Suffered Harm from Medical Negligence?
When a healthcare provider's negligence causes you harm, you need more than just a lawyer — you need a determined advocate who understands Florida's complex medical malpractice laws. At Maaswinkel Law, we combine deep local knowledge with thorough trial preparation to pursue the full compensation Florida law allows.
Serving injured Floridians since 1997
Orlando-Based Medical Malpractice Attorney
When Medical Negligence Harms You, Trust Maaswinkel Law to Fight.
When a healthcare provider’s negligence causes you harm, you need more than just a lawyer — you need a determined advocate who understands Florida’s complex medical malpractice laws. At Maaswinkel Law, we combine deep local knowledge with thorough trial preparation to pursue the full compensation Florida law allows.
Practicing Since 1997
Founding attorney Greg Maaswinkel has represented injured Floridians since 1997.
Contingency Fee Basis
Fees and costs are explained in writing before you hire us.
Local & Responsive
Based in Orlando, we know the courts, the healthcare systems, and their insurers.
Personalized Service
You’ll always talk to your attorney, not a call center, about your injury claim.
Common Medical Malpractice Injuries & Damages
Medical negligence can lead to devastating and often preventable injuries, significantly impacting a patient’s quality of life and future.
- Wrongful death due to medical error
- Worsening of existing conditions
- Misdiagnosis or delayed diagnosis of serious illness
- Birth injuries (cerebral palsy, Erb's palsy)
- Surgical errors (wrong-site surgery, retained instruments)
- Medication errors or adverse drug reactions
Failure to Diagnose and Misdiagnosis in Orlando
When a doctor misses, delays, or gets a diagnosis wrong, a treatable condition can turn life-threatening. Failure to diagnose is one of the most common — and most serious — forms of medical malpractice, because the patient loses time that could have protected their health or saved their life.
Not every missed diagnosis is malpractice. Under Florida law, the question is whether a reasonably careful provider, facing the same symptoms and test results, would have caught it, and a qualified medical expert must confirm the provider fell below the standard of care before a claim can move forward (Fla. Stat. § 766.102). Conditions that are frequently missed or caught too late include:
- Cancer — breast, lung, colon, and skin cancers are frequently diagnosed late
- Heart attack, often mistaken for anxiety or indigestion
- Stroke, especially in younger patients
- Infections and sepsis
- Blood clots and pulmonary embolism
Anesthesia Errors in Orlando
Anesthesia keeps you safe and pain-free during surgery, but it leaves almost no room for error. A mistake in the dose, timing, or monitoring can cause brain damage, organ injury, or death within minutes, which is why anesthesia care is held to a strict standard.
Responsibility may fall on the anesthesiologist, the nurse anesthetist (CRNA), or the hospital, depending on who made the error and how they were supervised. As with any Florida medical malpractice claim, a qualified expert must confirm the provider breached the standard of care before you can file (Fla. Stat. § 766.102). Common anesthesia mistakes include:
- Giving too much or too little anesthesia
- Failing to monitor oxygen, heart rate, or blood pressure during surgery
- Not reviewing a patient’s medical history, allergies, or medications
- Intubation errors that block or damage the airway
- Anesthesia awareness — waking or feeling pain during surgery
- A delayed response when vital signs drop
The Maaswinkel Law Difference
What We Fight to Recover:
- Extensive past and future medical expenses
- Pain and suffering, mental anguish, loss of enjoyment of life
- Disfigurement or permanent disability
- Loss of earning capacity or lost wages
- Adaptive equipment & long-term care costs
- Punitive damages (in cases of gross negligence or intentional misconduct)
Not sure what you can claim? Contact our Orlando medical malpractice attorney now — we’ll help you understand what your case is worth.
What to Do If You Suspect Medical Malpractice in Orlando
Acting early protects both your health and your right to a claim. If you think a medical error harmed you, take these steps:
Request your complete medical records
Ask for all records, charts, and test results in writing.
Get an independent second opinion
Have another qualified provider review your diagnosis and treatment.
Write down what happened
Note dates, providers, symptoms, and conversations while they're fresh.
Don't sign releases or give recorded statements
Talk to a lawyer before responding to the provider or its insurer.
