Doctors are supposed to treat their patients according to the standard of care. However, some doctors may be negligent and cause serious harm to their patients. If a doctor has harmed you because of a serious medical error, you can count on an Orlando medical malpractice lawyer at Miller & Jacobs Accident Attorneys to fight for you.
Some of the Types of Medical Malpractice Claims Miller & Jacobs Accident Attorneys can Help With
- Misdiagnosis or Delayed Diagnosis: When a healthcare provider fails to correctly diagnose a condition or delays diagnosis, leading to worsened health outcomes or unnecessary suffering.
- Surgical Errors: Mistakes during surgery, such as operating on the wrong site, leaving instruments inside the patient, or causing unintended damage to organs or tissues.
- Medication Errors: Prescribing the wrong medication, incorrect dosage, or failing to account for harmful drug interactions or patient allergies.
- Birth Injuries: Negligence during childbirth that harms the mother or baby, such as failing to monitor fetal distress or mishandling delivery complications.
- Anesthesia Mistakes: Errors in administering anesthesia, including giving too much, too little, or failing to monitor the patient’s response, potentially leading to severe injury or death.
- Failure to Treat: Not providing appropriate treatment for a diagnosed condition, either by neglecting care or discharging a patient prematurely.
- Informed Consent Violations: Procedures performed without properly informing the patient of risks, benefits, or alternatives undermine their decision-making.
Our experienced Orlando personal injury attorneys are available now to discuss your case at no charge. Call (877) 848-5297 now.
Why Choose Us?
When a doctor injures you because of a medical mistake, you could be changed forever. That’s when you need a highly skilled medical malpractice lawyer working for you. Our Orlando medical malpractice attorneys at Miller & Jacobs Accident Attorneys have proudly served Florida clients for decades. We have obtained a strong reputation in Orlando and secured more than $90 million in compensation for our personal injury clients. Recent settlements include:
- $1.2 million – Car accident settlement
- $600,000 – Auto accident settlement
- $750,000 – Truck accident settlement
- $500,000 – Truck accident settlement
- $300,000 – Auto accident settlement
Our medical malpractice law office is conveniently located at 5401 South Kirkman Road, Orlando, Florida, near the Florida Turnpike and across from the Westgate Resorts Foundation. Contact us at (877) 848-5297 for a free legal consultation. We work on a contingency basis, meaning you pay nothing unless we win your case.
Orlando Medical Malpractice Injury Compensation
A skilled medical malpractice lawyer in Orlando may help you recover compensation for the following potential damages:
Economic Damages
This category covers the tangible financial losses a victim incurs due to medical malpractice. These damages include medical expenses, such as costs for additional treatments, surgeries, hospital stays, medications, and rehabilitation needed to address the harm caused by the negligence.
Economic damages also encompass lost income if the victim cannot work temporarily or permanently and loss of future earning capacity if the injury affects their long-term ability to earn a living. In Florida, these damages aim to reimburse the victim for out-of-pocket costs and quantifiable financial impacts directly tied to the malpractice.
Non-Economic Damages
Non-economic damages compensate for intangible, subjective losses that don’t have a direct monetary value but significantly affect the victim’s quality of life. These include pain and suffering, emotional distress, and mental anguish resulting from the injury or negligence.
For example, a patient who endures chronic pain from a surgical error or psychological trauma from a misdiagnosis might receive compensation under this category. In Florida, non-economic damages can be substantial. However, they are often subject to scrutiny and caps in some instances, reflecting the state’s efforts to balance victim compensation with legal limits.
A seasoned Orlando medical malpractice lawyer will consult with various subject matter experts to accurately estimate your economic and non-economic damages.
Factors that may influence the medical malpractice compensation you receive are:
Economic Impact
The financial toll of the malpractice plays a critical role in determining compensation. This includes current and future medical bills, such as costs for corrective surgeries, therapy, ongoing care, and lost income if the victim cannot work. For instance, a young professional unable to continue their career due to negligence might receive substantial compensation for loss of earning capacity, whereas a retiree with no income loss might see a minor economic award.
