Legally Reviewed By
Doug Morris

Why Do You Need a Medical Malpractice Lawyer?

A medical malpractice attorney can help negotiate with insurance companies, fully investigate the circumstances of your injury, and hold all parties accountable. Let us do the work to secure the resources you need to move forward with dignity.

Healthcare workers must meet high standards for their patients because the stakes can be life-and-death. If your needs were not met, and you or a loved one were injured due to negligence, you deserve justice.

Medical malpractice is a broad area of law that encompasses various kinds of healthcare failure, including surgical errors, hospital errors, and pharmaceutical errors.

We at Osborne & Francis have included some introductory facts about medical malpractice below, including what you should expect from your attorney, and how a settlement can help you and your family recover.

If you need more specific information or need to speak with legal counsel directly, contact us online or call our Florida offices right away at (561) 293-2600 today.

Video Transcript

So you've been in a car accident. What happens next? There are many things that you should do but here are the three most important:

Number One: See a doctor immediately. 

A broken bone is easy to see, but some injuries are not. The most common injuries from car accidents happen in the neck, back, or head. The only way to diagnose and treat them is by seeing a doctor. A doctor can help ease the pain, provide medication, reassure you of how your injury may impact your daily life, and tell you what not to do to make it worse.

A visit to the doctor can also give you legally protected time off to recover and rest your body after an accident, and it documents and provides the evidence you may need for your case. Even a five-mile-per-hour car accident can cause a serious injury. So whether you've had a severe accident or a minor collision, see a doctor. And if you don't have medical insurance, let us know and we'll make sure that you receive the proper care. 

Number Two: Write everything down.

Even if it seems small, during times of stress or injury it is common to forget the little details. Make sure you keep note of the pain that you're in. With neck, back, and head injuries, sometimes simple activities such as walking up the stairs or picking up a toddler may cause severe pain. 

You may not be sleeping well at night. Documenting how much you sleep and how often you wake up due to pain is also very important. And lastly, if you have any cuts or bruises, take daily photos as you heal. This will provide visual evidence of the injuries that you've suffered. 

Number Three: Do not speak to an insurance company until you've spoken to a lawyer.

Please understand that the insurance adjuster works for a billion-dollar corporation and not for you. Their interests are solely for their insurance company, and their goal is to provide you with the least amount of financial settlement as quickly as possible. When you do speak with them, remember they will record the conversation. Why do they do this? Because they've been trained to ask questions that may confuse you. So talk to us before you talk to them. 

So remember: See a doctor, document everything, and call us before calling the insurance company for your free private consultation. We are here for you. Real tough lawyers fighting real tough issues.

What Is the Average Payout for Medical Negligence?

There is no single number or range that accurately describes an “average” settlement for medical negligence or malpractice. That being said, Osborne & Francis has a proven track record of securing million- and billion-dollar verdicts and settlements. We will do everything in our power to pursue the maximum amount of damages available in your case.

Medical malpractice settlements and damages awards may cover:

  • Medical bills and long-term or rehab treatments as needed 
  • Lost wages and job-related benefits, as well as missed advancement opportunities
  • Pain and suffering costs to your physical vigor or psychological well-being
  • Punitive damages, which are payments charged to wrongdoers that are then awarded to you
  • Wrongful death losses, including the economic cost of burial and lost earning capacity, as well as the human cost of losing a spouse, parent, or child

While many injuries and losses can never be reversed, a settlement for a medical malpractice injury can help you access proper medical treatment, and possibly help secure the financial health of your family.

Do not hesitate to reach out for legal help from Osborne & Francis as soon as possible — it could make a vast and positive difference in your life.

contact our office to speak to a lawyer.

do you still have questions?


What Are the Benefits of Hiring a Medical Malpractice Lawyer?

The three key benefits of hiring a medical malpractice attorney are: experience, professional insight, and peace of mind.

