Medical Malpractice FAQs

Medical Malpractice FAQs

Frequently Asked Questions About Medical Malpractice Lawsuits in Florida

Answers from experienced Boca Raton medical malpractice attorneys

Medical malpractice is a complicated and subjective part of Florida law. The medical lobby has convinced the Florida legislature to make it increasingly challenging for the victims of medical negligence to recover the compensation they deserve. You need an aggressive and experienced Boca Raton medical malpractice attorney to recover the full and fair compensation for the harms you have suffered. At Osborne & Associates Law Firm, P.A., we specialize in representing negligence victims in their pursuit of compensation and accountability.

Schedule a free initial consultation to discuss your opportunities to recover compensation with a leading Boca Raton medical malpractice attorney

At Osborne & Associates Law Firm, P.A., we serve client throughout Palm Beach, Broward and Dade counties. Our Boca Raton medical malpractice attorneys provide free initial consultations to answer all your questions about your legal options. You can make an appointment by calling us at (561) 293-2600 or contact us online.

Can a case be reopened after it is settled?

It is generally impossible to reopen a case once you sign a settlement. That is why it is important for you to not sign anything or make any statements to the doctor’s representatives before you speak with an experienced Florida medical malpractice attorney.

Do only doctors commit medical malpractice?

There is a common misconception that only doctors can commit medical malpractice and be held accountable for it. The truth is that any person or entity the provides health care (including nurses, technicians, therapists, physician assistants, etc.) can commit medical malpractice.

Is a misdiagnosis automatically malpractice?

No, a misdiagnosis is not always grounds for a medical malpractice claim. Errors in diagnosis become grounds for a lawsuit when the physician was negligent or careless in their diagnosis of a patient. Their obligation is to do what a reasonable doctor to do with a patient in the same situation.

How long will my case take?

There is no time limit on how long a case can last. It generally takes anywhere between 1-3 years for a settlement to be reached or for a case to go to trial. This depends on the type of evidence available, court delays and the willingness of the defendant to agree to a reasonable settlement.

What is the statute of limitations for a medical malpractice claim?

The statute of limitations on medical malpractice claims is generally two years from the day that the harm occurred. There are some exceptions. The most notable exception is that juveniles have two years from their 18th birthday to file a lawsuit.

How do I know whether I have grounds for a medical malpractice lawsuit?

Medical malpractice is often subtle and can be difficult to prove. The basis for a case is that the medical professional must have caused you harm by not living up to their duty of care to their patient. Your best course of action is to take advantage of a free initial consultation with our Boca Raton medical malpractice attorneys if you have any questions about whether you have a claim.

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.

contact our office to speak to a lawyer.

do you still have questions?


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!”

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.”

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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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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Frequently Asked Questions