By Osborne & Francis
October 25, 2023

When and Why to Hire a Medical Malpractice Lawyer

After being injured or becoming ill, we rely on medical providers to accurately diagnose and treat our health condition. However, when a provider is negligent in their care, they may inflict additional harm. In many cases, that leaves the patient to deal with additional medical bills, lost wages, and emotional costs. 

Victims of medical malpractice often have questions about whether or not their claim meets the evidentiary threshold required to obtain compensation for these damages. At Osborne & Francis, our seasoned team is equipped to answer your medical malpractice questions and evaluate your claim. You can reach us at (561) 678-0156 or contact our offices in Boca Raton or Orlando. Our team will explain the services we offer and review your case in detail. 

When is Hiring a Medical Malpractice Lawyer Necessary?

It is a common misconception that any error made by a healthcare provider constitutes medical malpractice. In reality, there are several criteria that must be met before a claim merits compensation. First, the provider’s actions must be a violation of the standard of care that can be expected from a provider. Essentially, a medical provider with similar experience and knowledge would not have made the same mistake under similar circumstances. 

Additionally, the error must have actually harmed the health of the patient. This harm must result in damages, whether they be physical, financial, or emotional in nature. If you are at the point where you are considering pursuing compensation for your damages, it’s time to involve a personal injury lawyer with a documented record of successfully litigating medical malpractice lawsuits.

Your Doctor’s Error is Seriously Affecting Your Life

If your healthcare provider has made a critical error that has resulted in meaningful physical, mental, or financial losses for you, you may be able to recover compensation for your damages. For example, let’s say a surgeon was in a rush and made a critical surgical error. This mistake compromised your spinal cord, leaving you paralyzed from the waist down. Not only do you have to pay for medical care, like post-op monitoring, a wheelchair, and accommodations in the hospital, the costs don’t stop once you leave. 

You may have to pay to install a ramp into your house, bars in your shower, or even move to a more accessible home. If you previously worked in a field that relied on physical labor, you’ll likely have to change careers, which can set you back years financially. You may be unable to participate in your hobbies like you used to or help maintain your home. Additionally, your mental health may suffer from your loss of independence and having to sacrifice your lifestyle.

Your Doctor Won’t Take Your Concerns Seriously

It is important for your medical provider to listen to your symptoms and review your personal habits and environment in order to make an accurate diagnosis and treatment plan. When a medical provider is dismissive of your concerns, that can lead to a delayed diagnosis or misdiagnosis. That can lead to postponed or inaccurate treatment, both of which can do serious harm.

For example, let’s say that your doctor failed to identify your cancer in its early stages and attributed your symptoms to another condition. As a result, you may not receive treatment until your cancer is in its later stages, rendering the treatment less effective and your prognosis much poorer. If your provider will not listen to and address your health concerns, you may have the basis of a medical malpractice claim if it has harmed your health further.

You’ve Received a Contrary Opinion from Another Doctor

Receiving differing opinions from medical providers can be confusing and frustrating. It may also be a sign that the first provider you saw was not as diligent as they should have been in diagnosing your condition or administering your care. 

Perhaps your original doctor failed to account for all of your symptoms or had neglected to consider the likelihood of certain health conditions amongst your age group, gender, and racial demographic. Whatever the reason for the misdiagnosis, receiving treatment for a condition you don’t have likely leaves the real issue unresolved, allowing it to develop untreated. At worst, it can exacerbate the actual condition.

You’re Having Issues with the Insurance Company

Healthcare providers like doctors are required to carry insurance, although medical malpractice insurance is not mandated in Florida. When a patient accuses them of negligence in a medical malpractice lawsuit, their insurance carrier is the one on the hook for your damages if the doctor is found liable up to the limit of their policy. 

That means that you aren’t actually facing the negligent doctor, but rather their insurance carrier. Their agenda is to diminish the value of your claim in order to pay the minimum amount required. With this uphill battle in mind, you may have first attempted to get your own insurance to cover the costs of your medical malpractice injuries before deciding to go to the trouble of filing a personal injury lawsuit

Like the doctor's insurance carrier, they do not want to cut into their profits, so they will try to avoid paying for anything more than absolutely necessary. Either way, you may have difficulty getting an insurance company to cover your costs. A medical malpractice attorney can be beneficial in either scenario. 

How Can a Medical Malpractice Lawyer Help You?

Medical malpractice claims are complex in nature. They require an experienced hand to analyze medical records, calculate damages, and communicate evidence in a persuasive and digestible format. To have the greatest chance of successfully recovering a fair settlement, you should seek out a qualified, reputable medical malpractice lawyer.

Your Attorney Will Negotiate with the Insurance Company on Your Behalf

Never accept an offer from an insurance company without first discussing it with a medical malpractice attorney. They do not share your interests. As discussed, the business model of an insurance company is reliant on collecting premiums and paying out as little as possible when a policy is invoked. Insurance agents are professionals at accomplishing this.