1. Experience

Every individual has the right to represent themselves in a court of law, but many do not have the time, knowledge, or experience needed to secure the best outcome. Here are the facts:

  • You are 91% likely to take home a settlement if you are represented by an attorney, compared to a mere 51% likelihood of any payout if you go in alone.
  • Represented settlements average 300% higher than self-handled settlements in personal injury cases.
  • A well-versed lawyer knows how to meet strict deadlines associated with filing lawsuits. If you miss even one due to a lack of experience in how to meet court requirements, you could lose your chance for compensation entirely.

When you hire an attorney, you gain the benefit of their tried-and-trusted experience. At Osborne & Francis, we have decades of proven results, multiple attorneys with their own dedicated concentrations, and a full staff to make sure your case is handled with accuracy.

2. Professional Insight

A professional attorney has critical, up-to-date insight on the multiple intersecting areas of law your case may fall under. Medical malpractice encompasses the poor or improper performance of any medical professional, including surgeons, doctors, dentists, nurses, pharmacists, and hospital or clinic staff.

The most common medical malpractice cases include (but are not limited to):

  • Surgical errors: Wrong-side, wrong-site, and wrong procedure errors are inexcusable lapses in professionalism. A mistake in surgery could mean a higher risk of infection, unnecessary pain, and an untreated original injury that worsens due to delay in care.
  • Birth injuries: Injuries during birth can affect mother and child. However, the harm done to infants is particularly horrifying, as brain injuries or neonatal negligence can rob a child of a rich, full life.‍
  • Hospital negligence: Errors made by physician assistants, administrative staff, or janitorial workers that lead to patient injury. Such errors may be pursued under medical malpractice law to compensate the injured, and prompt improvements in hospital management.‍
  • Failure to diagnose: An overlooked condition or misdiagnosis can lead to increased pain, harm, and even a fatal loss of life that could justify a wrongful death suit.‍
  • Pharmaceutical errors: Improper prescriptions, incorrect dosages, or administration mistakes are all examples of medication errors that can cause significant injury. Damages for these errors may be pursued in a medical malpractice case.

Another separate yet overlapping area of medical injury comes from defective medical devices. If a healthcare professional knowingly or negligently uses a harmful device on a patient, causing injury, a medical malpractice case may get more complex.

When appropriate, an experienced medical malpractice attorney from Osborne & Francis can pursue two or more actions related to the same injury. For example, one suit may be brought against a practitioner for improper care, and another against the manufacturer of a defective medical product. This opens up all accessible avenues for compensation, which improves your ability to have all of your injury costs (and future care needs) fully covered.

3. Peace of Mind

One of the most valuable services we provide to our clients is peace of mind. For you, that means our lawyers and staff do the work of building a case, while you and your loved ones rest and recover.

Peace of mind also means that we keep you regularly updated on the status of your case, and are available to answer any questions you may have throughout the process.

Medical malpractice lawsuits can last anywhere from several months to multiple years. We will see your case through to a satisfactory end no matter what is required (mediations, negotiations, or full trials). With our lawyers by your side, you need not put your life on hold while the wheels of the justice system turn.

There are objective financial advantages to hiring an attorney for medical malpractice cases, as well as emotional and psychological benefits. In multiple ways, the right attorney can vastly improve your present well-being and future results.

Empower the medical malpractice lawyers at Osborne & Francis by contacting us today — let us meet legal deadlines on your behalf, so you can focus on healing in peace.

What Should I Look for When Hiring a Medical Malpractice Attorney?

Essential questions to ask when choosing a medical malpractice attorney include:

  • Relevant case results: Has this attorney won previous cases similar to yours? Were those clients adequately compensated?
  • Cost of service: Does this attorney require you to pay upfront, or do they work on a “contingency fee” basis? Osborne & Francis operates under a contingency fee system, meaning that we are only paid our fee if we secure a recovery in your case.
  • Recent trial experience: Does this lawyer regularly go to trial? Are they willing to see your case through a full trial if necessary for justice?