Keep following your treatment plan
Continue care and keep every follow-up appointment.
Preserve your evidence
Save bills, discharge papers, prescriptions, and photos of any visible harm.
Call Maaswinkel Law for a free review
We'll tell you whether you may have a claim, at no cost.
Florida limits most medical malpractice claims to two years. Waiting can permanently cost you the right to file.
How Maaswinkel Law Handles Your Case
From day one, we take care of the heavy lifting so you can focus on recovery and finding the best medical care.
Case Evaluation & Investigation
We obtain medical records, consult with independent medical experts, and meticulously review standards of care to identify negligence.
Affidavit of Merit
We secure a sworn statement from a qualified medical professional confirming reasonable grounds for a malpractice claim, as required by Florida law.
Settlement Negotiation
We demand full compensation from the healthcare provider’s malpractice insurer, presenting a robust case built on expert testimony and evidence of negligence.
Filing a Lawsuit
If insurers refuse a fair offer, we file a formal lawsuit to protect your rights in court.
Trial
Florida Medical Malpractice Laws You Should Know
Florida sets specific rules for medical malpractice cases that don’t apply to ordinary injury claims. Knowing them early can protect your case.
Deadline to file. You generally have two years from the date you discovered — or should have discovered — the injury, and no more than four years from the date the malpractice happened (Fla. Stat. § 95.11(4)(b)). Limited exceptions apply, including cases involving fraud or injured children.
Pre-suit investigation and expert affidavit. Before a claim can be filed, a qualified medical expert must review your case and confirm there are reasonable grounds for it (Fla. Stat. §§ 766.102 and 766.203). This sworn affidavit is mandatory.
90-day notice of intent. You must formally notify each provider you intend to sue and complete a 90-day pre-suit investigation period before filing a lawsuit (Fla. Stat. § 766.106).
Damage caps. Florida once capped non-economic damages such as pain and suffering under Fla. Stat. § 766.118, but the Florida Supreme Court struck those caps down (Estate of McCall, 2014; Kalitan, 2017). Today there is no cap on non-economic damages in these cases.
Common Medical Malpractice Questions
Florida places requirements on medical negligence claims that do not apply to other injury cases. These answers cover the pre-suit process under Chapter 766 and the deadlines that matter most.
Is it hard to sue for medical malpractice in Florida?
Harder than most injury claims, by design. Florida requires a pre-suit investigation under Chapter 766 before you can file: a qualified medical expert must review your records and sign an affidavit confirming reasonable grounds, and you must serve a formal notice of intent followed by a 90-day investigation period. These requirements add cost and time, which is why many attorneys screen these cases carefully before taking them.
What are examples of medical negligence?
Common examples include surgical errors such as operating on the wrong site or leaving an instrument behind; missed, delayed, or incorrect diagnosis; medication and dosage errors; anesthesia errors including dosing mistakes and failure to monitor; and birth injuries caused by delayed intervention during labor. Not every bad outcome is negligence — the question is whether the care fell below the accepted standard.
How do I know if I have a medical malpractice case?
You may have a case if a provider’s care fell below the accepted medical standard and that failure directly caused you harm. Four elements must be established: a provider-patient relationship, a breach of the standard of care, a causal link between the breach and your injury, and measurable damages. A qualified medical expert must confirm the breach before a claim can proceed.
How long do I have to file a medical malpractice claim in Florida?
Generally two years from when you discovered the injury, or should have discovered it, and no more than four years from the date it occurred under § 95.11. Exceptions exist: the deadline can extend to a child’s eighth birthday for minors, and up to seven years where there is evidence of fraud or concealment by the provider.
Do I need an expert witness to file?
Yes. Under Florida Statute § 766.102, a qualified medical expert must review your records and provide a written affidavit corroborating that there are reasonable grounds to believe negligence occurred. This must happen before a lawsuit can be filed, and the expert generally must practice in the same or a similar specialty as the provider.
What is the 90-day notice of intent?
Before filing suit, you must formally notify each provider you intend to sue and allow a 90-day pre-suit investigation period under § 766.106. During that window both sides exchange information informally and the provider may reject the claim, offer settlement, or propose arbitration. The statute of limitations is tolled while this runs.