Your medical malpractice lawyer will handle communication with the insurance company to ensure that your right to pursue compensation is protected. They will also aggressively advocate for your interests with the insurance company. Medical malpractice lawyers are familiar with how to meet evidentiary thresholds, present a compelling case, and push for the best deal possible.

Medical Malpractice Lawyers Will Find Expert Witnesses to Back Your Claims

The linchpin of most medical malpractice claims is the testimony of expert witnesses. Expert witnesses provide credibility to the plaintiff’s assertions. They are also critical to translating complex medical concepts into a digestible format for fact finders in a medical malpractice lawsuit. A medical malpractice attorney will have a vetted list of providers they can call on to provide accurate, comprehensible testimony.

A Medical Malpractice Lawyer Will Help You Follow a Treatment Plan 

As personal injury attorneys who specialize in medical malpractice, we understand the importance of pursuing the appropriate treatment for your illness or injuries. You don’t want to give the insurance companies any excuse to reduce your claim. If you delay going to see a provider after sustaining a medical malpractice injury, they may claim that you failed to mitigate your damages by allowing your injury to get worse. A medical malpractice lawyer will be able to help you avoid the common pitfalls of medical malpractice victims.

They’ll Handle the Legal Process so You Can Focus on Recovering 

While you are on the mend, your medical malpractice attorney will deal with inquiries from bill collectors and the defendant’s representatives. They will also meet paperwork deadlines, create a strategy to maximize your compensation, and keep you informed of any major developments in your case. Having a medical malpractice lawyer in your corner lends your claim an air of legitimacy, which can be beneficial when dealing with skeptical insurance companies.

Why Should I Choose Osborne & Francis to Represent Me?

Osborne & Francis specializes in negotiating medical malpractice claims. Our team has served Floridians for the past 7 years, working tirelessly to secure fair settlements for clients who have been injured by the negligence of a medical provider. As a result, we have become one of Florida’s premier personal injury law firms.

Our team has consistently and fiercely negotiated for maximum compensation for our injured clients, who will testify to our abilities. You should be able to trust your medical provider to perform the standard of care. If they let you down, you can depend on the medical malpractice attorneys of Osborne & Francis to have your back.

Contact Osborne & Francis Today to Talk to Our Team About Your Medical Malpractice Case

The medical malpractice lawyers of Osborne & Francis are well-equipped to take on the most challenging medical malpractice claim. Our expertise in this field of personal injury law and our relentless work ethic set us apart from other medical malpractice attorneys.

Our trial attorneys won’t be intimidated out of pursuing the maximum compensation for your damages, including medical bills, lost wages, and pain and suffering. If your medical provider has injured you by violating the standard of care, you should consider filing a medical malpractice claim to secure a fair settlement. 

The medical malpractice attorneys of Osborne & Francis are standing by, ready to help. You can reach us at (561) 678-0156 or contact our offices in Boca Raton or Orlando. Our team will set up a free consultation with one of our medical malpractice attorneys to review the specifics of your claim and offer pertinent legal advice.

E. Holland

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Dennis and the other Osborne & Francis staff were amazing! Our case was HUGE and required tender loving care. Everyone on our case did their part by putting all the puzzle pieces together. We were given step by step updates and put at ease when our nerves got the best of us. For every inquiry we made we received a timely response...You are appreciated!

Erica F.

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"Best personal injury attorney around, I could not be happier! I was seriously injured in a car accident and Osborne and Francis helped me through the entire process. I was blown away by how knowledgeable the staff and attorneys are at this incredible law firm. I would not hesitate to recommend this law firm to friends and family!"

C. Smith

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“I am so thankful for EVERYONE, the entire staff at Osborne & Francis Law, for mentoring me through the mediation process with my hip replacement failures. I didn't realize how MUCH pressure they relieved me of by helping me deal with the reality of this traumatic time in my life, as it was OVER so quickly with a positive result. My family is grateful to have their mom HAPPY & FOCUSED on the future, rather than worrying over what happened in the past! FAST FORWARD, we are LIVING LIFE to the fullest once again!”

T. Andrews

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“Attorneys Greg Francis and Ryan Fletcher at Osborne & Francis Law Firm represented me in my personal injury case.The defendant drew a line in the sand and was adamant on a settlement amount I was almost willing to accept. After the dust settled and the smoke cleared, we settled for 3 times that amount!!! When they say ‘Real Tough Lawyers,’ they mean it.”

J. Davis

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“I couldn’t have asked for a better lawyer/ firm — everything was done professionally exactly how I wanted. Due to COVID my personal attorney Mr. Garcia was still able to make things work in a timely manner and he never made me feel like he wasn’t working. Overall I’m happy with how my case turned out and I would recommend him and this law firm to anyone. 100% satisfied.”


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Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.

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