Joe Osborne & Greg Francis, Personal Injury Lawyers & Founders of Osborne & Francis

Physicians Error Litigation

Legally Reviewed By
Doug Morris

Why Work with Physician Error Lawyers?

Helping clients seek justice and recover full and fair compensation for more than 50 years

Doctors are required to receive several years of education and training and complete rigorous board testing and certification. These requirements do not, however, make them immune to making mistakes or failing to uphold an acceptable standard of care. Unfortunately, physician errors often have devastating and long-term consequences for their patients.

Malpractice attorneys are your most powerful and resourceful ally when holding physicians accountable for their negligent actions. At Osborne & Francis Law, our physician error lawyers help clients understand their legal options and recover compensatory and punitive damages. These all combine to  help them move on in a favorable position following their injury.

For more information regarding your claim, please call (561) 293-2600 to schedule a free consultation. We can discuss the details of your case and help you choose the best course of action.

What Should I Do if I Think My Doctor Made a Mistake?

There is a stigma among physicians that often prevents open and honest communication between hospitals, healthcare professionals, and patients and their families. If you think your doctor may have been negligent in some aspect of your care, it is important to keep all health records and seek the advice of an experienced medical malpractice attorney as soon as possible.

A thorough investigation and examination of evidence is key to establishing grounds for a lawsuit and damages. It is also important to remember that not all mistakes rise to the level of negligence and lead to compensation. At Osborne & Francis, our reputable injury attorneys do whatever it takes to ensure your interests are protected, and you receive quality representation.

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 Damages Are Associated with Physician Errors Malpractice Lawsuits?

Economic and non-economic damages are associated with physician’s errors malpractice lawsuits. Injured patients often suffer debilitating and life-long bodily damage. The emotional toll of painful injuries can also be substantial.
The most common damages recovered include:

  • Full coverage of medical expenses, including long-term care and equipment
  • Loss of wages if the patient cannot work
  • Loss of future income
  • Pain and suffering damages
  • Emotional distress damages
  • Loss of enjoyment of life damages
  • Wrongful death damages
  • Loss of consortium damages

Every malpractice claim is different. Contact Osborne & Francis Law at (561) 293-2600 to discuss the details of your case.

What Types of Errors Lead to Malpractice Lawsuits?

We help clients understand what types of physician errors lead to malpractice and negligence claims

It is undoubtedly true that physicians are under tremendous pressure and stress. Hospital physicians, in particular, see dozens of new patients each day and follow up with established patients. However, this enhanced stress and workload do not excuse physician errors and negligence from liability.

It is estimated that anywhere from 60,000 to more than 90,000 deaths occur each year due to some form of medical error. Physician errors occur in a wide range of scenarios and result in numerous unnecessary and serious injuries and deaths. Our negligence attorneys routinely accept cases involving:

  • Failure to properly recognize symptoms and diagnose medical problems and conditions
  • Failing to order appropriate diagnostic tests
  • Improperly interpreting test results
  • Failing to communicate with nursing staff and other healthcare professionals involved in the patient’s case
  • Prescribing incorrect medication
  • Surgical errors such as using unsterilized equipment or operating on the wrong site
  • Failing to adhere to established standards of care

Regardless of what type of physician error led to your injury, you may be entitled to recover compensation for lost wages, medical expenses, and emotional distress.

Do Most Physician Error Lawsuits Settle?

Most physician error lawsuits settle out of court. According to a study, in a five-year period:

  • 70.5% of payments to claimants resulted from negotiations into a settlement
  • 21.1% of claims were settled by mediation or arbitration
  • 8.4% of claims were settled by private trial

Negotiations can be intimidating. Medical malpractice insurance companies are trained to settle claims for as little as legally allowed. The experienced physician error attorneys of Osborne & Francis Law can even the playing field with an insurance agent and negotiate a fair payout on your behalf.

The dedicated medical malpractice attorneys of Osborne & Francis Law have years of experience helping victims of physician errors. By utilizing our extensive medical and legal knowledge and vast resources, we have recovered millions in settlements and verdicts for our clients.

contact our office to speak to a lawyer.

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Why Do Most Physicians Settle Out of Court?

Physician error lawsuits are medically complex. It may take years before the case is settled by jury verdict. A lengthy court trial can disrupt a doctor’s career, costing them patients, opportunities, and the ability to build their practice.

In addition, a long legal process means a greater chance of the trial impacting their professional reputation. It is challenging to regain a physician’s reputation after a damaging malpractice lawsuit.

Court costs and defensive legal fees are high. Gathering defensive evidence can also become expensive over time. If a case can be settled within the first year, a doctor may spend an average of $10,000 in defense costs. On the other hand, when claims drag on for two years, the average defense costs jump to under $50,000.

In extreme cases, a claim that takes four years to settle in court averages over $195,000 in defense fees. If a physician loses in court, there is a chance the judge will have the defendant pay the claimant’s attorney fees.

