Orlando medical
malpractice attorneys

When we go to the doctor or hospital, we trust that our health and safety come first. What happens when a doctor doesn’t listen to you and overlooks vital symptoms that could give a more accurate diagnosis? What happens when a nurse is careless when administering medications or monitoring their patients?

medical malpractice attorneys Orlando

When a medical error or misdiagnosis results in serious injury, it is considered medical malpractice. But, how do you know when a doctor hasn’t met the standard of care? Sometimes, we only find out we’ve been a victim of medical malpractice when it’s too late.

If you or a loved one suffered because you didn’t get the care you should have or were harmed by a medical professional’s mistakes, we can help. Our medical malpractice attorneys Orlando can give you answers and help you achieve peace of mind. Contact DWK Law today at (407) 244-3000 for a free consultation.

What should I do after experiencing malpractice in Orlando?

If you suspect medical malpractice in the diagnosis or treatment of a medical condition, it’s important to get a second opinion as soon as possible. The faster you get an accurate diagnosis, the more options you may have for treatment. We understand that you may not know what to do or where to turn when you realize that you’ve been misdiagnosed. You can start by doing the following.

1. Switch providers by asking for a referral

If you no longer trust your initial doctor, find one that listens to you. Ask for a referral from your current physician and get a second opinion on your initial diagnosis. You may need a referral to switch doctors and still be covered by your insurance or to see a specialist provider.

2. Obtain a copy of your medical records

Your medical records are yours, so request a copy from your doctor. Go over them carefully, noting any inaccuracies or omissions. Make copies of everything and keep them somewhere safe.

3. Meet with a medical malpractice attorney

Our skilled medical malpractice attorneys in Orlando can help you learn whether your case meets the threshold for malpractice or if it was a simple error. Bring your medical records with you to your first consultation so your lawyer has enough information to make an informed assessment of your claim.

It’s important to find a lawyer you trust, someone you feel comfortable disclosing your personal medical information to. Our compassionate legal team is here for you every step of the way, and we can guide you through the legal process while helping maintain your privacy and dignity.

4. Report the incident to the appropriate Licensing Boards

Here’s where you can report medical malpractice in Florida:

5. Manage your condition carefully

It’s important to continue seeking treatment for your injury or illness. If you’ve gotten a second opinion and exposed the misdiagnosis, be sure to carefully follow your new doctor’s instructions so you have a better chance for a positive outcome.

When you do so, you demonstrate the connection between the misdiagnosis or malpractice and your current condition. If you’re given a treatment plan by a subsequent physician, follow it. Otherwise, the defense may claim that your inaction made your condition worse.

What are the different types of medical malpractice?

Medical malpractice is when a medical professional breaches their duty of care for their patient, leading to harm and financial loss. Doctors have a code of professional ethics they must adhere to, but greed, understaffing, or bias can cause the physician to deviate from what the American Medical Association expects.

A breach of duty of care can take several forms.


Misdiagnosis is when you’re diagnosed with a medical condition you don’t have or not diagnosed with the condition you do have. It can also occur when you have a disease, but the doctor determines that you don’t have any type of concerning medical condition.

Misdiagnosis crosses into malpractice when your condition worsens because you didn’t receive the treatment you needed for the disease. Malpractice can also happen if you’re diagnosed with a condition you don’t actually have and so undergo unnecessary, painful, and invasive medical procedures.

Delayed diagnosis

A delayed diagnosis is just what it sounds like – a physician fails to diagnose a condition and instead tells you that you don’t have an illness when you do. The delay between your initial misdiagnosis and getting an accurate diagnosis could mean you miss the opportunity for early intervention that could have given you a better prognosis.

It can happen if a doctor fails to order the proper scans or tests or misinterprets the information presented by your lab tests or imaging. Delay in the diagnosis and treatment of caner can be actionable if the delay negatively impacts the outcome.

Negligent failure to treat

This could happen if a doctor has too many patients or doesn’t take the time to properly evaluate a patient. It may be common in emergency rooms, especially in facilities with staffing shortages. Or, it could happen if a doctor fails to refer a patient to a specialist or fails to recommend the proper follow-up treatments.

Surgical malpractice

Even carefully planned surgery carries a risk. If you need emergency surgery, the chaos can increase the risk of a dangerous mistake. 

Some common surgical mistakes that could be considered malpractice include:

  • Surgery on the wrong patient
  • Wrong site surgery
  • Performing an incorrect procedure
  • Unnecessary surgery
  • Damaging tissue or other organs during surgery
  • Leaving an instrument or supplies inside a patient
  • Using unsterile tools or equipment
  • Too much or too little anesthesia

Birth injuries

A birth injury is devastating. What should be the happiest day of your life instead becomes a nightmare. An inexperienced doctor, an emergency that arises during delivery – so many things can go wrong during delivery. 

