Orlando Medical Malpractice Attorneys

Orlando Medical Malpractice Lawyers


When medical mistakes happen in Orlando, they often involve more than one provider, more than one facility, and more than one insurance carrier. The city’s major hospital systems, Orlando Health, AdventHealth Orlando, and the specialty centers connected to each, treat millions of patients each year. 

Patients frequently move between emergency departments, inpatient floors, and specialist offices in a single episode of care. When a mistake occurs in that chain, legal responsibility is not always obvious. That’s where we come in.

The Fernandez Firm Medical Malpractice Attorneys have been handling these cases throughout Florida for more than 25 years, including lawsuits against Orlando-area physicians, the major hospital chains and health care networks. 

Our Orlando medical malpractice attorneys have recovered over $100 Million for injured clients. We understand how these institutions operate, how they protect their medical providers and how to hold them accountable. Medical negligence law is all we do. 

Our downtown Orlando office serves clients and families in Orange County and throughout Central Florida. The consultation is free, and we don’t get paid unless we win!

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What is the Fernandez Firm’s Track Record in Orlando Courts?

Excellent. Because we have tried and won medical malpractice cases here. Our largest single result was a $36.7 Million jury verdict against an Orlando physician whose medical negligence caused catastrophic brain injuries to a child at birth. That verdict was upheld on appeal by the Fifth District Court of Florida. 

That kind of result requires years of case preparation, credible medical experts, and a willingness to try the case –- including through post-trial appeal — rather than accept an inadequate offer.

Other medical malpractice results for our clients throughout Florida include:

  • $6.3 Million — Pediatric brain injury due to a health care provider’s failure to recognize signs of an evolving stroke.
  • $5.3 Million – Judgment after a jury verdict for a Lakeland-area woman whose calls for help from nursing staff after a fall in her hospital room were ignored, resulting in permanent nerve damage 
  • $4.25 Million — Settlement for a 45-year-old wife and mother whose impending stroke was misdiagnosed by multiple physicians in an Orlando-area hospital, resulting in devastating neurological injuries.
  • $2.6 Million — Verdict in the wrongful death of a young St. Petersburg mother caused by healthcare provider negligence, plus $550,000 in pretrial settlements with other providers.
  • $2 Million — Settlement for a Space Coast area wife and mother who suffered extensive damage to her heart due to surgeon’s errors during non-emergent cardiothoracic surgery.
  • $1.8 Million — Settlement for an elderly man who developed Stage IV bedsores during his residency at an Orlando nursing facility.  

Past results do not guarantee a similar outcome in your case.

What Types of Medical Malpractice Cases Do We Handle in Orlando?

We handle the full range of medical negligence claims in Orange County, including many cases other firms decline because of their complexity or cost to pursue. If a healthcare provider failed to meet the standard of care, the level of skill and attention a reasonably competent provider in the same specialty would have provided, and that failure caused your injury, resulting in injury to you or a loved one, we want to hear from you.

Cases we handle for Orlando and Orange County clients include:

Stroke Misdiagnosis 

Super Lawyers BadgeOrlando’s emergency departments see high patient volumes. In that environment, stroke symptoms can be overlooked or attributed to other causes. 

Every minute without treatment increases the risk of permanent brain damage and delays in the FAST protocol (Face drooping, Arm weakness, Speech difficulty, Time to call 911) by ER staff may constitute medical malpractice. Please note all these symptoms may not be present when a patient is suffering a stroke.  In medicine, “Time is Brain” is a critical concept highlighting that human brain tissue is rapidly lost as a stroke progresses without proper medical treatment.

Birth Injuries and Brachial Plexus Injuries 

Brachial plexus injuries occur when the nerves that control a newborn’s arm and hand are damaged during delivery, most often through excessive force or improper use of instruments. These injuries can affect a child for life. 

We handle cases involving brain damage from oxygen deprivation during labor and delivery, Erb’s palsy, cerebral palsy, and other birth-related negligence at Orlando Health Winnie Palmer Hospital for Women and Babies and delivery facilities throughout Central Florida.

Pressure Sores and Bedsore Negligence 

Severe pressure injuries, also called bedsores or decubitus ulcers, are almost always preventable.  When a patient in a hospital develops stage 3 or 4 pressure sore, it is typically a sign that the facility’s nursing and support staff negligently failed to turn and reposition the patient at least every 2 hours, monitor their skin condition, or respond to early warning signs of skin breakdown. 

We recover millions each year for patients injured by bedsore and pressure injuries.

Wrongful Death from Medical Negligence 

When a provider’s failure causes a family member’s death, Florida law allows certain surviving family members to pursue a wrongful death claim to recover medical costs, lost income, funeral expenses, and the loss of companionship and financial support the family depended on. 

