Orlando Medical Malpractice: Case Worth?

by Tina Willis Law - Orlando on May. 23, 2016

Accident & Injury Medical Malpractice Accident & Injury  Wrongful Death 

Summary: How Orlando Med Mal Lawyers Evaluate Cases

Many people who were seriously injured at the hands of a Florida doctor are rightly outraged, and begin calling Orlando medical malpractice lawyers thinking they will quickly get an attorney on the phone, and might recover a lot of money from the doctor.

Sometimes, this is true.  However, Orlando medical malpractice lawyers unfortunately must decline the vast majority of cases.

The reason is that Florida's med mal statute is very pro-doctor.  And it discriminates against certain victims in wrongful death medical malpractice cases.

I've explained more about every seriously injured victim of medical negligence absolutely must have an medical malpractice attorney in Orlando, Florida on my website.  

Still, there definitely are certain types of cases that fall within the "good case" category, legally speaking.  Here's what those look like:

First, you must have been very seriously or catastrophically injured, for a med mal lawyer to pursue your case.  This is much different than car accident cases -- where the legal requirements for filing a lawsuit aren't nearly as onerous as they are for med mal cases.

If you were not seriously or catastrophically injured, you might as well not even bother calling lawyers.  You will be wasting your time. 

If you were seriously or catastrophically injured, then the next question is whether the medical records make clear that your doctor's actions fell below the standard of care.  This basically means that the doctor did something other doctors (or medical providers) wouldn't do.  

You have to remember, a doctor could do everything right, and someone could still suffer an injury or illness (after all, everyone eventually dies, or gets sick, and doctors can't change that reality).  In other words, you might have cancer through no fault of your doctor.  On the other hand, if your doctor missed a spot on your skin that was melanoma, at a time when the melanoma had not spread, that's a different story.

So, when deciding whether to pursue a lawsuit, a Florida medical malpractice lawyer first talks to the injured victim.  If, after talking to the person, the lawyer thinks there might be a case with legal merit, the medical malpractice lawyer will order and review medical records.  If, after reviewing the records, the lawyer still thinks that possibly the doctor or other medical provider did something wrong, then he or she will hire another doctor to review the records.  This is actually required because an Orlando medical malpractice lawyer can't file a lawsuit without a doctor's affidavit saying that your doctor did something wrong.

If you would like to have your Orlando or Florida medical malpractice case evaluated, please contact me.

Legal Articles Additional Disclaimer

Lawyer.com is not a law firm and does not offer legal advice. Content posted on Lawyer.com is the sole responsibility of the person from whom such content originated and is not reviewed or commented on by Lawyer.com. The application of law to any set of facts is a highly specialized skill, practiced by lawyers and often dependent on jurisdiction. Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances or may no longer be up-to-date to the extent that laws have changed since posting. Legal articles therefore are for review as general research and for use in helping to gauge a lawyer's expertise on a matter. If you are seeking specific legal advice, Lawyer.com recommends that you contact a lawyer to review your specific issues. See Lawyer.com's full Terms of Use for more information.