When Medical Negligence Causes Serious Harm
When you seek medical care, you have every reason to expect that the doctors, nurses, hospitals, and other health care professionals treating you will provide appropriate care.
Unfortunately, mistakes can happen. A failure to diagnose a serious condition, a surgical error, the wrong medication, a failure to recognize warning signs, or another form of negligent medical care can result in serious and sometimes permanent harm.
But not every bad medical outcome is medical malpractice.
Proving a medical malpractice case requires a careful examination of the medical records, the treatment provided, the applicable standard of care, and the connection between the provider's conduct and the patient's injury.
At Diez-Arguelles & Tejedor, our Orlando medical malpractice attorneys represent patients and families who have suffered serious harm because of negligent medical care. Our attorneys work with experienced medical professionals and carefully investigate the records and circumstances surrounding a patient's treatment.
If you believe a medical error caused you or someone you love serious harm, contact us for a confidential consultation.
Call (407) 705-2880 today.
Diez-Arguelles Tejedor advocates for patients and families harmed by medical negligence. Our attorneys work to uncover what went wrong, hold responsible parties accountable, and pursue the compensation our clients need to move forward after a serious medical injury.
Call (407) 705-2880 to learn how we can help.
When Medical Care Causes More Harm Instead of Healing
Trusting a doctor or hospital can make it difficult to recognize when something went wrong.
You may have been told that a complication was unavoidable.
You may have been told that your condition simply became worse.
You may have been reassured that your symptoms were normal.
Or you may simply know that something happened during your treatment that does not make sense.
You do not have to determine on your own whether the care you received met the applicable standard of care.
Medical malpractice cases often require a detailed review of medical records and consultation with qualified medical professionals. Our attorneys can investigate what happened and help determine whether the evidence supports a medical negligence claim.
What Is Medical Malpractice in Florida?
Under Florida law, a patient bringing a medical negligence claim generally must establish that a health care provider's conduct fell below the prevailing professional standard of care and that the provider's negligence caused the patient's injury.
The standard of care is not simply what the patient believes a doctor should have done. It involves the level of care, skill, and treatment recognized as acceptable and appropriate under the circumstances by reasonably prudent similar health care providers.
That distinction is important.
A treatment may have an unfavorable result without being negligent. A complication may occur even when a doctor provides appropriate care. Conversely, a serious injury may result from negligence even when the mistake is not immediately obvious.
Determining the difference requires a careful investigation of the medical evidence.
Understanding What Must Be Proven in a Medical Malpractice Case
Medical malpractice cases are different from many other personal injury claims because they often involve highly technical medical questions.
Generally, a successful claim requires evidence showing:
A Health Care Provider Owed You a Duty of Care
The claim must involve the rendering of, or failure to render, medical care or services by a health care provider.
The Standard of Care Was Breached
The provider's conduct must have fallen below the applicable prevailing professional standard of care.
This may involve what a reasonably prudent similar health care provider would have done under the same or similar circumstances.
The Negligence Caused an Injury
It is not enough to establish that a medical provider made a mistake.
The evidence must establish that the negligent conduct caused or contributed to the patient's injury.
The Injury Resulted in Compensable Damages
The injury must have resulted in legally recoverable damages.
Depending on the circumstances, these damages can include additional medical expenses, lost income, disability, pain and suffering, and other losses.
This is one reason medical malpractice cases require extensive investigation. The medical records must tell a coherent story about what happened, what should have happened, and how the difference affected the patient.
Common Types of Medical Malpractice
Medical negligence can occur in many different settings and take many forms.
Some of the cases our firm handles include:
Failure to Diagnose or Delayed Diagnosis
A doctor may fail to recognize symptoms of a serious condition, fail to order appropriate testing, or fail to properly interpret test results.
A delayed diagnosis can allow a disease or medical condition to progress and may significantly reduce a patient's treatment options.
Our firm has handled medical malpractice cases involving failures to diagnose serious conditions, including vascular injuries, heart conditions, bowel obstructions, and delayed cancer diagnoses.
Misdiagnosis
A patient may be diagnosed with the wrong condition when a reasonably prudent health care provider would have recognized the correct diagnosis.
A misdiagnosis can result in unnecessary treatment while the underlying condition continues to worsen.
Surgical Errors
Surgery carries inherent risks, but some injuries can result from negligent surgical care.