Birth injury is any error during labor or delivery that harms the mother or child. This can include failure to perform a C-section, problems using forceps, or failure to detect fetal distress. In some cases, your baby could be left permanently brain-damaged or disabled. Worst-case scenarios lead to the death of the mother, her child, or both.

Poor follow-up/aftercare

After being diagnosed with an illness or after a medical procedure, you must follow certain steps to ensure a healthy recovery. Many of us aren’t sure what we can and cannot do after treatment, from physical activity to even what we should eat! That’s why we rely on easy-to-follow aftercare instructions and need access to our doctor in case we have questions, or a medical concern arises. 

If a doctor fails to provide appropriate follow-up or aftercare instructions, then you may not make a full recovery. Or, if you don’t receive the right post-surgical care, they could risk infection or damage to the injured area.

How can our attorneys help you prove malpractice?

Your medical records are a valuable piece of evidence for proving a malpractice case. The testimony of expert witnesses is another.

Our medical malpractice attorneys Orlando, will likely interview several respected medical professionals, asking them how they would have diagnosed or treated you. Your attorney may also analyze the facility safety, inspection, and personnel discipline records to see if there is evidence of oversight or neglect.

Orlando Medical Malpractice FAQs

The standard statute of limitations to file a medical malpractice claim in Florida is two years from the date of the incident. However, the statute could be extended to four years if the injury or misdiagnosis wasn’t immediately discoverable (common with misdiagnosis or delayed diagnosis). Because a statute of limitation period can be difficult to understand, you should contact an attorney immediately if you believe you have a claim.

Florida personal injury law allows you to seek compensation for your actual (economic) losses and your intangible (non-economic) losses.

Economic damages

This is the actual monetary damages you suffered, like:


  • Medical care to correct the malpractice or misdiagnosis
  • Prosthetics or modifications to your house or vehicle
  • In-home health care or caregiver services
  • Accommodations in a skilled nursing facility
  • Lost wages from time missed at work
  • Rehabilitative treatment, like physical therapy
  • Prescription medications
  • Mileage to and from medical appointments

Non-economic damages

Non-economic damages are the intangible losses you suffered due to the malpractice, including:


  • Pain and suffering from the initial injury or unnecessary medical treatments
  • Emotional anguish, especially if you realize that you could have had a better outcome if you’d gotten the right care immediately
  • Loss of companionship or consortium (damaged relationships)
  • Diminished quality of life



Any medical professional or facility that abandoned its duty of care to you can be liable in a medical malpractice case. Common defendants are:


Doctors who deviate from the standard of care for their profession, either by omission or error, may have committed malpractice. Your lawyer will likely call other medical doctors to testify about the steps they would have taken when presented with a patient in your situation, with your symptoms. If the doctor fails to meet the professional consensus, then they could be guilty.


Similar to doctors, nurses can commit actions that deviate from the accepted standards of practice, leading to injury or harm.


Too much or too little anesthesia can lead to lifelong health complications or serious trauma for a patient in surgery. Your doctor may use your medical records from surgery to prove you were incorrectly anesthetized.

Physician’s Assistant (PA)

A PA could fail to correctly follow the instructions of the doctor or nurse responsible for your care.


Giving the wrong medication or the wrong dosage can seriously harm or even kill a patient. Or, the pharmacist may not have ensured there were no harmful interactions between a new prescription and medications you’re already taking.

Medical device manufacturer or distributor

Any flaw, whether in the fundamental design or the manufacture of a medical device or equipment, may mean that the device company is liable for your injury.

Laboratory technician

A lab tech who mishandles samples could deliver inaccurate results. Doctors rely on accurate results from lab tests; if the tech doesn’t follow the proper handling or testing procedures, they could be liable.

Hospital or medical facility

Any medical care failure that is negligent in the hiring, supervision, or discipline of medical staff could be held liable if its mismanagement leads to patient harm. Another form of malpractice is failing to adhere to industry standards of cleanliness and sanitation, which could lead to dangerous outbreaks of infection and disease.

Most medical malpractice attorneys in Orlando, like the ones at DKW Law, work on a contingency basis, meaning they only collect fees if their client wins. This allows you to have access to high-quality legal representation without upfront fees. Our fees are a percentage of your final settlement.

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Do you suspect you’ve been a victim of medical malpractice or misdiagnosis? Are you full of questions or frustrated and unsure of what your rights are? Do you need help getting compensation for your losses? Contact Dellecker, Wilson, King, McKenna, Ruffier & Sos today at (407) 244-3000 for a free consultation with an Orlando medical malpractice lawyer. 

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