Degree of Negligence
The level of fault or recklessness by the healthcare provider influences both compensatory and punitive damages. A simple oversight might yield moderate compensation, but gross negligence, such as a surgeon operating while impaired, could increase the award, potentially including punitive damages to punish egregious behavior. In Florida, the defendant’s conduct must be evaluated to determine if it warrants additional penalties beyond standard compensation.
Patient’s Pre-Existing Conditions
Compensation might be adjusted if the patient had health issues before the malpractice occurred. For example, if a misdiagnosis worsens an existing illness rather than causing a new one, the award might be reduced to reflect only the additional harm caused by the negligence. Defendants often argue that pre-existing conditions contributed to the outcome, complicating damage calculations.
Age and Life Expectancy
The victim’s age can impact compensation, particularly for future damages. A younger patient facing decades of medical care or lost earnings might receive a larger award than an older patient with a shorter life expectancy. For instance, a child injured at birth due to malpractice could be compensated for a lifetime of care, significantly increasing the total amount compared to an elderly victim.
Quality of Legal Representation
The skill and experience of the Orlando medical malpractice attorney handling the case can directly affect the outcome. A seasoned medical malpractice lawyer, like those at Miller & Jacobs Accident Attorneys, may secure higher settlements by effectively proving liability, negotiating with insurers, or presenting compelling evidence of damages. Conversely, weak representation might result in lower or denied compensation.
Where Do Medical Malpractice Claims Happen In Orlando?
Almost any medical facility or doctor’s office could be involved in a medical malpractice claim in Orlando, such as:
- Orlando Health Orlando Regional Medical Center: A flagship hospital with 808 beds, offering advanced surgical, medical, rehabilitative, and emergency care, including Central Florida’s only Level 1 Trauma Center.
- AdventHealth Orlando: A nationally ranked facility with over 2,800 beds across its network, known for cardiology, cancer care, neurology, and pediatric services through AdventHealth for Children.
- Orlando Health Arnold Palmer Hospital for Children: Central Florida’s premier pediatric hospital, featuring a Level 1 Pediatric Trauma Center and specialized care for kids.
Types Of Orlando Medical Malpractice Claims
The most common types of medical malpractice claims in Orlando include:
Surgical Errors
With major hospitals like Orlando Health Orlando Regional Medical Center and AdventHealth Orlando performing thousands of surgeries annually, surgical mistakes are a frequent source of claims. These include wrong-site surgery, accidental damage to organs, or leaving foreign objects inside patients.
Misdiagnosis or Delayed Diagnosis
In a bustling medical hub like Orlando, with facilities handling diverse patient populations, misdiagnoses or delays in diagnosing conditions like cancer, heart disease, or infections are common claims. For instance, AdventHealth Orlando’s focus on cardiology and oncology suggests that errors in these high-stakes specialties could lead to lawsuits if conditions are missed or improperly assessed.
Birth Injuries
Orlando’s specialized maternity and pediatric hospitals, such as Orlando Health, Winnie Palmer Hospital for Women & Babies, and Arnold Palmer Hospital for Children, see a high volume of deliveries and neonatal care. Claims often arise from negligence during childbirth, such as failing to monitor fetal distress, mismanaging cesarean sections, or causing injuries like cerebral palsy due to oxygen deprivation, reflecting the city’s emphasis on family care.
Medication Errors
With large hospitals and emergency departments like UCF Lake Nona Hospital and Orlando Health Dr. P. Phillips Hospital serving diverse patients, mistakes in prescribing or administering medications are prevalent. These claims might involve incorrect dosages, failure to check for allergies, or harmful drug interactions, especially in busy ER settings where rapid decisions are made.
