Orlando Medical Malpractice Lawyer

When the stakes are high, EVERY MOVE MATTERS.

The majority of nurses, physicians and health care providers in Florida are educated, well-trained individuals that have honorably accepted an extraordinary challenge to care for ill patients and their families. At the Law Offices of Michael Barszcz, M.D., J.D., our Orlando medical malpractice lawyer respects the service and commitment of these dedicated professionals. We do not believe that nurses, physicians, and hospitals should have their medical practice interrupted by frivolous lawsuits. However, we also firmly believe that vigorously pursuing meritorious cases, as well as refusing to participate in frivolous cases, is essential to protecting patients’ rights, establishing improved policies and preserving the integrity of the medical profession.

On This Page:

• What Is Medical Malpractice?
• Winning a Medical Malpractice Claim
• Benefits of Working with a Lawyer for a Medical Malpractice Claim
• Choosing a Medical Malpractice Attorney
• Medical Malpractice FAQs

If you or someone you love has been injured as a result of medical negligence, you have the right to seek fair compensation. Our medical malpractice attorney in Orlando is here to help. Make your move – call (407) 305-6088 or contact us online for a free evaluation of your case.

What Is Medical Malpractice?

The plaintiff (the injured person or their legal representative) must prove that a health care provider, or entity, delivered unreasonable care AND that the unreasonable care proximately caused an injury to the patient. Witnesses with medical education, training, and expertise are ultimately required to determine whether the care delivered was reasonable or unreasonable.

What Types of Medical Errors Would Warrant a Lawsuit?

Various factual circumstances may support a claim for medical malpractice. 

Medical malpractice lawsuits are commonly based on situations involving:

• Wrongful death
• Brain injury to infants, children, and adults
• Birth injuries to children and mother during labor and delivery
• Failure to perform timely C-section
• Delay in diagnosis of cancer (i.e., cervical, uterine, colon, prostate, skin)
• Misdiagnosis
• Neurological injury/paralysis
• Surgical negligence
• Nursing negligence
• Hospital negligence
• Emergency room negligence
• Failure to prevent heart attack or stroke
• Failure to properly treat infections
• Medication errors resulting in injury
• Anesthesia negligence

Winning a Medical Malpractice Claim

To prevail in a claim based on medical negligence (often referred to as medical malpractice), the patient must prove that a healthcare provider deviated from the prevailing professional standard of care and proximately caused injury to the patient. The failure of a health care provider to offer reasonable care to a patient may result in tragic and catastrophic injury such as paralysis, brain injury, or wrongful death.

Benefits of Working with a Lawyer for a Medical Malpractice Claim

Working with a lawyer for a medical malpractice lawsuit can provide several benefits. 

Medical malpractice cases involve complex legal principles and require a deep understanding of medical procedures and terminology. A lawyer specializing in medical malpractice has the expertise to navigate the intricacies of the legal system and build a strong case on your behalf. An experienced lawyer can also evaluate the merits of your case by reviewing medical records, consulting with medical experts, and conducting a thorough investigation. They can determine whether you have a valid claim and advise you on the potential outcomes and challenges you may face.

At the Law Offices of Michael Barszcz, M.D., J.D., our medical malpractice lawyer in Orlando is experienced in medical malpractice cases and is familiar with the standard of care expected from healthcare professionals. Our team can assess whether the medical provider deviated from the accepted standard, which is crucial in proving negligence. We have the resources and network to gather essential evidence to support your claim. We will work diligently can obtain medical records, interview witnesses, gather expert opinions, and analyze relevant documents to build a strong case on your behalf. 

In many medical malpractice cases, settlements are reached before going to trial. our skilled attorney can negotiate with the opposing party or their insurance company to secure a fair settlement that adequately compensates you for your damages, such as medical expenses, lost wages, pain, and suffering. Lastly, having a lawyer by your side is crucial if your case goes to trial. Our legal team will represent your interests, present your case to the court, cross-examine witnesses, and argue on your behalf. Our courtroom experience and advocacy skills are essential for maximizing your chances of a favorable outcome.

Falling victim to medical malpractice is a painful and traumatic experience. Patients rightly put a large amount of trust in doctors, and when that trust is violated, the results can be permanently damaging. Proving medical negligence or medical malpractice can be difficult. If you have been the victim of medical malpractice, finding a lawyer to represent your best interests is of the highest importance. The Law Offices of Michael Barszcz, M.D., J.D., in Orlando, Florida, pride themselves on the quality and skill of their medical malpractice case history.

What Should You Look For?

Some of the key characteristics you should look when selecting a medical malpractice attorney:

• Medical Expertise: To establish medical malpractice, you must prove that a health care provider deviated from professional health standards. To prove this, expert medical testimony must be given. An experienced medical malpractice attorney understands the finer points of complex medical-legal litigation and great knowledge of the medical condition in question could mean the difference between winning and losing a case. Lawyers with both a J.D. and M.D., are uncommon and such unique qualifications may offer you a significant advantage over an attorney without any medical experience.
• Experience: Medical malpractice suits are complicated cases and require lawyers with extensive experience. Particularly given the range of injuries that can be sustained in botched medical procedures, hiring a lawyer who has dealt with these types of cases and the medical community is key. Medical malpractice can occur at a doctor’s office, the hospital, an ER bed, and even a nursing home. Shouldn’t you demand a lawyer with experience in all of these types of medical malpractice or negligence cases?
• Verdict Settlements: One way of gauging whether a law firm has a chance of success in your case is by looking at their past cases. A law firm should be open about its past verdicts and also about the awards and settlements involved in those cases. Michael Barszcz has recovered more than $120 million dollars in medical malpractice cases for his clients. If a law firm isn’t open about its prior winning medical malpractice verdicts and settlements, you should probably avoid them and look for a more proven firm. However, it is important to remember that past results are no guarantee of future success.
• Individual Care: If you’ve suffered from medical malpractice, your trust in professionals may be shaken, so getting the runaround from a law office may only exacerbate the pain you’ve already experienced. A law firm should be large enough to provide you with all of the resources you need but not so large that it cannot provide you with the individual care and attention you deserve.

