Orlando, Florida, is home to several nationally ranked health care facilities, including AdventHealth Orlando, the Orlando Regional Medical Center, and the Arnold Palmer Hospital for Children. Unfortunately, medical errors can occur at even the best clinics and hospitals.
When doctors, nurses, and other providers make mistakes, patients suffer. If you or a loved one sustained an injury due to negligent medical treatment, an Orlando medical malpractice lawyer with Chalik & Chalik Injury Lawyers could help you seek justice.
The losses caused by your malpractice injury should not come out of your pocket. Our attorneys can pursue compensation on your behalf so you do not have to worry about how your legal issues and monetary damages will negatively affect your family and finances.
Types of Medical Malpractice Damages Our Attorneys Can Pursue
When you seek care from a medical provider, you trust their professional expertise. You expect them to offer you the best possible treatment executed to the best of their ability. When health care providers and facilities violate that trust, they should be accountable.
You have already suffered a physical injury and the stress and turmoil that comes with it. You should not suffer further due to medical bills, lost wages, and other expenses resulting from medical malpractice. Our Orlando medical malpractice attorneys will work tirelessly to pursue compensation for you and your family. Awards may include:
- Doctor bills
- Hospital fees
- Diagnostic testing
- Medical procedures
- Prescription drugs and medical equipment
- Physical therapy and rehabilitation
- Long-term nursing care
- Lost income, benefits, and earnings
- Loss of future earning potential
- Household services
- Non-economic awards for your physical pain, mental and emotional suffering, and reduced quality of life
- Punitive damages if your provider acted with intentional negligence or gross misconduct
- Economic and non-economic wrongful death awards if your loved one sustained a fatal malpractice injury, including loss of consortium and parental guidance
We have a track record of securing large settlements for our clients. Our results include several successful malpractice cases, including a $200,000 award for a client who sustained an injury during back surgery. In addition, our lawyers can review your unique case and discuss the potential value of your malpractice claim.
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Near Me (407) 420-9838
Examples of Medical Malpractice
According to the National Practitioner Data Bank (NPDB), insurers made more than 1,000 medical malpractice payments on behalf of doctors, nurses, dentists, and other licensed health care providers in Florida in 2021. Negligent actions that may result in injury and medical malpractice claims include:
- Prescribing or administering the wrong medication or wrong dose
- Performing surgery on the wrong patient or wrong site
- Failing to diagnose or treat an illness or injury
- Incorrect diagnoses
- Errors involving anesthesia
- Failure to order laboratory testing or follow up with a patient about their test results
- Failing to remove sponges or other foreign objects during surgery
- Failing to obtain and review a patient’s medical history
- Discharging a patient too early
- Failing to diagnose and respond to medical complications, such as infections or adverse drug events (ADEs)
Chalik & Chalik Medical Malpractice Lawyer Near Me (407) 420-9838
Establishing Medical Malpractice Occurred
Medical malpractice occurs when a health care provider or facility fails to treat patients according to the standard of care. Florida Statutes § 766.102 defines the standard of care as the “level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”
To establish malpractice, victims must prove four elements:
- The provider or facility owed you a duty of care (i.e., you had an established provider/patient relationship)
- The provider breached the duty of care
- The breach of duty caused your injury
- Your injury led to financial losses and pain and suffering
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Legal Requirements for Malpractice Cases in Florida
Before filing a medical malpractice case in Florida’s civil court, you must notify the health care provider of your intent to sue. The provider has 90 days to respond. After that, they can either offer to settle (kicking off a negotiation process) or refuse. During this 90-day window, the statute of limitation is tolled.
If the provider notifies you they do not want to settle, you have 60 days or until the statute of limitations expires (whichever is longer) to pursue a medical malpractice lawsuit. In general, you have two years from the time of injury to file your case, according to Florida Statutes § 95.11(4)(b). However, you have up to four years if there is a viable reason you did not discover your injury.
According to Florida Statutes § 766.203, you must submit an affidavit of merit with your notice of intent. This is a sworn statement from a medical expert corroborating your claim that negligence caused your injury.
For a free legal consultation with a Chalik & Chalik lawyer serving Orlando, call (407) 420-9838
Our Medical Malpractice Attorneys Will Handle Your Case from Start to Finish
Building a malpractice case is complex. Proving medical negligence involves gathering evidence, consulting with experts, and applying Florida statutes and case law. This can be overwhelming for someone unfamiliar with insurance claims and the legal system.
Fortunately, you do not have to tackle this alone while also dealing with your injury. Our malpractice attorneys will focus on your case so you can focus on your health. We will:
- Consult with medical professionals and other case experts
- Gather evidence, including witness testimony, provider records, and proof of your financial losses
- File all necessary case paperwork and track and adhere to deadlines
- Communicate and negotiate with insurance agents and opposing lawyers
- Aggressively seek the maximum settlement available for your injury
- Represent you at trial if necessary
Contact Our Medical Malpractice Law Firm Today for a Free Case Consultation
Chalik & Chalik Injury Lawyers is a community-based, family-owned firm. Founders Jason and Debi Chalik work on every case personally, so you will never feel like just a case number. We strive to give every client our individual attention and an excellent overall experience.
Our Orlando medical malpractice lawyers take cases on contingency, so our services will not add to your financial concerns. You have everything to gain by working with our team. Call today for a free no-obligation consultation. Someone is available 24/7 to answer your questions and review your case.
Call or text Chalik & Chalik (407) 420-9838