When you place your trust in a medical professional, you expect competent and safe treatment. If a doctor’s mistake, misdiagnosis, or surgical error caused you harm, a medical malpractice attorney in Orlando with Matthew R. Boren, Attorney at Law can help you take legal action. Call today to schedule a free consultation and find out how we can hold negligent healthcare providers accountable.
What Qualifies as Medical Malpractice in Florida?
Under Florida Statutes § 766.102, medical malpractice occurs when a healthcare provider’s negligence leads to patient harm. To file a claim, the injured party must prove that the provider failed to act with the same level of care that another competent professional would have provided under similar circumstances. This applies to doctors, nurses, surgeons, anesthesiologists, and other medical professionals.
To succeed in a medical malpractice case, a claimant must demonstrate that the healthcare provider failed to meet the accepted standard of care. This standard is based on what a reasonably skilled medical professional would have done in the same situation. If a provider’s actions, or failure to act, result in injury, worsened health conditions, or unnecessary suffering, the victim may have grounds for legal action.
Common Types of Medical Malpractice Cases
Medical malpractice can take many forms, from surgical mistakes to misdiagnoses that delay life-saving treatment. Patients trust medical professionals with their health, but when preventable errors occur, the consequences can be severe. Below are some of the most frequent types of medical malpractice claims.
How Misdiagnosis Can Lead to Severe Complications
A misdiagnosis or delayed diagnosis can allow a condition to worsen before proper treatment begins. If a doctor fails to recognize the symptoms of a serious illness, the patient may suffer irreversible harm or even death. For example, a delayed cancer diagnosis can reduce treatment options and lower survival rates.
Doctors have a duty to conduct thorough examinations, order appropriate tests, and follow up with patients when symptoms suggest a serious condition. When they fail to do so, patients may experience avoidable complications, prolonged suffering, and unnecessary medical costs.
Surgical Errors and Anesthesia Mistakes
Surgeries come with inherent risks, but mistakes caused by negligence can lead to life-threatening complications. Errors such as operating on the wrong body part, leaving surgical instruments inside a patient, or making an improper incision can result in severe injuries.
Anesthesia errors are also a serious concern. Administering too much anesthesia can lead to brain damage or death, while too little can result in the patient waking up during surgery. Proper monitoring and adherence to safety protocols are essential to prevent devastating outcomes.
Medication Errors and Dangerous Drug Interactions
Medication errors occur when patients receive the wrong prescription, incorrect dosage, or a drug they are allergic to. These mistakes can lead to dangerous side effects, overdose, or harmful drug interactions.
Common causes of medication errors include misreading prescriptions, pharmacy misfills, or a failure to review a patient’s medical history. Hospitals, doctors, and pharmacists must ensure that medications are prescribed and administered correctly to avoid preventable harm.
Birth Injuries and Obstetric Malpractice
Negligent medical care during childbirth can result in permanent injuries to both the mother and baby. Birth injuries such as cerebral palsy, Erb’s palsy, and oxygen deprivation are often caused by improper use of forceps, failure to perform a timely C-section, or delayed response to fetal distress.
When doctors fail to monitor a pregnancy properly or make mistakes during delivery, the consequences can affect a child for a lifetime. Parents may be entitled to compensation to cover long-term medical care, therapy, and assistive devices for their child.
Proving Negligence in a Medical Malpractice Case
To recover compensation in a medical malpractice case, the victim must prove that the healthcare provider’s negligence directly caused harm. This involves establishing the following legal elements:
- Doctor-patient relationship – The provider owed a duty of care to the patient, meaning they were responsible for delivering competent medical treatment.
- Breach of duty – The provider’s actions deviated from accepted medical standards, resulting in improper or inadequate care.
- Causation – The negligence directly caused the patient’s injury or worsened condition, rather than an underlying illness or unavoidable complication.
- Damages – The patient suffered measurable losses, such as additional medical expenses, lost income, and pain and suffering, as a result of the malpractice.
Florida’s Statute of Limitations for Medical Malpractice Cases
Victims of medical malpractice in Florida generally have two years from the date they discovered or should have discovered the injury to file a claim. Under Florida Statutes § 95.11(5)(c), this time limit applies to cases where a healthcare provider’s negligence caused harm. Failing to file within this period can result in the case being dismissed, preventing victims from recovering compensation.
However, determining the exact date of discovery can be complicated, as some medical errors are not immediately obvious. If a patient realizes their injury months or even years after treatment, they may still have the right to file a claim as long as they can prove they could not have reasonably known about the harm earlier. However, under the statute, this time limit will expire four years after the incident. Because of these complexities, seeking legal guidance as soon as possible can help ensure that victims do not lose their right to compensation.
Exceptions to the Statute of Limitations
While the two-year deadline applies in most medical malpractice cases, certain exceptions allow victims extra time to file a claim. One key exception involves fraud or concealment by a healthcare provider. If a doctor or hospital intentionally hid an error or falsified records, the statute of limitations may be extended to up to seven years from the date of the incident.
Additional exceptions apply in cases involving minors or individuals with disabilities. If a child suffers a medical injury, the statute of limitations may be extended until their eighth birthday in certain circumstances. These exceptions recognize that victims who lack the ability to file a claim on their own should still have the opportunity to seek justice once they are legally able to do so.
Speak With an Orlando Medical Malpractice Lawyer Today
When medical professionals make mistakes, the consequences can be life-changing. If you suffered harm due to a misdiagnosis, surgical error, or another form of medical negligence, you have the right to seek justice. An Orlando medical malpractice attorney with Matthew R. Boren, Attorney at Law, is ready to review your case. Contact us today to learn more about your options and how we can help you pursue compensation.