At Osborne & Francis, we are proven trial attorneys with record-breaking case results. We have the necessary background in multiple areas of medical malpractice — from birth injuries to defective implants to surgical and medication errors. We invest in your case upfront, and are not paid for our services until we have earned a win for you and your family.

What are “never events” in medical treatment?


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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.

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!

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!”

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.”

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!"

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.”

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How Do I Know I Have a Case? Contact a Proven Attorney

Don’t hesitate or second-guess yourself at this critical time — if you think you may have a medical malpractice case, contact Osborne & Francis attorneys right away at (561) 293-2600 for a free case evaluation.

It’s recommended that you seek legal advice as soon as possible after you are medically stable, or right away if you are acting on behalf of a loved one. One phone call can quickly advise you of immediate actions you can take to protect yourself, and lead to rapid legal representation.

The sooner you call a lawyer, the sooner we are able to gather evidence on your behalf before it becomes degraded or disappears. We can also communicate with hospital or insurance reps so you don’t have to, and ensure they cannot mislead you into waiving any of your rights.

Osborne & Francis is a law firm located in Florida, and we leave no stone unturned for our clients. Let us do the work while you and your loved ones recover.

Frequently Asked Questions

What are “never events” in medical treatment?

In the practice of medicine, “never events” are so-called because they should never happen. Injuries caused by leaving surgical gauze or tools inside a patient, for example, are 100% preventable if a surgeon and their OR team are fully competent and thorough.

Other examples include wrong-side and wrong-site surgeries, being prescribed or administered incorrect medication, being given the wrong amount of medication, mismatched blood transfusions, and the development of pressure ulcers.

If you’re harmed due to such preventable mistakes, you are entitled to compensation under the law.

What is the difference between medical negligence vs. recklessness?

The main differences between cases of medical negligence and recklessness largely involve matters of intention and knowledge.

  • Medical negligence could be accidental, such as leaving a surgical sponge in a patient's body. Negligence could also include failures in training hospital staff, failure to have enough staff to meet patients’ needs, or a failure to properly monitor or follow up with a patient.
  • Medical recklessness could meet the standards of a crime. For example, a surgeon who knows he or she is drunk or has a hangover before surgery may be considered "reckless" under the law. A doctor who refuses to treat a patient in need because they can’t pay for treatment right away could also be criminally charged. Sexual assaults on patients may fall under reckless behavior, and perpetrators could be held both criminally and civilly liable.

Regardless of whether the person or entity that injured you is charged or convicted of a crime, our attorneys can help you hold them accountable through a civil suit for damages.

What experience does Osborne & Francis have in medical malpractice cases?

Successful medical malpractice results from Osborne & Francis include:

  • A result of over $1 billion secured with the help of Joe Osborne on the steering committee for suits regarding a defective medical device (the Rejuvenate modular neck device)
  • A settlement of $9.475 million secured against Bayer Pharmaceuticals regarding Trasylol—a medication intended for heart surgery patients that they continued to sell after it was found to have potentially fatal side effects
  • A $2 million verdict over the defective Kinectiv Technology hip implant manufactured by Zimmer

All of your losses, including emotional and psychological harm, deserve to be fully covered after a medical negligence injury.

How long do I have to file a medical malpractice lawsuit?

In Florida, where Osborne & Francis has two office locations in Boca Raton and Orlando, the deadline to file a medical malpractice case is usually 2 years from the date of the injury (or 2 years from the day the injury was discovered or diagnosed).

Each state has its own statute of limitations for medical malpractice cases that can range anywhere from 1-10 years. There may be exceptions to these deadlines depending on the type of injury, the age of the patient at the time of the injury, or whether the malpractice was intentionally covered up.

The clock starts ticking right away after your injury. For that reason, it is essential that you contact Osborne & Francis at (561) 293-2600 before your time runs out. Consultations are free and confidential — let us meet critical legal deadlines on your behalf, so you and your family can heal in peace.