Top Medical Malpractice Lawyers in Orlando

How a medical malpractice case works in Orlando

Medical malpractice means a healthcare provider failed to give the level of care a reasonably careful provider would have given, and that failure hurt you. In Florida, you cannot simply file a lawsuit. Chapter 766 of the Florida Statutes requires a pre-suit investigation first: your lawyer must have the case reviewed by a qualified medical expert who signs a sworn opinion that there is a reasonable basis to believe malpractice occurred. You then serve a notice of intent on the providers, which starts a 90-day pre-suit screening period during which both sides investigate and the defense can settle, reject, or admit. Only after that period can a lawsuit be filed, usually in the Ninth Judicial Circuit, which covers Orange and Osceola counties.

Florida's filing deadline, and why it is unforgiving

You generally have two years from the date you knew or reasonably should have known about the injury to bring a claim. There is also an outer limit, called a statute of repose, of four years from the date of the malpractice, with narrow exceptions for fraud or for children. Florida's old caps on pain-and-suffering damages were struck down by the state Supreme Court, so noneconomic damages are no longer limited the way they once were. Because the deadlines and the pre-suit expert requirement are strict, waiting to call a lawyer is the most common way good cases are lost.

When you need an Orlando medical malpractice lawyer

• A surgery, medication, or delivery went wrong and no one will give you a straight answer.
• A diagnosis was missed or delayed, like a cancer or heart attack, and your condition got worse.
• A loved one died and you suspect a hospital or physician error played a part.
• A newborn suffered an injury during labor and delivery.
• You received a bill or settlement offer and need to know whether it is fair before signing.

What a Orlando medical malpractice lawyer costs

Orlando medical malpractice lawyers work on contingency, so there is no hourly bill and no upfront retainer. The firm advances the often-substantial costs of medical experts and records, and is repaid from any recovery. Florida law sets a sliding contingency-fee scale in malpractice cases, and your written fee agreement must spell out the percentage. If there is no recovery, you typically owe no attorney fee, which is why these firms screen cases carefully before taking them.