Potential examples include operating on the wrong site, damaging surrounding structures, failing to properly monitor a patient, leaving foreign material in the body, or other errors that fall below the applicable standard of care.
Medication Errors
Medication mistakes can occur when a provider prescribes the wrong medication, provides an incorrect dosage, fails to account for dangerous interactions, or does not properly monitor a patient's response.
Failure to Order Appropriate Testing
A provider may fail to order diagnostic tests that should reasonably have been considered based on the patient's symptoms, history, or condition.
When that failure results in a delayed diagnosis or preventable injury, it may support a medical negligence claim.
Failure to Recognize or Respond to Warning Signs
Patients often depend on medical professionals to recognize signs that a condition is becoming dangerous.
A failure to respond appropriately to abnormal vital signs, test results, symptoms, or other warning signs can result in serious injury.
Emergency Room Negligence
Emergency rooms require medical professionals to make rapid decisions involving patients with a wide range of conditions.
Negligence may occur when a patient is improperly evaluated, important symptoms are overlooked, necessary testing is not ordered, a serious condition is misdiagnosed, or a patient is discharged without appropriate care.
Birth Injuries
Medical negligence during pregnancy, labor, or delivery can cause devastating injuries to a mother or child.
Examples may include failure to recognize fetal distress, failure to timely perform a necessary C-section, medication errors, improper use of delivery instruments, or failure to properly manage maternal conditions.
Our firm handles birth injury cases separately and has substantial experience involving serious injuries to newborns.
Failure to Refer to a Specialist
A doctor may recognize or should recognize that a patient's condition requires evaluation by a specialist.
Failing to make an appropriate referral can delay diagnosis or treatment and potentially worsen the patient's condition.
Inadequate Follow-Up or Aftercare
Medical care does not necessarily end when a patient leaves the doctor's office or hospital.
A failure to provide appropriate follow-up, monitor a patient's condition, recognize complications, or respond to worsening symptoms may constitute negligence depending on the circumstances.
A Bad Medical Outcome Does Not Automatically Mean Malpractice
One of the most important things to understand about medical malpractice is that a poor outcome does not automatically mean someone was negligent.
Medical treatment carries risks. Some complications occur even when appropriate care is provided.
For a medical malpractice claim to succeed, the evidence generally must show more than an unfortunate result. It must establish that the health care provider failed to meet the applicable standard of care and that this failure caused the patient's injury.
That is why we do not simply look at the outcome.
We examine the care that led to the outcome.
How We Investigate a Medical Malpractice Case
Medical malpractice cases can involve hundreds or thousands of pages of medical records.
Our attorneys carefully examine the evidence to understand the patient's treatment from beginning to end.
What We May Examine
- Medical records
- Hospital records
- Physician records
- Nursing records
- Laboratory results
- Diagnostic imaging
- Radiology studies
- Medication records
- Surgical records
- Electronic medical records
- Test results
- Discharge instructions
- Follow-up records
- Billing records
- Communications between providers
- Witness statements
- Other relevant evidence
We may also work with qualified medical professionals who can review the records and provide opinions concerning the care that was provided.
The goal is to determine:
What happened?
What should have happened?
Did the care fall below the applicable standard?
Did that negligence cause the injury?
What damages resulted?
Medical Malpractice Cases Require Medical Experts
Medical negligence cases frequently involve complex questions that cannot be answered simply by reading a patient's records.
Florida law requires a reasonable investigation before a medical negligence action can be filed. The law also establishes specific presuit requirements, including medical expert corroboration supporting reasonable grounds for the claim.
Our firm has experience working with experienced and credentialed medical professionals who can review medical records, evaluate the care provided, and address the medical issues involved in a case.
This allows us to evaluate a potential claim before litigation and determine whether the available evidence supports moving forward.
What Compensation Can Be Available in a Medical Malpractice Case?
The damages available in a medical malpractice case depend on the nature and severity of the injury and the individual circumstances of the patient.
Depending on the case, compensation may include:
Additional Medical Expenses
A negligent injury can result in extensive medical treatment, rehabilitation, medication, surgery, therapy, and other health care expenses.
Lost Income
A serious injury may prevent a person from working temporarily or permanently.
A claim may include lost wages and other economic losses associated with the inability to work, depending on the circumstances.