Surgical Errors 

Judge's gavel surrounded by pills and medication bottles representing medication error malpractice claimsOperating room negligence at major Orlando facilities takes many forms including: brain injuries, organ or nerve damage, anesthesia mistakes, wrong-site surgery and retained instruments requiring multiple surgeries.  We represent patients harmed during procedures  at Orlando Regional Medical Center, AdventHealth Orlando, and surgical centers throughout Orange County.

Missed and Delayed Diagnosis 

Failure to diagnose or delayed diagnosis of stroke, cancer, heart attack, pulmonary embolism, or serious infection can turn a treatable condition into a permanent injury or wrongful death. When a provider dismissed your concerns or misread your results, that failure may be actionable negligence.

Additional cases we handle: Anesthesia errors, ER negligence, hospital negligence, nursing negligence, prescription and medication errors, failure to diagnose cancer, hospital-acquired infections, and cosmetic surgery malpractice.

How Do You Know If You Were Harmed by an Orlando Provider’s Negligence?

You may have a case if a healthcare provider failed to meet the accepted standard of care and that failure directly caused your injury. 

In Orlando, one complexity is that patients often receive care from multiple providers across multiple facilities, such as an independent emergency physician, a specialist employed by a medical group, a hospital nursing team, and it is not always clear which provider or entity is legally responsible for the negligent result.

This matters because most physicians treating patients at AdventHealth, Orlando Health, and other major Orlando systems are, in many instances, independent contractors, not hospital employees. Hospital liability in these situations often turns on whether a reasonable patient would have believed the doctor was a hospital employee at the time of their medical care and treatment.

A thorough investigation is necessary to identify every potentially liable party before your lawsuit can move forward.

Warning signs that negligence may have occurred include:

  • A condition that worsened after a procedure described as routine or low risk.
  • Prior symptoms you reported were dismissed or overlooked before a serious diagnosis was eventually confirmed.
  • A transfer between facilities followed by a significant change in your medical condition.
  • A loved one who developed severe pressure sore injury or an infection while admitted to a Central Florida facility.
  • A baby born with brain injuries or nerve damage after a complicated labor and delivery.

The only reliable way to know whether you have a claim for medical malpractice is to have experienced attorneys, like the Fernandez Firm, and an independent medical expert review the full record of your care.  In cases we handle, we do that at no cost to you.

If you believe an Orlando facility was involved in your harm, you can also file a complaint with the Florida Agency for Health Care Administration (AHCA), which licenses and regulates hospitals and Orlando nursing homes statewide. A complaint does not affect your right to pursue legal action.

You can verify the license and any prior disciplinary history of a Florida physician through the Florida Department of Health’s MQA Search Services before or after contacting our office.

Speak With an Orlando Medical Malpractice Lawyer, Free Consultation

 

Why Choose the Fernandez Firm for Your Orlando Medical Malpractice Case?

Because medical malpractice is the only area of law we practice, and because Orange County’s complex healthcare landscape requires the kind of focused preparation most general personal injury firms cannot provide.

Female doctor with stethoscope sitting behind judge's gavel symbolizing medical malpractice lawsuitOrlando’s hospital systems are large, vigorously defended, and experienced at managing liability. Most major hospital chains retain skilled insurance defense attorneys before a claim is even formally filed.  For over 30 years, we have litigated cases against nearly all of them.

When a case involves multiple providers or institutions, the defense will often point fingers between parties to minimize what any one entity owes. Identifying every liable party, gathering records across several medical systems, and retaining the right expert witnesses requires attorneys who practice this specialized area of the law every day.

Florida law makes these cases procedurally demanding before a lawsuit can be filed. Under Florida Statute §766, the mandatory pre-suit investigation process requires your attorney to investigate the claim, obtain a sworn medical expert opinion, and serve formal written notice on each defendant before a lawsuit can proceed in Orange County Circuit Court. The defendant then has 90 days to respond. 

Missing any step in this process can end your claim permanently.

When you hire the Fernandez Firm, Frank F. Fernandez, III, or Jennifer Gentry Fernandez will personally handle your case.  Your file will not be passed to an associate or managed by a paralegal or support staff.

Who Will Handle Your Orlando Medical Malpractice Case?

Frank and Jennifer Fernandez personally oversee every case the firm accepts statewide, including all cases filed in Orange County Circuit Court.

Frank F. Fernandez, III, has spent more than 30 years litigating medical malpractice cases throughout Florida.  He has been recognized by Super Lawyers for the past ten years in a row, named by Florida Trend Magazine as one of Florida’s Legal Elite and recognized as a Top Attorney by Tampa Bay Magazine

Mr. Fernandez has gone to trial against major hospital systems and insurance carriers across Florida, including in Orange County.

Jennifer Fernandez from Fernandez LawJennifer Gentry Fernandez. has litigated medical negligence cases, initially defending doctors and hospitals, later representing only patients and families, since 1994. She has been consistently selected by her peers as a plaintiff medical malpractice “Super Lawyer” since 2017 and has been named a Top Attorney by Tampa Bay Magazine numerous times. 

