Orlando Medical Malpractice Attorney

Medical Malpractice Claims

When you get sick or suffer an injury, you have no choice but to trust your care to doctors, nurses, and other medical professionals. Usually, you are safe in their capable hands, but sometimes, they make careless mistakes and put you in grave danger.

If you are injured in the latter situation, you can trust Maaswinkel Law, P.A. to help you through this difficult time of your life.

What Is Medical Malpractice?

Medical malpractice occurs when a medical provider fails to act according to the recognized “standard of care” in their field, and a patient gets hurt as a result. To violate the standard of care, a medical professional must do something different than a colleague would have done in a similar situation. For example, if a surgeon operates on the wrong limb during a routine surgery, they can be found liable for medical malpractice because another surgeon would have operated on the correct limb under similar circumstances.



Ultimately, the standard of care is used to determine whether or not the doctor was negligent or careless. Medical malpractice is a claim based on medical negligence, and proving these types of claims can be extremely difficult.

Common Types of Medical Malpractice Claims

Whether you are receiving routine treatment or inpatient care, you can be the victim of medical malpractice.

Some common types of medical malpractice claims include:

• Misdiagnosis
• Delayed diagnosis
• Anesthesia errors
• Surgical errors
• Aftercare errors
• Medication errors
• Birth injuries
• Infections
• Premature discharge
• Inadequate training
• Improper use of medical devices
• And more



In many of these situations, medical providers fail to listen to their patient’s needs or ignore their medical history. Sometimes, mistakes happen while the patient is under anesthesia or undergoing surgery. Some medical errors are so severe that they are known as “never events,” or serious reportable events that should never happen. Examples of never events include performing wrong-site surgery, leaving foreign objects inside the body, and using contaminated drugs and/or medical devices.

How Long Do I Have to File a Medical Malpractice Claim?

Since medical malpractice injuries are not always discovered right away, the statute of limitations to file a medical malpractice claim works differently than other personal injury claims. According to Florida Statutes section 95.11(4)(b), you have two years from the date you were injured or in some cases, the date you discovered your injury to file a claim. If an injury victim is under the age of eight at the time of their injury, this statute of limitations may be extended. If you or a loved one have been the victim of medical malpractice, it’s imperative that you contact an attorney to understand your opportunities and to understand the statute of limitations for your specific circumstances.

Determining Liability

Although serious medical errors can occur in any healthcare environment, the standard of care is lower in emergency rooms or other high-stress situations. Still, some mistakes are unacceptable no matter where they happen. Because liability for medical malpractice is determined largely by the standard of care, we will need to recruit expert witnesses to help with your case.

Fortunately, Attorney Gregory C. Maaswinkel has been in practice since 1997 and has access to valuable connections and resources. Not only can we help you present the evidence of your claim, but we can also build your case by recruiting expert witnesses and fully evaluating both your injuries and the care you received.