Future Medical Care
Some injuries require ongoing treatment for months or years.
The cost of reasonably necessary future medical care may be an important component of a medical malpractice claim.
Loss of Earning Capacity
A permanent injury can affect a person's ability to earn income in the future.
Depending on the evidence, damages may account for the impact of the injury on future earning capacity.
Pain and Suffering
Serious medical injuries can cause significant physical pain, emotional distress, disability, and changes to a person's quality of life.
Non-economic damages may be available depending on the circumstances.
Permanent Disability or Disfigurement
When negligent medical care results in permanent impairment or disfigurement, the impact can extend throughout the patient's life.
These consequences may be considered when evaluating damages.
Wrongful Death Damages
When medical negligence results in death, eligible survivors and the estate may have a wrongful death claim under Florida law.
The damages available depend on the relationship between the deceased and the surviving family members and the circumstances of the death.
Florida Medical Malpractice Claims Have Strict Deadlines
Florida law generally requires a medical malpractice action to be commenced within two years from the time the incident giving rise to the action occurred, or within two years from when the incident was discovered or should have been discovered through the exercise of due diligence.
There is generally also a four-year outside limit from the date of the incident.
However, Florida law contains important exceptions.
For example, the four-year limitation does not necessarily bar an action brought on behalf of a minor on or before the child's eighth birthday. There are also special provisions for cases involving fraud, concealment, or intentional misrepresentation that prevented discovery of the injury.
The rules can become complicated very quickly.
Medical malpractice claims also have a presuit process that must generally be completed before a lawsuit can be filed. Florida law requires a reasonable investigation, and after the required notice is provided, the prospective defendant generally has a 90-day period to investigate the claim before suit may be filed.
Because these deadlines and presuit requirements can affect your legal rights, you should not wait to have a potential medical malpractice claim evaluated.
If you believe negligent medical care caused your injury, contact an attorney as soon as possible.
Florida's Medical Malpractice Presuit Process
Medical malpractice cases are different from many other personal injury claims because Florida requires specific steps before a lawsuit can be filed.
The process generally includes:
Investigating the Claim
The claim must be investigated to determine whether there are reasonable grounds for believing that medical negligence occurred and caused an injury.
Obtaining Medical Expert Support
Medical expert evidence is required to corroborate reasonable grounds for a medical negligence claim during the presuit process.
Providing Notice of Intent to Initiate Litigation
After the required investigation, the claimant must provide notice to each prospective defendant before filing a medical negligence lawsuit.
The 90-Day Presuit Period
Once notice is delivered, a lawsuit generally cannot be filed for 90 days. During that period, the prospective defendant or its insurer conducts its own investigation.
Evaluating the Response
The prospective defendant may reject the claim, make a settlement offer, or make an offer to arbitrate under the procedures provided by Florida law.
Filing a Lawsuit When Appropriate
When appropriate, a medical malpractice lawsuit may be filed after the applicable presuit requirements have been completed.
Why Families Choose Diez-Arguelles & Tejedor for Medical Malpractice
Medical malpractice cases can involve complicated medical evidence, difficult questions of causation, and significant opposition from hospitals, physicians, insurance companies, and their attorneys.
Maria D. Tejedor has focused her practice on medical malpractice, including cases involving injuries to children. Over her career, she has successfully tried numerous medical malpractice cases and recovered more than $500 million in awards for injured families.
Her medical negligence results include a judgment exceeding $64 million, described by the firm as the largest judgment entered by a jury to a single plaintiff in a medical negligence case in Orange County history. She has also obtained significant verdicts involving birth injuries, brain injuries, wrongful death, delayed diagnosis, and other forms of medical negligence.
You Deserve Answers About What Happened
When a medical treatment goes wrong, it can be difficult to know whether you experienced a known complication or whether something could have been prevented.
You should not have to investigate that question alone.
At Diez-Arguelles & Tejedor, we can review the circumstances surrounding your treatment, examine the available medical records, consult with qualified medical professionals when appropriate, and explain your legal options.
If negligent medical care caused serious injury to you or someone you love, our attorneys are prepared to help you understand what happened and what steps may be available.
Serving injured individuals and families throughout Orlando and across Florida. Call Diez-Arguelles & Tejedor at 1-888-888-3773 to discuss your legal options in a free consultation.
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