In September 2022, Frank and Jennifer were presented with the Florida Justice Association’s Jon Krupnick Guardian of Justice Award for perseverance and the relentless pursuit of justice. Jennifer and Frank bring the detail-focused case preparation these claims require, and the communication clients need while navigating one of the most difficult experiences of their lives.

Orlando Medical Malpractice FAQs

Real questions people ask once they realize a doctor wasn’t the one at fault.

If I received treatment at multiple Orlando hospitals, can I pursue claims against more than one?

Yes, and in Orlando this situation is common. A patient may be seen at an AdventHealth freestanding ER, transferred to Orlando Regional Medical Center, and then admitted to another facility. Each handoff in that chain is a potential liability point.

We obtain records from every facility and provider involved and identify which specific deviation caused the harm and which entity is responsible for it.

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

Under Florida’s statute of limitations, you have two years from the date of accident or injury to file a lawsuit. However, before you can file a medical malpractice lawsuit in Florida, the law requires that a qualified medical expert review the case and provide a sworn affidavit stating that the medical provider deviated from the applicable standard of care and caused injury.

If you or a loved one has been injured, please contact us with any questions as soon as possible so that we may have adequate time to investigate the matter and protect your rights.

The doctor who treated me at AdventHealth said he was my physician — can I sue the hospital or only the doctor?

It depends and possibly both. Many physicians at Orlando’s major health care facilities are independent contractors, not hospital employees. However, if a reasonable patient would have believed the physician was a hospital employee based on how the care was presented, the hospital may share liability for their medical negligence under Florida’s apparent agency doctrine.

I was visiting Orlando and don’t live in Florida — can I still bring a claim?

Yes. Florida law governs any medical malpractice that occurred in this state, regardless of where you live now. We represent clients who received negligent care while in Orlando and have since returned to their home states. Distance is not a barrier to pursuing your claim for full compensation for your injuries.

Does the Fernandez Firm have experience with Orange County courts?

Yes. We have filed and litigated medical malpractice cases in Orange County Circuit Court for over 30 years and are familiar with the local court process, judges and the defense firms that regularly represent Orlando-area healthcare systems.

What is the pre-suit investigation process, and how long does it add to my case?

Before any lawsuit can be filed in Florida, your attorney must complete a mandatory pre-suit process under Florida Statute §766. This involves investigating the claim, obtaining a sworn opinion from a qualified medical expert, and serving formal written notice on each defendant. The defendant then has 90 days to respond before a lawsuit can proceed in Orange County Circuit Court.

What damages can I recover in an Orlando medical malpractice case?

You may recover past and future medical expenses, lost wages, reduced earning capacity, pain and suffering, and loss of enjoyment of life. Wrongful death cases can also include funeral expenses, lost financial support, and loss of companionship.

How long does a medical malpractice case in Orange County typically take?

Most Florida cases take two to four years from initial investigation to settlement or verdict. Cases involving serious injuries, multiple defendants, or disputed liability often take longer. We provide a realistic timeline after reviewing your facts and give regular updates throughout the process.

Will my case settle or go to trial?

Many of our malpractice cases settle, but only because the defendants know that we are trial lawyers who prepare every case to be tried before a jury. We prepare every case for trial from day one.

If AdventHealth, Orlando Health or any Florida doctor or facility’s insurer will not offer fair compensation, we will take the case to trial before an Orange County jury.

What should I do right now to protect my malpractice claim?

Stop communicating with the health care provider or hospital about the incident without legal counsel present. Download and retrieve copies of all your medical records, imaging studies and injury photographs immediately through your patient portal and save them as a PDF.

Create a timeline of everything you remember, noting what happened and when and all conversations with staff. Do not sign any documents or accept any offers from a provider or insurer. And call us — the earlier we begin our investigation, the better your evidence will be preserved.

We Don’t Get Paid Unless You Win

You owe us nothing unless we win your case. No retainer, no hourly fees, no upfront costs.

We advance the costs of the investigation, expert witnesses, depositions, and court filings. Our fee is an agreed-upon percentage of your recovery, collected only when we win. If we do not recover for you, you owe us nothing.

The consultation is always free.

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Ready to Talk to an Orlando Medical Malpractice Attorney?

Orlando Medical Malpractice Lawyer Frank Fernandez
Frank Fernandez, Orlando Medical Malpractice Lawyer

If you or a loved one were harmed by a doctor, hospital, or healthcare provider in Orlando or anywhere in Orange County, let us review your situation at no cost. Whether you are a local resident or were harmed while visiting Florida, we are here to help.

Call (800) 222-8163 or contact us online. We are available 24 hours a day, 7 days a week.

Free Case Review — No Fee Unless We Win

The Fernandez Firm – Orlando Office
111 N Orange Ave #818,
Orlando, FL 32801
Phone: (407) 519-9308