Casselberry Medical Malpractice Lawyer

Patients who walk through the doors of a hospital, clinic, or doctor’s office in Casselberry are placing enormous trust in the professionals charged with their care. Most of the time, that trust is well placed. But not always. Medical errors are far more common than most people realize, and the consequences can be devastating: permanent disability, worsened illness, or death.

A 2023 Johns Hopkins study estimated that 795,000 Americans die or are permanently disabled every year due to diagnostic errors alone. In Florida, misdiagnosis accounts for roughly 25 percent of all closed malpractice claims, with surgical errors and improper treatment accounting for much of the rest. Behind each of those statistics is a real patient and a real family who deserved better.

At Quattrochi & Torres P.A., our Casselberry medical malpractice lawyers represent patients and families who have been seriously harmed by negligent medical care. We understand the procedural complexity of these cases under Florida law, and we have the resources and commitment to pursue them effectively. If you believe you or a loved one was injured due to medical negligence, contact us today for a completely confidential, no obligation initial consultation.

What Qualifies as Medical Malpractice in Florida?

Under Florida Statute § 766.102, medical malpractice occurs when a healthcare provider deviates from the accepted standard of care and that deviation causes injury to a patient. Proving a claim requires establishing that a provider-patient relationship existed, that the provider’s conduct fell below what a reasonably skilled professional in the same specialty would have done, and that the deviation directly caused the patient’s harm. Common malpractice scenarios include:

• Failure to diagnose or delayed diagnosis of a serious condition
• Surgical errors, including wrong-site surgery and retained instruments
• Medication errors and improper prescriptions
• Birth injuries caused by obstetric negligence
• Anesthesia errors
• Failure to order appropriate tests or follow up on abnormal results
• Premature discharge from a hospital or emergency room

If any of these situations apply to your case, reach out to our team today.

Florida’s Medical Malpractice Process: What You Need to Know

Medical malpractice claims in Florida are among the most procedurally demanding of any civil case. Before a lawsuit can be filed, claimants must complete a mandatory pre-suit process governed by Florida Statute § 766.106. This requires serving a formal Notice of Intent to Sue on each prospective defendant, accompanied by a verified written opinion from a qualified medical expert of the same specialty who confirms that the provider’s care fell below the accepted standard. Once the notice is served, both sides have 90 days to investigate (during which the statute of limitations is tolled) before litigation may proceed.

The time limits that govern these cases are strict. Under Florida Statute § 95.11(4)(b), most medical malpractice claims must be brought within two years of when the injury was discovered, or when it reasonably should have been discovered. A hard four-year statute of repose applies in most cases, meaning that no lawsuit may be filed more than four years after the act of malpractice occurred, regardless of discovery. The only exception is fraudulent concealment by the provider, which can extend that outer limit to seven years.

Given these deadlines and the expert requirements that must be satisfied before suit is filed, contacting an attorney as early as possible is not just advisable. It is essential.

Compensation Available in a Florida Medical Malpractice Case

A successful medical malpractice claim can recover both economic and non-economic damages. Economic damages include past and future medical expenses, lost wages, and diminished earning capacity. Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium for affected family members. Where malpractice results in death, the personal representative of the estate may bring a wrongful death claim on behalf of surviving family members.

Unlike most Florida personal injury cases, medical malpractice claims still follow a pure comparative negligence standard under Florida law, meaning that a patient’s partial fault does not bar recovery, though it does reduce the amount awarded proportionally.

Medical Malpractice FAQs for Casselberry Patients

How long do I have to file a medical malpractice claim in Florida?

Generally, two years from the date the injury was discovered or should have been discovered, with an absolute outer limit of four years from when the malpractice occurred. These deadlines can be complex to calculate, particularly when an injury takes time to manifest. Do not wait to consult an attorney.

What is the pre-suit process and why does it matter?

Florida law requires that before filing a medical malpractice lawsuit, you must serve a formal Notice of Intent on every prospective defendant along with a verified expert opinion supporting the claim. This triggers a 90-day investigation period. Failure to follow this process precisely can result in dismissal of an otherwise valid claim.

Can I sue a hospital as well as an individual doctor?

Possibly. Hospitals and healthcare facilities may bear liability for the actions of employed staff, and separately for institutional failures such as inadequate staffing, failure to implement required protocols, or negligent credentialing of physicians. Each case requires careful review of who was involved in the patient’s care.

What does it cost to pursue a medical malpractice case?

We discuss fee arrangements during the initial consultation. There is no charge for that first conversation, and no obligation to retain our firm afterward.

Contact Our Casselberry Medical Malpractice Attorneys Today

At Quattrochi & Torres P.A., we take medical malpractice cases seriously because the stakes for our clients are serious. Our office is in Casselberry, and we represent clients throughout Seminole County and all of Central Florida. Contact us today for a completely confidential, no obligation initial consultation.