Altamonte Springs Medical Malpractice Lawyer

When Does a Medical Mistake Become Malpractice?

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, and that failure causes harm to a patient. It's not simply a bad outcome or an unsuccessful treatment. It's a preventable injury caused by negligence, carelessness, or recklessness.

The standard of care refers to what a reasonably competent healthcare provider in the same specialty would have done under similar circumstances. When a doctor, nurse, surgeon, or other medical professional falls below that standard and a patient suffers as a result, that patient may have grounds for a malpractice claim.

Medical malpractice can include:

• Misdiagnosis or delayed diagnosis of a serious condition;
• Surgical errors, including operating on the wrong site or leaving instruments inside a patient;
• Medication errors, such as prescribing the wrong drug or dosage;
• Birth injuries caused by negligent prenatal care or delivery;
• Anesthesia errors;
• Failure to order appropriate tests or follow up on abnormal results;
• Hospital-acquired infections due to unsanitary conditions or improper protocols; and
• Discharge of a patient too early or without proper instructions.

These errors can result in worsened conditions, permanent disability, the need for additional surgeries, and, in the most tragic cases, death.

Real Cases: Examples of Medical Malpractice Injuries

In this video, Osborne & Francis attorneys discuss real examples of medical malpractice that cause injuries, including surgical errors, diagnostic failures, and test-related injuries.

Medical malpractice injuries vary widely, but they share one thing in common: they were preventable. Some of the cases our firm has handled involve:

• Surgical Errors. Our attorneys have represented families where a surgeon punctured an organ during an operation, leading to the patient's death. In other cases, unnecessary procedures caused permanent damage.
• Diagnostic failures. Conditions like stroke, cancer, and heart disease require prompt treatment. We've helped clients whose symptoms were dismissed until it was too late.
• Errors during tests and procedures. Ruptured colons, perforated organs, and internal bleeding are injuries we've seen result from improperly performed colonoscopies, cardiac catheterizations, and biopsies.
• Failure to treat. Sometimes the diagnosis is correct, but the treatment never arrives or arrives too late. Delays in administering medication or inadequate follow-up care can lead to preventable harm.

Signs You May Have a Medical Malpractice Claim

Not every complication is malpractice. But if you experienced unexpected harm after treatment at an Altamonte Springs hospital, surgical center, or physician's office, ask yourself:

• Did your condition worsen unexpectedly?
• Did another doctor express concern about the care you received?
• Were warning signs or test results ignored?
• Did you receive the wrong medication or a procedure you didn't consent to?
• Did a preventable infection develop after surgery?

If any of these sound familiar, have your case reviewed by an experienced Altamonte Springs medical malpractice attorney who can consult with medical experts and examine your records.

When you suspect negligence and you're not getting straight answers, Osborne & Francis can help. Call (561) 293-2600 to speak with an Altamonte Springs medical malpractice lawyer, or send a secure message for a confidential case review.

Who Can Be Sued for Medical Malpractice?

Medical malpractice cases can involve multiple responsible parties. Depending on the circumstances, you may be able to pursue a claim against:

• Doctors and surgeons who fail to diagnose accurately or perform procedures competently.
• Nurses and medical staff who administer wrong medications or fail to alert physicians to deteriorating patients.
• Hospitals and medical facilities are liable for employee negligence or systemic failures, such as inadequate staffing or faulty equipment.
• Anesthesiologists whose dosing errors can cause brain damage, cardiac arrest, or death.
• Specialists, including radiologists who misread imaging or pathologists who misidentify tissue samples.
• Pharmacists who dispense incorrect medications or miss dangerous drug interactions.
• Dentists and oral surgeons who cause nerve damage, improper extractions, or fail to diagnose oral cancers.
• Chiropractors whose improper adjustments result in spinal injuries, strokes, or worsened conditions.
• Podiatrists who misdiagnose foot and ankle conditions or perform negligent surgeries.
• Optometrists and ophthalmologists who fail to detect glaucoma, retinal detachment, or other serious eye conditions.
• Nursing homes that fail to train staff or respond to medical emergencies.

Identifying all responsible parties is essential. Our Altamonte Springs medical malpractice lawyers investigate every case to uncover who is at fault and pursue every avenue for recovery.

Medical Malpractice in Florida: A Growing Problem

Florida leads the nation in medical malpractice claims. In 2024, the state reported 670 claims—more than any other state—with an average payout of $304,253. 

