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Top Surgery Lawyer Orlando FL: Navigate Medical Malpractice with Confidence

Imagine being a patient who underwent surgery, only to discover that the procedure was performed on the wrong body part or that a surgical instrument was left inside you. These devastating experiences can lead to serious health complications and emotional distress. Understanding medical malpractice law in Florida is essential to navigate the legal process and seek justice for your suffering. We will guide you through the complexities of surgical malpractice cases and provide valuable insights into choosing the right surgery lawyer Orlando FL, proving negligence, for example anesthesia errors or medical surgeries which resulted in damages and help you recovering compensation.

Page Summary

  • Navigate medical malpractice with confidence by understanding common types of errors and choosing the right Orlando medical malpractice lawyers.
  • Proving negligence from surgical procedures requires an expert witness, while a lawyer can help navigate the legal process and seek compensation for victims.
  • Successfully preparing your case involves continuing medical care, refraining from discussing online, gathering evidence & utilizing contingency fees to afford representation.

Surgical Malpractice in Orlando: Common Types and Consequences

Surgical malpractice in Orlando is more common than one might think. Some common surgical errors include:

  • Wrong-site surgery: when a medical professional performs a procedure on the wrong organ or body part
  • Unnecessary surgery: exposes patients to risks and complications without any medical benefit
  • Infections: can arise from unhygienic operating room conditions or contaminated surgical instruments
  • Damage to internal organs: might involve accidental perforation or puncture during surgery

A surgical mistake can lead to severe consequences for patients. Surgical mistakes can result in:

  • Oxygen deprivation
  • Respiratory distress
  • Brain damage
  • Nerve injury

Leaving foreign objects inside a body cavity after surgery can cause severe complications and infections. Post-operative infections may lead to infection and sepsis, requiring the assistance of an experienced medical malpractice attorney to seek compensation. All these consequences emphasize the importance of understanding the legal aspects of surgical malpractice.

Victims of surgical malpractice have the right to seek justice and compensation for their suffering. Having the knowledge and wisdom will help you better tackle the subject of surgical errors and their adverse consequences from a legal and physical standpoint, it also enables you to have better assessment of your situation and the necessary actions to protect your rights.

Choosing the Right Surgery Lawyer in Orlando, FL

Pursuing a medical malpractice case demands the careful selection of the right medical malpractice attorneys in Orlando, FL. When choosing a lawyer, consider our level of experience, the types of cases we have handle, our communication style, and who will be responsible for your case. Top surgery lawyers in Orlando include the Percy Martinez – Medical Malpractice Lawyers

To contact one of our surgery lawyer in Orlando, many medical injury lawyers offer a complimentary consultation. For example, you can contact us directly by dialing 407-578-9696 or submitting a free consultation request form. Our initial consultation allows you to discuss your case, evaluate your options, and decide whether our law firm is the right fit for you.

The success of your case greatly depends on your choice of lawyer. A skilled surgery lawyer will help guide you through the complex legal process, negotiate settlements, and fight for the financial compensation you deserve.

Proving Surgical Negligence: The Role of Expert Witnesses

Expert witnesses is essential in any surgical malpractice claim, they help in providing evidence of surgical negligence. They provide testimony regarding the standard of care, breach of duty, and causation. An expert witness is typically someone who can provide expertise and information about another physician’s standard of care in a surgical malpractice case in Orlando, FL.

The expert witness performs the following tasks:

  • Reviews the medical records
  • Evaluates the actions of the medical provider
  • Provides a written opinion regarding the standard of care and any deviations from it

Their testimony assists the court in understanding the facts of the case and determining whether the defendant failed to meet the accepted standards of care.

Your surgical malpractice claim can be significantly strengthened with the inclusion of expert witnesses. Their testimony can help establish negligence and demonstrate the direct causal relationship between the defendant’s actions and the harm suffered by the patient in medical malpractice claims.

There are several steps involved in the legal process for a surgical malpractice case. First, you need to contact our law firm and discuss your case with a medical malpractice lawyer. We can advise you on the legal options available, such as accepting a settlement offer or proceeding with a medical malpractice lawsuit to prove medical malpractice.

This is how it works:

During the discovery stage of the case, the parties involved exchange pertinent information and evidence, such as medical and hospital records. By reviewing records and providing an expert report outlining their conclusions, medical professionals, acting as expert witnesses, have an integral role in establishing negligence. They can help the jury determine if the doctor in question failed to uphold the medical standard of care.

The case may reach a settlement, which can assist the injury victim in obtaining some compensation while avoiding the uncertainty of a trial. If a settlement is not reached, the case proceeds to trial, where the victim’s attorney presents evidence and argues for compensation.

Guiding you through this complex process and helping you seek justice is a task for a skilled surgery lawyer.

