Apopka Medical Malpractice Lawyer

What Is Medical Malpractice?

Medical malpractice isn’t the same as a treatment that didn’t work or a recovery that took longer than expected. Medicine is complex, and even the most skilled providers can’t guarantee perfect results.

Medical malpractice happens when a healthcare provider fails to meet accepted medical standards and a patient is harmed as a result.

To bring a successful medical malpractice claim in Florida, your Apopka medical malpractice lawyers must show four elements: 

1. A Medical Relationship Existed

The provider must have been responsible for your care. This could be a doctor, nurse, hospital, pharmacist, or other medical professional who agreed to diagnose or treat you.

2. The Standard of Care Was Not Met

Every medical professional is expected to follow a basic standard of care, which is the level of skill and attention another qualified provider would have used in the same situation. 

If your provider ignored symptoms, rushed a decision, made a preventable error, or failed to act when they should have, that standard may have been violated.

3. That Mistake Caused Harm

It’s not enough for a mistake to exist. The error must be the direct reason you were injured, your condition worsened, or a loved one passed away.

4. You Suffered Real Damages

Finally, the harm must have led to measurable losses, such as:

• Medical bills and future treatment costs
• Lost income or reduced ability to work
• Physical pain and ongoing discomfort
• Emotional distress and loss of enjoyment of life
• In fatal cases, wrongful death damages for surviving family members

How Medical Mistakes Affect Patients in Apopka

With Apopka’s rapid growth as an Orlando suburb and a population now exceeding 60,000 residents, local medical providers serve a large and expanding patient base.

From the AdventHealth Apopka campus on Harmon Road to the many private clinics and urgent care centers throughout Orange County, our neighbors rely on these facilities every day.

In Florida, medical malpractice remains a serious issue, underscored by these facts:

• In 2023 alone, Florida saw over 1,217 medical malpractice cases filed, with payouts totaling nearly $389.4 million.
• A recent study placed Florida third in the U.S. for medical malpractice claims, reporting 5,600+ malpractice payments over five years, which is nearly 90% higher than the national average.
• Research from Johns Hopkins suggests that medical errors are the third leading cause of death in the United States, accounting for roughly 250,000 deaths each year.

Common Types of Medical Malpractice an Apopka Malpractice Lawyer Can Help You With

Medical malpractice can take many forms, and it doesn’t always involve just one dramatic mistake. Often, it’s a series of oversights, rushed decisions, or failures to follow basic safety rules. Our Apopka medical malpractice lawyers handle cases involving many types of preventable medical errors, including:

1. Misdiagnosis or Delayed Diagnosis

When a doctor misses the warning signs of a serious condition, such as cancer, heart disease, stroke, or infection, treatment may be delayed or never started at all. Lost time can allow an illness to worsen, spread, or become far more difficult to treat.

2. Surgical Errors

While surgery always carries risk, certain mistakes should never happen. These include operating on the wrong body part, damaging nearby organs, failing to control bleeding, or leaving surgical items like sponges or tools inside a patient’s body. These errors can lead to infection, internal injury, or even death.

3. Medication and Prescription Errors

Medication mistakes can occur at many points in care. A doctor may prescribe the wrong drug, overlook a dangerous interaction, or fail to review allergies. A nurse might give the incorrect dosage, or a pharmacy may fill the prescription improperly. 

4. Anesthesia and Sedation Errors

Patients who are sedated must be closely monitored. Failures to track oxygen levels, breathing, or vital signs during surgery or procedures can lead to oxygen deprivation, brain damage, coma, or death. 

5. Failure to Monitor or Respond to Changes

Some malpractice cases involve patients who were left unattended or ignored as their condition worsened. This includes failing to respond to abnormal test results, changes in vital signs, or clear signs of distress, infection, or internal bleeding.

6. Birth Injuries and Pregnancy-Related Errors

Childbirth requires careful monitoring and quick decision-making. Delays in responding to fetal distress, improper use of delivery tools, or mistakes during a C-section can cause permanent injuries to a baby or serious complications for the mother.

Even though we’ve outlined some of the most common types of medical errors, malpractice can happen in ways you might never expect, such as during routine procedures, simple treatments, or everyday doctor visits.

