Frequently Asked Questions to an Orlando Medical Malpractice Attorney
Serving Orlando, Kissimmee, and all of Florida
Below are a list of questions that clients typically have about medical malpractice and medical negligence cases. If you feel that your doctor or health care provider in Florida was negligent, please call us now to see if our Orlando medical malpractice lawyer can assist you.
- What is medical malpractice?
- What is the statute of limitations in a medical malpractice case and what does it mean?
- Who has a case if I die from medical negligence?
- Are there caps on the amount of damages I can collect in a medical negligence case?
- How do I know if my health care provider’s care was negligent?
- What do I do if I think I have a medical malpractice case?
What is medical malpractice?
Medical Malpractice is negligence by a professional healthcare provider, such as a nurse, doctor, dentist, therapist or hospital whose treatment of a patient departs from the prevailing professional standard of care for that health care provider and caused harm to the patient.
What is the statute of limitations in a medical malpractice case and what does it mean?
A case for medical malpractice must be filed within a limited time period. It can be difficult to determine the exact date the time period for the statute of limitations begins to run and expires, and is determined by the individual facts of your case. For these reasons if you think you have a claim for medical negligence, you should contact an Orlando medical malpractice attorney immediately to discuss your potential case.
Who has a case if I die from medical negligence?
If your death is caused by the negligence of your health care provider, your estate and survivors may have a wrongful death case. Under Florida law your survivors include a surviving spouse, children under age 25 and people you supported. Under Florida law children older than 25 do not have a claim for loss of a parent if the parent did not support them.
Are there caps on the amount of damages I can collect in a medical negligence case?
Yes. Our legislature has passed caps on damages in some medical malpractice claims. The amount of the cap(s) may vary depending on the case and whom it is against. You should always consult an Orlando medical malpractice attorney for your specific case to determine if there is a cap on damages that applies to your specific fact situation.
How do I know if my health care provider’s care was negligent?
In Florida, expert witnesses with special medical education and training will ultimately be required to determine if the medical care departed from the accepted standard of care and caused injury to the patient.
What do I do if I think I have a medical malpractice case?
You should contact and talk with an Orlando medical malpractice lawyer who specializes in this type of case, as soon as possible. When you meet with an Orlando medical malpractice attorney, bring any medical records and bills you have and be ready to tell the lawyer exactly what happened from your first contact with the doctor or other healthcare provider, through your last contact. There are time limits within which you can bring the claim, so time is important.
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