A trip to the doctor or hospital is supposed to make you better, not cause new harm. When a health care provider fails to meet the accepted standard of care, the results can be devastating, from a missed diagnosis to a surgical error to a birth injury. Florida law allows patients and families harmed this way to pursue compensation, though medical malpractice claims are among the most complex personal injury cases to bring, requiring detailed medical evidence and a strict pre-suit process.
At Wooten, Kimbrough, Damaso, and Dennis, P.A., our Orlando medical malpractice attorneys have represented patients and families across Central Florida for over 60 years. Our partners are board certified by the Florida Bar in civil trial litigation, and our firm holds the highest ranking for Orlando injury lawyers in the Best Law Firms report by U.S. News and World Report. We can review your medical records and help you understand whether your case may qualify as malpractice.
Time-Sensitive — Florida Law Limits Your Window to File
The statute of limitations for a Florida medical malpractice claim is two years, however, the time frame is dependent on the unique details and factors surrounding your specific case.
Our board-certified attorneys have handled medical malpractice claims throughout Central Florida for over 60 years on a contingency fee basis, so you pay nothing unless we recover compensation for you.
What Counts as Medical Malpractice in Florida?
Medical malpractice occurs when a health care provider’s treatment falls below the accepted standard of care and that failure causes harm to the patient. To bring a claim, you generally need to show:
- A doctor-patient relationship existed between you and the provider
- The provider’s care fell below the accepted medical standard
- That failure directly caused your injury
- You suffered measurable damages as a result
Not every bad outcome is malpractice. Medicine carries inherent risk, and a poor result alone does not mean a provider acted negligently. An attorney can review your medical records to help determine whether the standard of care was actually breached.
Common Types of Medical Malpractice Cases
Our Orlando medical malpractice lawyers have experience with a range of claims, including cases involving:
- Misdiagnosis or delayed diagnosis of a serious condition
- Surgical errors, including wrong-site surgery
- Medication errors, such as incorrect dosing or dangerous drug combinations
- Failure to warn a patient of a procedure’s known risks
- Birth injuries caused by negligence during labor and delivery
- Anesthesia errors
Who Can Be Held Responsible for Medical Malpractice?
Liability in a medical malpractice case can extend beyond the treating physician. Depending on the circumstances, responsible parties may include the hospital or facility, nursing staff, a specialist who was consulted on your care, or the manufacturer of a defective medical device. Our attorneys investigate every aspect of your treatment to identify all parties who may share responsibility.
What Compensation May Be Available
Florida law allows patients harmed by medical malpractice to pursue compensation for medical expenses related to correcting the harm, lost income during recovery, and pain and suffering. When malpractice results in a family member’s death, surviving family members may also have a wrongful death claim. The compensation available in any case depends on the severity of the harm and the circumstances involved.
Why Choose Wooten, Kimbrough, Damaso, and Dennis, P.A.
Medical malpractice cases require attorneys who understand both the medical and legal sides of a claim, including Florida’s pre-suit notice requirements under Chapter 766. Our firm brings more than 60 years of combined experience and board-certified trial attorneys to every case we take on, and we work with medical professionals when needed to help establish whether the standard of care was met.
What to Expect When You Work With Our Team
We begin by reviewing your medical records and the circumstances of your care to determine whether your case may qualify as malpractice. Florida law requires a formal pre-suit investigation before a medical malpractice lawsuit can be filed, which includes providing written notice to the health care provider. Our attorneys manage this process and keep you informed at each step, from the initial review through resolution.
Frequently Asked Questions About Medical Malpractice Claims in Orlando
What is the deadline to file a medical malpractice claim in Florida?
The statute of limitations for a Florida medical malpractice claim is two years, however, the time frame is dependent on the unique details and factors surrounding your specific case. This period generally runs from the date the injury was discovered or reasonably should have been discovered, subject to an outside four-year limit in most cases. You can review the full statute at the Florida Senate’s website.
Do I have a valid medical malpractice case in Orlando?
A valid claim generally requires showing that a provider’s care fell below the accepted medical standard and that this failure directly caused your injury. A poor outcome alone is not enough. Reviewing your medical records with an attorney is the best way to determine whether your case may qualify.
How much does it cost to hire a medical malpractice attorney in Orlando?
Our firm handles medical malpractice cases on a contingency fee basis, so you pay nothing upfront and owe no attorney fees unless we recover compensation for you.
What is Florida’s pre-suit notice requirement for medical malpractice?
Before filing a medical malpractice lawsuit in Florida, Chapter 766 requires a formal pre-suit investigation, including providing written notice to the health care provider and allowing time for a response. Our attorneys handle this process on your behalf.
Can family members file a claim if a family member’s death was caused by medical malpractice?
Yes. When medical malpractice results in a death, surviving family members may be able to pursue a wrongful death claim in addition to, or instead of, a standard malpractice claim, depending on the circumstances.
Contact Our Orlando Medical Malpractice Attorneys
Our firm has more than 60 years of combined experience, board-certified trial attorneys, and a top ranking for Orlando personal injury litigation from U.S. News and World Report. If you believe you or a family member were harmed by a health care provider’s negligence, our Orlando medical malpractice lawyers can review your case and explain your options. Contact us today at (407) 843-7060 or through our contact form to schedule a free consultation.
Legally Written and Reviewed by a Managing Partner
Wooten, Kimbrough, Damaso, and Dennis, P.A.
Our content is written and reviewed by our founding attorneys Butch Wooten, Orman Kimbrough, Mike Damaso, and Tom Dennis. Helping the injured since 1966, they’ve successfully handled thousands of personal injury cases across Florida. Whether you’re a Florida resident or an out-of-state visitor injured in Florida, we’re dedicated to providing clear and reliable information to help you navigate your legal options confidently.