Orange County · 9th Judicial Circuit

Orlando medical malpractice lawyer.

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Florida § 766.106 cases against private hospitals, physicians, and health systems across Orange County. Catastrophic-injury cases only: birth injury, surgical error, missed diagnosis, sepsis, and wrongful death.

Multi-million-dollar Florida medical malpractice recoveries. Past results do not guarantee a similar outcome in your case.

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Last reviewed April 30, 2026 · Percy Martinez Reviewed by Percy Martinez, Esq. · FL Bar #981990 · 33+ years Florida medical malpractice practice
Quick answer

Do I have a medical malpractice case in Orlando?

Florida law requires four legal elements plus a sworn affidavit from a board-certified physician before any case can be filed. Bad outcomes alone are not malpractice. The same Florida rules that apply in Miami-Dade apply here in Orange County.

The 5-point Florida checklist

You likely have a case if…

01
Duty · a doctor-patient relationship existed, even briefly
02
Breach · care fell below what a reasonable specialist would do
03
Causation · the breach was a substantial cause of injury
04
Damages · measurable medical, economic, or non-economic harm
05
Affidavit · a § 766.203 sworn expert opinion can be obtained
§ 02 · The four elements

What counts as malpractice under Florida law.

Malpractice is not the same as a bad outcome. Florida medicine carries inherent risk; not every poor result is actionable. The legal question is whether the care fell below what a reasonably prudent specialist would have done.

01
Duty
A doctor-patient relationship existed.
Once a Florida-licensed provider accepts you as a patient (by examining you, ordering tests, prescribing, or admitting you), they owe you a legal duty of care. The relationship can be implicit. A radiologist who reads your scan but never meets you still owes you that duty.
02
Breach
They fell below the standard of care.
The standard is what a reasonably prudent provider in the same specialty would have done. We prove the breach with a sworn affidavit from a board-certified physician in that specialty. Without that affidavit, Florida § 766.203 prohibits filing.
03
Causation
The breach caused the harm.
Florida requires that the breach be a substantial contributing factor to the injury. Defense counsel will argue the existing illness was the real driver. We anticipate that with timeline reconstructions and differential-diagnosis testimony.
04
Damages
You suffered measurable harm.
Economic (medical bills, lost wages, lifetime care) plus non-economic (pain, suffering, loss of consortium). Wrongful-death claims are governed by § 768.21. A clear breach with no real damages is not a case we will accept.
§ 03 · Florida deadlines

How long do I have to file in Orlando?

Florida medical malpractice is governed by two clocks running in parallel; both must be satisfied. Miss either and the case is gone, no matter how strong the medicine. The same Florida deadlines apply across Orange County and statewide.

2 years
Statute of limitations
From the date of incident, or from when you reasonably should have discovered the harm.
4 years
Statute of repose
Absolute outer limit. After four years, no claim, except for fraud, concealment, or claims involving children.
Child’s 8th
Birth-injury extension
Claims involving an injured child run until the child turns eight, regardless of when the injury occurred. Common in Winnie Palmer and Arnold Palmer cases.
+90 days
Presuit tolling
The statute of limitations clock pauses during the § 766.106 presuit investigation period, but only if presuit notice was served before the clock ran out.
7 years
Fraud or concealment
When the provider intentionally concealed the harm, the repose period extends to seven years from incident.
§ 04 · Case patterns we handle

What kinds of Orlando malpractice cases do you take?

Catastrophic-injury cases against private hospitals and physician groups. Below: the chart-level fact patterns we screen most often in Orange County, with the records that decide each case.