At Osborne, Francis & Pettis, our team brings decades of combined experience handling medical malpractice claims of all kinds. We’ve seen every type of error imaginable. No matter how small or unusual the incident may seem, we are ready to review your situation when you call us at (561) 293-2600 or fill out our online form.

How an Apopka Medical Malpractice Attorney Handles Your Case

Hospitals, clinics, and insurance companies often have extensive legal teams, strict procedures, and knowledge of Florida’s statutes that can make navigating a claim difficult for someone on their own.

When a mistake in your care turns into a battle with hospitals or insurers, you need a team that knows how to fight back. At Osborne, Francis & Pettis, we take on Florida’s toughest medical malpractice cases and refuse to back down

Here’s how we help level the playing field:

• Gathering Critical Evidence: Florida law requires thorough proof that a medical provider breached the standard of care and caused your injury. That means obtaining complete hospital records, lab results, imaging reports, internal communications, and other documentation that hospitals and clinics may resist sharing. 
• Hiring the Right Medical Experts: Florida malpractice cases require testimony from qualified medical experts in the same field as the defendant. Our attorneys have built a network of top-tier physicians, surgeons, and specialists who can clearly explain where mistakes occurred and how they caused harm. This is particularly important in Florida, where state law sets strict expert witness requirements under §766.102, and cases can hinge on establishing the standard of care and causation.
• Handling Complex Paperwork and Legal Deadlines: Florida malpractice cases have strict timelines, including a two-year statute of limitations from the date of injury (with some exceptions for minors or discovery rules). Failing to meet these deadlines or filing incorrect forms can jeopardize your claim.
• Negotiating with Insurance Companies and Hospitals: Insurance adjusters are trained to minimize payouts, often leveraging Florida’s statutory caps, like the $500,000 cap on non-economic damages for medical malpractice claims under §766.118(2). 

Osborne, Francis & Pettis is not intimidated by powerful hospitals, insurers, and institutions. We combine boutique-style attention with decades of experience and resources to deliver life-changing results, like the following:

• $4.5 Million Diagnosis Error: Permanent neurological injuries after a stroke was misdiagnosed and treatment delayed. Resolved before a lawsuit.
• $3.68 Million Surgery Error: Permanent brain injury in a minor due to an avoidable surgery and lack of proper postoperative care.

When others write it off, we step in and will put  every tool, every strategy, and every ounce of experience to work for you.

Next Steps After a Medical Error in Apopka

• Get Prompt Medical Care: If you don’t trust your current provider, seek a second opinion immediately. Early evaluation can preserve treatment options, stop conditions from worsening, and help establish a clear timeline for your case. 
• Request and Review Your Medical Records: You have the right to every note, test result, and report. Carefully review your records for errors or omissions, make copies, and store them safely.
• Document Your Experience: Keep a detailed journal of your symptoms, treatments, pain, and how your injury affects daily life. Follow your new doctor’s care plan—doing so strengthens your case by clearly linking the medical error to ongoing harm.
• Do Not Sign Anything: The hospital’s insurance company might offer you a quick settlement. Do not sign it or give a recorded statement until you have talked to a lawyer.
• Contact an Apopka Medical Malpractice Lawyer: Reach out as soon as possible. Bringing your medical records to your first consultation allows us to give you a thorough, accurate assessment of your options.

What Types of Compensation Can Apopka Medical Malpractice Attorneys Help Me Recover?

We know that money can't fix your health, but it can provide the resources you need to live a dignified life and take care of your family. In a lawsuit, we seek compensation for:

• Past and Future Medical Expenses: This includes the cost of the original (failed) treatment, as well as future surgeries, therapy, and home care.
• Lost Wages and Future Earning Capacity: If you can’t work because of your injury, we fight to recover the income you’ve lost and the money you would have earned in the future.
• Pain and Suffering: This covers the physical pain and the emotional toll the injury has taken on your life.
• Wrongful Death: If you lost a family member, we help you seek funds for funeral costs and the loss of your loved one's support and companionship.

Who Can an Apopka Medical Malpractice Attorney Hold Responsible?

In many cases, more than one person or business might be at fault. We look at everyone involved in your care to ensure all responsible parties are held accountable. This can include:

• Doctors and Specialists
• Nurses and Physician Assistants
• Hospitals (like AdventHealth Apopka)
• Surgical Centers
• Pharmacists
• Medical Device Manufacturers