Another reason most doctors settle out of court is to reduce the damage award. The payment value of a claim trends upwards the longer it takes to settle. If a physician error claim can be settled within the first year, the average payment is under $100,000. However, after four years, the average payment on a claim by verdict is over $1 million.

Why Do Injured Patients Settle Out of Court?

Often, the injured patient can recover damages much faster than a jury trial. When a physician’s error causes major harm, it can take months or years to recover. Patients may not be able to return to work or work at the capacity they once did.

The longer a trial drags on, the more a claimant is at risk of financial hardship. Medical expenses and lost income can increase to staggering amounts over time. Without the necessary funds, patients may not be able to get certain treatments and procedures. Settling a medical malpractice claim can allow a claimant to recover their losses quicker than through the full trial process.

Can Doctors Be Sued for Making a Mistake?

Generally, doctors cannot be sued for making a mistake that is not the result of negligence. Medical errors and medical negligence are very different. The distinguishing characteristic of malpractice is a deviation from the accepted standard of care.
The medically accepted standard of care depends on the specialty and training of the doctor. Generally, the standard of care refers to how a reasonably competent physician would act under similar circumstances.

For example, suppose a doctor prescribes a common medication and the patient suffers an unexpected adverse reaction. It is reasonable to assume that most doctors would have prescribed the same commonly used medication under the same circumstances.

However, if the doctor prescribed medication and failed to check the patient’s chart for allergens that led to the adverse reaction, then their actions could be considered unreasonable and possibly grounds for a negligence claim.

In addition, the extent of harm suffered by the patient can distinguish a medical error from malpractice. A patient must sustain injuries that are specific in nature.

For instance, a common physician error is misdiagnosing the patient. If the misdiagnosis does not result in any harm or minor injury, the mistake may not qualify for a malpractice lawsuit. However, if a misdiagnosis leads to significant organ damage or the spread of malignant cancer, the patient has suffered specific harm that is recoverable in a malpractice claim.

How Hard Is It to Prove Medical Malpractice?

Medical malpractice is very complex and often challenging to prove. To establish that a physician deviated from the medically accepted standard of care, a claimant must prove that a reasonable doctor with a similar background and under similar circumstances would not have made the same error.

What is considered reasonable can be very subjective in the medical community. Each medical case can have numerous variances, even under the same specialty. A physician error attorney with comprehensive medical knowledge is needed to effectively represent medical malpractice cases.

What is the average settlement for physician error claims?

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.”

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!”

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!"


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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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How Can I Contact a Medical Malpractice Attorney?

The dedicated medical malpractice attorneys of Osborne & Francis Law have years of experience helping victims of physician errors. By utilizing our extensive medical and legal knowledge and vast resources, we have recovered millions in settlements and verdicts for our clients.

We are proud to provide our clients with:

  • An individualized and personal experience of a boutique-style law firm
  • Compassionate service and aggressive representation 
  • Award-winning litigation skills

Our legal team is nationally recognized for its commitment to the community. If you or a loved one have suffered injuries resulting from physicians errors, call (561) 293-2600 to schedule a free consultation.

Frequently Asked Questions

What is the average settlement for physician error claims?

Finding the average settlement for physician error claims can be difficult due to the wide variety of specialties and injuries. A settlement may depend on various factors, including:

  • The severity of the injuries involved
  • The degree of negligence of the physician
  • The physician’s educational background and training
  • The amount of losses caused by the error 

A qualified attorney can help calculate such damages and negotiate for the appropriate settlement amount. Contact a lawyer to determine your recovery rights.

Do most physician error lawsuits settle?

Yes, the majority of physician error lawsuits settle. It is important to understand the difference between settlements and damages. Settlements are a monetary offer of compensation made to avoid a lengthy court process. Typically, the settlement amount will consider the total damages. Damages consist of economic and non-economic losses, including medical expenses, loss of future income, and pain and suffering.

How can a physician error lawyer help me?

After an injury, you may not be in the best place to handle the various requirements for a lawsuit on your own. A physician error lawyer can help you by:

  • Gathering the required information, documents, and medical records for trial
  • Researching the laws applicable to your case
  • Reviewing the circumstances and facts of your claim
  • Formulating a strong legal strategy
  • Arguing your case in court to obtain the proper remedy 

In many cases, the settlement or damages award you obtain may depend on the skill and experience of the attorney handling your case. It is highly advisable to select an attorney who has handled cases similar to yours.

What is the statute of limitations for physician error lawsuits?

The statute of limitations (filing deadline) for physician error lawsuits is two years. A patient must file a medical malpractice claim within 24 months of the injury or discovery of the harm. However, if the patient should have known about their injury sooner, the court may back up the onset date.

If you have been harmed by a physician’s error, it is important to speak to an experienced medical malpractice lawyer as soon as possible. Call (561) 293-2600 and schedule a free case evaluation with one of the esteemed attorneys of Osborne & Francis Law.