Anesthesia Mistakes
Given the advanced surgical capabilities in Orlando, including robotic surgery at UCF Lake Nona and extensive procedures at AdventHealth Orlando, anesthesia-related errors are a notable concern. Claims may stem from improper dosing (too much or too little), failure to monitor vital signs, or overlooking patient history, potentially leading to brain damage or death.
Common injuries in the aforementioned medical malpractice cases include:
- Misdiagnosis or delayed diagnosis, such as cancer, heart conditions
- Surgical errors, such as wrong-site surgery, leaving instruments inside the body
- Medication errors, such as wrong drug, incorrect dosage
- Birth injuries, such as cerebral palsy, brachial plexus injuries
- Anesthesia mistakes, such as overdose, improper administration
- Infections acquired in healthcare settings, such as infections after surgery
- Nerve damage from injections or surgeries
- Organ damage, including punctured organs during procedures
Fighting The Insurance Company
You or your loved one was injured by a medical mistake, and you want compensation. The doctor’s or medical facility’s medical malpractice insurance will cover your damages. However, the insurance company could make your life difficult at the worst time. Insurance companies are notorious for hassling injury victims. A skilled medical malpractice lawyer in Orlando can take on the insurance company and deal with the following:
Coverage Disputes
Insurance policies may have specific exclusions or limitations that lead to disagreements between the healthcare provider and the insurer. For example, the insurer might argue that the incident falls outside the policy's scope (e.g., intentional misconduct rather than negligence) or occurred outside the coverage period.
Policy Limits
Many malpractice insurance policies have payout caps. If a claim exceeds these limits, the provider may be personally liable for the difference, which can lead to financial strain or legal battles with the insurer.
Denial of Coverage
Insurers may deny a claim if they believe the provider failed to disclose relevant information when applying for the policy and violated policy terms, such as if the claim involves uninsurable acts like fraud.
Delays in Processing
Insurers might delay investigations or payouts, leaving providers and patients in limbo. This can stem from disputes over liability, incomplete documentation, or the insurer’s strategy to minimize payouts.
Defense Costs
Some policies include defense costs within the coverage limit (eroding limits), meaning legal fees reduce the amount available for settlements or judgments. Providers may face unexpected out-of-pocket expenses if costs exceed expectations.
Consent to Settle
Many policies require the insurer to get the provider’s consent before settling a claim. Disagreements can arise if the provider wants to fight the case in court (e.g., to protect their reputation), but the insurer prefers a cheaper settlement.
Subrogation Issues
If an insurer pays a claim, it may seek to recover the amount from another party. This can complicate resolution and prolong disputes.
An aggressive Orlando medical malpractice attorney will not tolerate the insurance company giving you the runaround.
What To Do After An Orlando Medical Malpractice Incident
Do you think you were injured by a doctor in Orlando? There are several critical steps to take:
- Assess the Situation: Determine if what happened meets the basic criteria for medical malpractice. This typically involves a healthcare provider’s negligence, such as failing to meet the standard of care, which directly causes you harm or injury.
- Gather Evidence: Collect any records or documentation you have—medical bills, test results, prescriptions, receipts, or notes from appointments. If you’ve kept a journal of your symptoms or interactions with the provider, that’s helpful, too.
- Request Your Medical Records: Contact the healthcare provider or facility and request a complete copy of your records. Under HIPAA, you’re legally entitled to these in the U.S.
- Get a Second Opinion: Consult another doctor to review your case. They can confirm if your treatment was substandard or if your outcome was avoidable.
- Contact a Personal Injury Lawyer: Medical malpractice is complex, so contact our Orlando medical malpractice attorney, who focuses their practice on it.
Speak To An Orlando Medical Malpractice Lawyer Now
When you are hurt because of a doctor’s negligence, you need aggressive legal representation to fight for your rights. Miller & Jacobs Accident Attorneys are available to help with your medical malpractice case. We have decades of personal injury settlement and litigation experience. You can speak to one of our Orlando medical malpractice lawyers today in a free consultation at (877) 848-5297.