Call Our Orlando Medical Malpractice Attorney for a Free Review

If you've been injured by a medical professional, it's important to remember that you have legal rights. Our Orlando medical malpractice attorney can help you understand those rights and fight for the compensation you deserve. We can provide important guidance and support throughout the legal process, helping you to make informed decisions about the best course of action for you and your family. 

Call us at (407) 305-6088 today and learn how we can help you!

Medical Malpractice FAQs

How Long Do I Have to File a Medical Malpractice Lawsuit in Florida?

A medical malpractice claim must be filed within a limited time frame. The facts of each case often need to be evaluated to determine whether there is available time to pursue a claim or whether various time limitations prevent any future claim. Therefore, it is recommended that you contact an attorney as soon as possible to discuss a potential claim. Contact the Law Offices of Michael Barszcz, M.D., J.D. to schedule a free consultation to discuss your case. 

How Long Does it Take to Resolve a Medical Malpractice Lawsuit?

A medical malpractice claim may take months or years to finally resolve by way of settlement or verdict. Each case is different and fact specific. The cases are usually expensive, contested, and involve highly educated expert witnesses on both sides.

What Damages Can I Recover in a Medical Malpractice Claim?

Patients who successfully prove a medical malpractice claim in Florida may recover compensatory damages, which include economic damages, such as medical bills, lost wages, and future medical care, as well as non-economic damages for pain and suffering. Florida law also imposes caps on non-economic damages in certain medical malpractice cases, especially when the defendant is a practitioner. Punitive damages, which are meant to punish the defendant for particularly egregious conduct, may be awarded but are rare.

Do I Need an Expert Witness to File a Medical Malpractice Lawsuit?

Yes, expert testimony is generally required in Florida to establish that the healthcare provider’s conduct fell below the acceptable standard of care. In fact, before filing a lawsuit, Florida law requires the claimant to obtain an affidavit from a qualified medical expert stating that there is a reasonable basis to believe malpractice occurred. This expert must be a healthcare professional who practices in the same field as the defendant.

Are There Any Limits on the Amount of Damages I Can Recover in Florida?

In Florida, non-economic damages, such as compensation for pain and suffering, were previously capped in medical malpractice cases. However, the Florida Supreme Court ruled in 2017 that these caps are unconstitutional for personal injury cases. This means that there are no longer limits on non-economic damages in personal injury claims. However, there may still be caps for wrongful death cases under certain circumstances.

What is the Process for Filing a Medical Malpractice Claim?

Filing a medical malpractice claim in Florida involves several steps. First, the claimant must conduct a pre-suit investigation, which includes obtaining an affidavit from a qualified expert. Then, a Notice of Intent to Initiate Litigation must be served to the healthcare provider, giving them 90 days to respond. During this period, the parties may exchange information and negotiate. If the claim is not resolved during this period, the claimant can file a formal lawsuit in court.

Can I File a Medical Malpractice Claim If I Signed a Consent Form?

Signing a consent form does not necessarily prevent you from filing a medical malpractice claim in Florida. While a consent form shows that you were informed of certain risks, it does not give healthcare providers the right to be negligent. If a healthcare provider’s actions fell below the standard of care or they failed to adequately inform you of the risks involved, you may still have grounds for a claim.

What If My Child or Elderly Parent Was Harmed Due to Medical Malpractice?

A parent can file a medical malpractice claim on behalf of a child who has been injured due to medical negligence. Similarly, if an elderly parent suffers harm, their legal guardian or representative can pursue a claim. In wrongful death cases, Florida law limits who can file a claim. For example, adult children cannot file wrongful death claims for a parent if the parent was over 25 years old and was unmarried.

Why Do I Need a Medical Malpractice Lawyer?

The laws that govern medical malpractice cases are specific, detailed and constantly evolving. Therefore, you should consider retaining a highly experienced attorney to represent you in any medical malpractice claim. Very few Florida attorneys have nearly 25 years of experience in successfully representing clients in medical malpractice cases.  

Michael Barszcz, M.D., J.D., has a medical degree from Brown University Medical School and a law degree from the University of Florida College of Law.  He has obtained many multi-million-dollar verdicts and settlements in personal injury, vehicle accident, medical malpractice, wrongful death, and most other personal injury claims. In total, he has recovered more than $120 million dollars for his clients.

At the Law Offices of Michael Barszcz, M.D., J.D., we strive to serve each person with the professionalism that we would expect to receive as a client. Mr. Barszcz originally created, and continues to maintain, a small law firm to establish close, professional relationships with each client. Mr. Barszcz and his staff are dedicated to honestly, diligently, and aggressively protecting the interests of injured people and their families.

Why hire an attorney who’s also a medical doctor? When the stakes are high, EVERY MOVE MATTERS.