01
Stroke
Stroke misdiagnosis
Ischemic and hemorrhagic strokes sent home from an Orlando ER as migraine, vertigo, or anxiety. The window for tPA or thrombectomy closes in hours.
Records we review ED triage notes · CT/MRI timing · NIHSS documentation · tPA candidacy worksheet
Discuss this case
02
Sepsis
Sepsis & delayed escalation
Septic patients with worsening vitals who are not escalated to ICU, or whose nursing escalation chain breaks down on the floor. Hours of delay turn into multi-organ failure.
Records we review Vital sign trends · serial lactate · rapid-response logs · nursing escalation notes · antibiotic timing
Discuss this case
03
Surgical
Post-op bowel & anastomotic leak
Post-surgical leaks dismissed as normal recovery while sepsis develops. Delayed return-to-OR is the most common breach we see in post-op cases.
Records we review Vital sign trends · serial lactate · WBC progression · CT timing · OR records
Discuss this case
04
Birth
OB injury & HIE
Hypoxic-ischemic encephalopathy, cerebral palsy, brachial plexus injury, and maternal harm during labor and delivery. Common at high-volume OB hospitals like Winnie Palmer.
Records we review Fetal monitoring strips (CTG) · decision-to-incision intervals · nursing notes · Apgar scores
Discuss this case
05
ICU
ICU monitoring failure
Telemetry alarms ignored, ventilator settings missed, central-line infections undiagnosed. ICU records and timing are the case.
Records we review Telemetry strips · alarm logs · vent settings · ICU flow sheets · consultant notes
Discuss this case
06
Wrongful
Wrongful death
Wrongful-death malpractice claims under § 768.21 brought on behalf of statutory survivors. Damages framework: lost support, loss of companionship, and survivors’ pain.
Records we review Death certificate · autopsy report · full chart · family economic impact · statutory beneficiaries
Discuss this case
§ 05 · Orange County hospitals

Which Orlando hospitals do you handle claims against?

All major Orange County health systems are private, which keeps the legal analysis focused on the medicine, not sovereign-immunity caps. Each system runs a different defense playbook. Some employ physicians directly, some bring them in through outside groups, and that changes who can be held responsible.

Orlando Health
Private
ORMC (Level I Trauma) · Dr. P. Phillips · Health Central · Horizon West
Florida’s largest private not-for-profit health system. Cases turn on resident-vs-attending oversight at the Level I trauma center, post-op nursing escalation at Dr. P. Phillips, and EMTALA compliance at the FSEDs.
Arnold Palmer & Winnie Palmer
Pediatric / OB
Orlando Health children’s and women’s flagship
Adjacent campuses on West Miller Street. Birth-injury cases at Winnie Palmer center on fetal monitoring strips and decision-to-incision intervals. Pediatric cases at Arnold Palmer turn on nursing escalation and consult delay.
AdventHealth
Private
9 campuses including Orlando, East Orlando, Winter Park, Apopka, Winter Garden
Catholic-affiliated network with 9 Orange County campuses under one license. Cases often involve handoffs between the FSEDs and the main hospitals; transfer documentation is decisive.
HCA Florida
Private
Oviedo Medical Center · UCF Lake Nona · 7 FSEDs
For-profit chain with aggressive defense playbooks. Records-preservation letters go out same-day on case sign-up. Pattern litigation across staffing-ratio claims.
Nemours Children’s Hospital
Pediatric
Lake Nona · Pediatric specialty
Pediatric malpractice is its own discipline: different experts, different damages models, different statute extensions for minors. The child’s eighth birthday is the operative deadline.
Orange County hospitals & ERs we handle malpractice claims against
Serving Orlando, Winter Park, Winter Garden, Apopka, Ocoee, Oviedo, Maitland, Windermere, plus Lake Nona, Doctor Phillips, Horizon West, Hunter’s Creek, Baldwin Park, Waterford Lakes, and the rest of Orange County.
31 facilities · 22 ZIPs
AdventHealth Orlando
ACUTE CARE32803
AdventHealth East Orlando
ACUTE CARE32822
AdventHealth Apopka
ACUTE CARE32703
AdventHealth Winter Garden
ACUTE CARE34787
AdventHealth Winter Park
ACUTE CARE32792
Orlando Health ORMC
ACUTE CARE32806
Arnold Palmer Hospital for Children
PEDIATRIC32806
Winnie Palmer Hospital for Women & Babies
PEDIATRIC32806
Orlando Health Dr. P. Phillips Hospital
ACUTE CARE32819
Orlando Health Health Central Hospital
ACUTE CARE34761
Orlando Health Horizon West Hospital
ACUTE CARE34787
HCA Florida Oviedo Medical Center
ACUTE CARE32765
UCF Lake Nona Hospital
ACUTE CARE32827
Nemours Children's Hospital, Florida
PEDIATRIC32827
Aspire Health Partners
BEHAVIORAL32808
Central Florida Behavioral Hospital
BEHAVIORAL32821
La Amistad Residential Treatment Center
BEHAVIORAL32751
University Behavioral Center
BEHAVIORAL32826
AdventHealth Palm Parkway ER
FSED32836
AdventHealth Waterford Lakes ER
FSED32826
AdventHealth Lake Nona ER
FSED32827
AdventHealth ER at Flamingo Crossings
FSED34787
HCA Florida Millenia Emergency
FSED32839
HCA Florida Hunter's Creek Emergency
FSED32837
HCA Florida Baldwin Park Emergency
FSED32807
HCA Florida Alafaya Emergency
FSED32828
HCA Florida Maitland Emergency
FSED32810
HCA Florida West Orange Emergency
FSED34787
HCA Florida Downtown Orlando Emergency
FSED32804
Orlando Health ER Randal Park
FSED32832
Orlando Health ER Horizon West
FSED34787
Showing 31 of 31 facilities · All Orange County hospitals are private; no sovereign-immunity caps apply.
§ 06 · Costs & contingency

