
• Out-of-pocket expenses
• Physical therapy costs
• Lost wages (for example, if the medical malpractice case makes you unable to work)
• Funeral costs when the case leads to wrongful death

Non-economic damages are harder to calculate as they’re influenced by factors such as how the medical malpractice incident impacts the victim’s overall quality of life. Other examples might include:

• Pain and suffering 
• Temporary or permanent disfigurement
• Emotional distress (including the development of disorders like PTSD)
• Reduced earning power 
• Loss of sexual functions or sexual drive
• Difficulty maintaining meaningful relationships 

There are also punitive damages, however, punitive damages can be rare. While economic and non-economic damages seek to make a victim “whole”, the purpose of punitive damages is to punish the other party and possibly deter actions from similar parties. 

Punitive damages are often awarded when the other party knowingly exhibited extreme negligence—sometimes with malicious intent. In the case of a medical malpractice lawsuit, it can be hard to prove that a physician or healthcare provider exhibited malicious intent for their negligence. However, an example might be a healthcare provider—such as a hospital—knowingly using outdated equipment in order to save money. 

Should I Accept a Settlement?

Most medical malpractice lawsuits don’t make it to court simply because it takes a lot of time and money from both parties. To avoid spending so much time and money, it’s not uncommon for a healthcare provider or insurance company to offer a victim a settlement. However, the first initial settlement offers can often be low. 

The insurance companies generally bet on the victim not knowing what a reasonable offer is or even knowing what expenses are covered under a medical malpractice lawsuit. Even when an initial settlement sounds promising, you’ll still want to consult with your attorney. Your attorney will help you determine what a more realistic settlement is. Your lawyer can also negotiate with the insurance company and apply legal pressure when needed. 

How Long Does it Take to Settle a Medical Malpractice Lawsuit?

On average, a medical malpractice lawsuit takes about two to three years to settle. However, this depends upon several factors such as the severity of the injuries and the other party’s willingness to negotiate. A case that does end up going to trial may take four years or more. Lastly, for cases that feature $2 million or more in compensation, a timeline of 5 to 15 years isn’t unheard of either. 

Contact Our Orlando Medical Malpractice Attorney Today

Medical malpractice cases require an attorney with experience in this area of practice because they are complicated to represent. The defendant will likely have a team of lawyers by their side. Victims will be left to face litigious proceedings, manage insurance companies, and deal with endless amounts of paperwork. Working with an attorney can assist victims in gaining insight into each step of the process. They will also have the resources to ensure the legal claim receives the best outcome possible. Victims will need time to focus on their recovery and any subsequent treatment required to correct the medical mistakes made by negligent medical providers. An attorney can provide guidance and experience while also alleviating the pressure of legal action. 

When a patient seeks medical treatment from a professional, they expect to receive care that assists with managing and treating their symptoms. After all, doctors receive extensive training to ensure they provide their patients with adequate treatment. Unfortunately, medical professionals can make mistakes, many of which can result in physical damage and even death. One of the best ways for a victim of malpractice to recoup their losses is by taking legal action against the responsible party. Our Orlando medical malpractice attorney, from David & Philpot, P.L., is standing by to provide the guidance and legal support victims require when holding negligent medical professionals responsible.

People are often hesitant to hire an Orlando medical malpractice attorney. Still, it is crucial that you have an experienced and qualified attorney on your side when it comes to medical malpractice cases. David & Philpot, P.L. has years of experience fighting for the rights of victims of medical malpractice and can help ensure that you get the compensation you deserve. Don’t hesitate to contact us today for a free consultation. We’re here to help.

David & Philpot, P.L. is a reputable law firm that specializes in medical malpractice cases. If you or a loved one has suffered an injury due to a doctor’s negligence, it is important to seek legal counsel right away. David & Philpot, P.L. has the experience and expertise necessary to get you the compensation you deserve.

No one ever expects to be a victim of medical malpractice, but the unfortunate reality is that it happens all too often. If you have been injured as the result of a mistake or negligence on the part of your doctor or another medical professional, you need to speak with a medical malpractice attorney as soon as possible. An experienced legal representative can review your case and help you file a lawsuit against the responsible party. Don’t wait – contact an attorney today and get started on securing the justice and compensation you deserve.