According to a report from the Florida Office of Insurance Regulation, hospital inpatient facilities were the most common location for claims.

These numbers represent real families whose lives were changed by medical negligence. For patients in Altamonte Springs and Seminole County, medical errors occur in local hospitals, outpatient centers, and private practices more frequently than most people realize.

"Too many families come to us after being told that what happened was just an unfortunate outcome. When we review the records closely, we often find clear evidence of negligence that could have been avoided. Florida patients deserve better, and we're committed to holding providers accountable."

— Greg Francis | Osborne & Francis

What Compensation Can an Altamonte Springs Malpractice Lawyer Recover for You?

Medical malpractice injuries can result in significant financial, physical, and emotional losses. A successful claim can help you recover compensation for:

Corrective and Ongoing Medical Care

When a healthcare provider's negligence causes harm, patients frequently need additional surgeries, extended hospital stays, or specialized rehabilitation to address injuries that should never have occurred. 

Compensation can cover past medical bills as well as the cost of future treatment, including follow-up procedures, physical therapy, home health aides, and adaptive medical equipment.

Lost Income and Diminished Earning Capacity 

A serious malpractice injury can keep you out of work for weeks, months, or permanently. You may be entitled to recover the wages you've already lost, as well as compensation for reduced earning potential if your injury prevents you from returning to your previous career or limits the type of work you can perform.

Physical Pain and Emotional Trauma 

Beyond the financial costs, malpractice injuries usually involve chronic pain, disfigurement, loss of mobility, or the psychological toll of trusting a medical provider who caused you harm. 

Compensation can account for the physical suffering you've endured and the anxiety, depression, or trauma that followed.

Loss of Consortium 

When a malpractice injury strains your relationship with your spouse or family, whether through physical limitations, emotional distance, or the demands of caregiving, Florida law allows your loved ones to seek compensation for the loss of companionship, affection, and support.

Wrongful Death 

If your family member died as a result of medical negligence, you may be entitled to compensation for funeral and burial costs, the loss of their financial contributions to the household, and the profound emotional impact of losing someone due to a medical provider's negligence.

Punitive Damages

In cases where a healthcare provider acted with gross negligence or reckless disregard for patient safety, Florida courts may award punitive damages. 

These go beyond compensating the victim and are intended to punish egregious conduct and send a message to the medical community that such behavior will not be tolerated.

A national survey by Martindale-Nolo found that victims who hired a personal injury attorney recovered nearly three times more compensation than those who pursued claims alone. At Osborne & Francis, our results reflect those findings.

Our Medical Malpractice Case Results

Our Altamonte Springs medical malpractice lawyers have secured substantial results for clients harmed by medical negligence. Here are some examples:

• $4.5 Million—Diagnosis Error: Emergency Department staff failed to diagnose a stroke and delayed clot-busting medication, leaving our client with permanent neurological deficits.
• $3.8 Million—Surgery Error: A contraindicated surgery caused permanent brain injury to a minor child. Physicians failed to recognize her worsening condition and delayed treatment for a brain infection.
• $3.2 Million—Failure to Diagnose Stroke: Medical providers failed to diagnose and treat an impending stroke in a timely manner. Our client suffered significant physical and emotional injuries as a result.
• $2.75 Million—Hospital Negligence: Our client suffered brain damage after being left unattended on a psychiatric unit during a mental crisis. The settlement will support his future care needs.

Is There a Deadline for Bringing a Medical Malpractice Claim in Altamonte Springs?

Florida law imposes strict deadlines for filing medical malpractice lawsuits. If you miss these deadlines, you may lose your right to seek compensation entirely.

The General Rule: Two Years 

In most cases, you have two years from the date the malpractice occurred, or from the date you discovered (or should have discovered) the injury, to file a lawsuit.

The Four-Year Limit 

Florida also has a statute of repose, which sets an absolute deadline of four years from the date of the malpractice. Even if you didn't discover the injury until later, you generally cannot file a lawsuit more than four years after the incident.

Exceptions to the Rule

• Fraud or concealment. If a healthcare provider intentionally hid the malpractice or misled you about your condition, the deadline may be extended to two years from the date you discovered the concealment, and the statute of repose may extend to seven years.
• Minors. For children under eight, the statute of limitations may be extended until the child's eighth birthday, depending on when the injury was discovered.

Presuit Requirements 

State law also requires that you provide notice to the healthcare provider before filing a lawsuit. This begins a 90-day investigation period during which the statute of limitations is paused.