Why these cases are hard.

Florida malpractice cases require sworn expert corroboration before filing. Expert costs run $75K to $250K before trial. We say no to most cases that come through the door, and we front every cost on the ones we accept.

$0
Upfront cost to you
We work on contingency. No retainer, no hourly bill. You pay nothing unless we recover for you.
% of
recovery
Our fee
A percentage of what we recover for you, capped by Florida Bar Rule 4-1.5(f)(4)(B). The Florida Supreme Court sets the maximum percentage by stage of the case (presuit, suit, appeal). Your exact rate is fixed in writing before we start work.
$75K to $250K
Case costs we advance
Expert witnesses, depositions, records, court reporters, trial graphics, life-care planners. Reimbursed only out of recovery.
$0
If we don’t recover
No fee, no costs owed. The financial risk of pursuing the case is ours.
§ 07 · Frequently asked questions

Questions Orlando families ask before they call.

If your question isn’t here, the first call is free, confidential, and unhurried.

Ask your question →
01How long do I have to file a Florida medical malpractice claim in Orlando?

Two years from the date of incident, or from when you reasonably should have discovered the harm. The absolute statute of repose is four years. Birth-injury claims involving a child extend to the child’s eighth birthday under Florida § 95.11(4)(b). The same Florida deadlines apply in Orlando, Orange County, and statewide.

02Can I sue the hospital or only the doctor in Orlando?

Both can be defendants depending on the facts. Most physicians at Orlando Health, AdventHealth, and HCA Florida hospitals are independent contractors, not hospital employees. That means hospital liability often turns on apparent-agency analysis (whether a reasonable patient believed the doctor was a hospital employee). Hospital nursing, triage, monitoring, and protocol failures are typically direct hospital liability.

03What if my care involved multiple Orlando hospitals or systems?

Common in Orlando. A patient may be treated at an AdventHealth FSED, transferred to ORMC, then admitted to AdventHealth Orlando. Each handoff is a potential liability point. We obtain records from every facility and every provider in the chain to identify which deviation actually caused the harm and which entity is responsible.

04What records matter first in an Orlando malpractice case?

It depends on the case. For ER misdiagnosis: triage notes, vital sign trends, imaging timing, and discharge instructions. For post-op: serial vitals, lab trends, and consultant notes. For OB/HIE at Winnie Palmer or Arnold Palmer: fetal monitoring strips and decision-to-incision intervals. We obtain everything under HIPAA, you do not need to gather records before calling.

05What is medical malpractice under Florida law?

Florida § 766.102 defines medical malpractice as a breach of the prevailing professional standard of care by a healthcare provider that causes injury. The standard is what a reasonably prudent provider in the same specialty would have done. A bad outcome alone is not malpractice. There must be a breach.

06How much does it cost to hire you?

Nothing upfront. We work on contingency: no fee unless we recover for you. Our fee is a percentage of any recovery, capped by Florida Bar Rule 4-1.5(f)(4)(B), which sets the maximum percentage by stage of the case. Your exact rate is fixed in writing before we start. Case costs (expert witnesses, depositions, life-care planners, trial graphics, typically $75,000 to $250,000 on a complex case) are advanced by the firm and reimbursed only out of recovery. If we don’t recover, you owe us zero.

07Will my Orlando case go to trial?

Probably not. Most cases settle during discovery or mediation, and that is the goal: maximize value, then resolve. What drives settlement value up is the firm’s willingness to take cases to verdict, paired with the § 766.203 pre-acceptance physician screening. Past results do not guarantee a similar outcome in your case.

08Hablan español?

Sí. Our intake team is fully bilingual; trial work can be conducted in either language with a court interpreter when needed.

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33+ yrs
Trial experience
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274 reviews
72 hrs
Case audit turnaround