407-606-6022

Frequently Asked Questions

What distinguishes the Law Offices of Michael Barszcz from other injury or malpractice attorneys?

Our firm provides a rare combination of experience: Michael Barszcz is both a medical doctor (M.D.) and a civil trial attorney (J.D.), with over three decades of trial experience. This dual expertise means he can evaluate medical evidence, understand complex healthcare procedures, and translate that into a strong legal strategy.

What types of medical malpractice cases does your office handle?

We handle a broad range of medical negligence matters, including birth injuries, surgical errors, anesthesia mistakes, delayed diagnosis, hospital communication/documentation errors, nursing-home abuse, catastrophic injuries, and wrongful death due to medical care.

How do I know if I have a medical malpractice case in Florida?

In Florida, you must show (a) a doctor-patient relationship existed, (b) the healthcare provider breached the standard of care, (c) the breach caused your injury, and (d) that injury resulted in measurable damages. Your case also must be filed within the relevant statute of limitations.

What is the statute of limitations for filing a medical malpractice or wrongful death claim in Florida?

Generally, Florida requires medical malpractice claims to be filed within two years from the time the injury was (or should have been) discovered. For wrongful death arising from malpractice, the statute of limitations is also 2 years. (There may be variations depending on case specifics.)

How do personal injury (car accident) cases differ from medical malpractice cases?

Personal injury cases (such as auto accidents) typically involve negligence by a driver, manufacturer, or vehicle owner and focus on bodily injury and property damage. Medical malpractice involves negligence by a healthcare provider or institution and requires compliance with the medical standard of care. Dr. Barszcz covers both types, which means you get attorney and medical insight, whether you were hurt in a crash or by medical negligence.

What costs are involved when I hire your firm, and when do I pay?

We operate on a contingency fee basis for injury and malpractice cases, meaning you don’t pay attorney fees unless we win compensation for you. This allows you to focus on recovery without upfront legal costs.

How soon should I contact your office after being injured or harmed by medical negligence?

As soon as possible. The earlier we begin gathering records, testimony, and evidence, the stronger your case. Delays can lead to the loss of essential documents, fading memories, and deteriorating evidence. Acting promptly protects your rights.

What kind of compensation might I be eligible for?

Depending on your case, compensation may include medical expenses, ongoing care costs, lost wages, pain and suffering, loss of consortium, rehabilitation expenses, and in wrongful death cases, funeral/estate costs, loss of future support/services and net accumulations. Each case is different; during the free initial consultation, we evaluate your potential recovery.

What if the responsible party is a hospital or large healthcare system?

We are fully prepared to handle the complexity of taking on hospitals, clinics, health systems, and insurance companies. Our firm has been actively engaged in high-value cases involving institutions and providers, supported by the medical-legal insight Dr. Barszcz’s unique background brings.

Do you handle cases only in Orlando/Florida or nationwide?

We handle cases nationwide depending on the facts. Our primary practice is in the state of Florida, with our office located at 2721 W. Fairbanks Ave., #200, Winter Park, FL. If your case involves Florida healthcare providers or accidents in Florida, we can assist. Contact us for specifics.

What is your process for handling a case?

Our process typically follows these steps:

  1. Free consultation to understand the facts.
  2. Thorough investigation and case evaluation.
  3. Legal strategy and case preparation (including expert reviews).
  4. Negotiation or litigation (whichever your case requires).
  5. Resolution and support moving forward.
  6. We keep you informed and involved every step of the way.
How long does it take to resolve a medical malpractice or personal injury claim?

There’s no one-size answer—it depends on the complexity of the case, how much investigation is required, the willingness of the defendant to settle, and whether your case goes to trial. Some cases resolve within a few months; others may take a year or more. We’ll give our best estimate after reviewing your case.

Will I have to go to court?

Not always. Many cases settle before going to trial. However, we are fully prepared to take a case to court if necessary to maximize your compensation. In the event we go to court, we have the extensive trial experience needed to provide the best opportunity to obtain a favorable outcome.

How involved will I be in the case?

You’ll be kept informed, and your input is valued. While our team handles the investigation, legal strategy, and negotiations, we encourage you to ask questions, stay updated, and provide input when key choices arise. We aim for transparent, personal service.

What happens if I was partly at fault or contributed to the injury?

In personal injury cases your compensation may be reduced by your own percentage of fault. And, as of 2023, any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages. However, the portion of the law barring recovery for negligence by a party greater than 50 percent does not apply to medical malpractice cases. We’ll review your case carefully and explain how fault or shared responsibility may affect it.

Can I switch attorneys if I have already hired someone?

Yes—with caution. If you’re unhappy with your representation, you may consult a new attorney. We will review whether it’s appropriate to take over your case, taking into account any ethical or contractual constraints. It’s important to act promptly to avoid missing deadlines.

Why do medical malpractice cases often require expert witnesses?

Because the plaintiff must prove not simply that something went wrong, but that the healthcare provider deviated from the prevailing standard of care and that deviation caused the injury. Expert testimony from a medical professional is generally required to establish these points.

Are minors (children) treated differently in medical malpractice or wrongful death cases?

Yes — in some regards the law treats younger claimants differently. Cases involving children often have additional considerations (for example, in birth injury, brain injury, or if the deceased is under 25 years old in a wrongful death case). The plaintiff must understand how this may affect damages and filing deadlines.

Can I still file a case if the provider denies negligence or the records are incomplete?

Yes, it may still be possible. Part of our role is to investigate the facts thoroughly, gather records, retain experts, and build a case, even when the provider denies responsibility or documentation is sparse. Don’t assume you’re out of options. Don't hesitate to get in touch with us for an assessment.

What should I bring to my free consultation?

Helpful items include: any medical records you have, a timeline of events (what happened and when), names of providers or facilities involved, any insurance correspondence, photographs or videos (if relevant), and questions you want answered. This helps us evaluate your case quickly and effectively.

The firm is based in Central Florida but handles matters throughout the state and in jurisdictions across the United States.

Contact us today for a free consultation and discover how we can help turn your challenges into a path forward.

Our Office

2721 W. Fairbanks Ave.,

Suite 200

Winter Park, FL 32789

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

© 2026 All Rights Reserved. | Website by Southern Cross Media of Central Florida LLC