Compensation for Surgical Malpractice Victims: What You Can Recover

Economic, non-economic, and punitive damages may be available for victims of surgical malpractice in Florida. Economic damages cover medical bills, rehabilitation expenses, and lost income due to the inability to work resulting from the surgical error. Non-economic damages are awarded to compensate for intangible losses related to a personal injury. These may include pain and suffering, loss of consortium, emotional distress, and depression..

In medical malpractice cases, especially in surgery or improper monitoring cases, Florida law may allow for awarding of punitive damages. This can happen if the facts demonstrate that the doctor conducted themselves in an unusually egregious way. Obtaining punitive damages in Florida is quite difficult. It requires extremely strong evidence that shows intentional misconduct or gross negligence..

Being aware of the available types of compensation can aid medical malpractice victims in seeking justice and relieving the financial strain caused by medical negligence.

Statute of Limitations for Surgical Malpractice Cases in Florida

In Florida, the statute of limitations for surgical malpractice cases is two years. Prompt contact with a medical malpractice lawyer is vital to avoid missing the deadline. Retaining a medical malpractice attorney ensures that the claim is submitted within the allotted time frame and provides representation throughout the complex legal process.

There are exceptions to the two-year statute of limitations in Florida. Cases of fraud or concealment may provide an exception, allowing a patient to file a claim within two years of discovering the fraud or concealment. However, any medical malpractice occurring more than seven years ago cannot be subject to a legal claim.

Awareness of the statute of limitations and its exceptions is key to safeguarding your rights and timely seeking compensation for your suffering.

Preparing Your Surgical Malpractice Case: Tips for Success

Continuing medical care after the incident is a key part of preparing a successful surgical malpractice case, as it shows the link between the medical provider’s negligence and the patient’s health issues. Adhere to any instructions provided by your doctor after the incident to prevent the insurer from asserting that you exacerbated your injuries.

Refrain from discussing your case online, as insurance companies may distort your statements or conclude that you were not severely impacted. Gather crucial evidence, including medical records, photographic evidence, and expert witness testimony, to support your claim. Guiding you through the process and helping gather the necessary evidence to build a firm case can be managed by a competent surgery lawyer.

How Contingency Fees Work: Affording a Surgery Lawyer in Orlando, FL

Contingency fees, which require clients to pay legal fees only if the case is successful, make it possible for clients to afford a surgery lawyer in Orlando, FL. This arrangement reduces financial risk for clients and ensures access to legal representation. The average percentage taken as a contingency fee by surgery lawyers in Orlando, FL, is between 33% to 40% of the amount recovered.

Contingency fees in surgical malpractice cases in Orlando, FL, are typically calculated as a percentage of the total financial recovery, with a fee limited to 30% of the recovery amount. Additionally, there could be other costs associated with a surgical malpractice case, such as court filing fees, expert witness fees, and medical record retrieval fees. Discuss these potential costs with your attorney to ensure a full understanding of the financial implications of pursuing a surgical malpractice case.

Contingency fees enable victims of surgical malpractice to afford quality legal representation without the financial stress of upfront fees, thus enhancing their chances of securing compensation for their suffering.


In conclusion, understanding medical malpractice law in Florida and knowing how to navigate the legal process is vital for victims of surgical malpractice. By choosing the right lawyer, proving negligence with expert witnesses, and preparing a strong case, you can increase your chances of obtaining the compensation you deserve. Remember that the statute of limitations for surgical malpractice cases in Florida is two years, so it is crucial to act promptly and seek legal representation to protect your rights.

Don’t let surgical malpractice define your life. Reach out to an experienced Orlando medical malpractice lawyer today and take the first step towards seeking justice and compensation for your suffering.

Frequently Asked Questions

Can you sue a surgeon in Florida?

Yes, you can sue a surgeon in Florida if they caused injury to you, provided that the duty of care was owed and breach thereof is proven.

What is considered medical negligence in the state of Florida?

Medical negligence in the Florida state is defined as a breach of the duty of care which occurs when a medical practitioner fails to provide an acceptable standard of care.

What is the limit for medical malpractice in Florida?

In Florida, the legal limit for medical malpractice is two years from when the incident occurred or when it should have reasonably been discovered, although it can be extended to four years in cases where the injury was not immediately discoverable. The only exceptions are for cases involving fraud or concealment, with a maximum cap of seven years.

How hard is it to prove medical malpractice in Florida?

Proving medical malpractice in Florida is difficult, as it requires showing a breach of the standard of care, a direct causal link to patient harm, and significant damages incurred, along with expert testimony and substantial evidence.

What are some common types of surgical malpractice in Orlando, FL?

Wrong-site surgery, unnecessary surgery, infections, and damage to internal organs are common types of surgical malpractice in Orlando, FL.