If a doctor, hospital, or other provider harmed you through negligence, you may have a medical malpractice claim. Our Alafaya medical malpractice lawyers at Tony Caggiano Personal Injury Lawyer help injured patients and their families across Alafaya and the greater Orlando area hold negligent providers accountable. We investigate what went wrong, work with medical experts, and pursue full compensation for your losses.
​Attorney Tony Caggiano is a Board Certified Civil Trial Lawyer who has represented injured people since 1987. You pay nothing unless we win your case. Florida also sets strict deadlines and pre-suit rules for these claims, so early action matters. Call (407) 244-1212 today for a free case evaluation with an experienced Alafaya medical malpractice attorney.
How Our Alafaya Medical Malpractice Lawyers Can Help
Medical malpractice claims are among the hardest injury cases to win. They demand qualified medical experts, detailed records, and a firm willing to take the case to trial. Our team brings real experience to that fight.
​Attorney Tony Caggiano is Board Certified in Civil Trial Law by The Florida Bar, a credential that requires proven trial experience and peer review. He has represented injured people since 1987. Before that, he defended insurance companies and corporations, so he understands how the other side builds its defense.
​Our firm has recovered significant results for injured clients, including a $30 million medical malpractice recovery. We limit our caseload so your case receives direct attorney attention, not a handoff to staff. Because we work on a contingency fee basis, there is no fee unless we win.
What Counts as Medical Malpractice Under Florida Law
Not every bad medical outcome is malpractice. Medicine carries risk, and sometimes careful treatment still leads to a poor result. Malpractice happens when a provider fails to meet the accepted standard of care, and that failure harms the patient.
​The standard of care is the level of skill and caution a reasonably careful provider would use in similar circumstances. To bring a claim, we generally must prove the following elements.​
- Duty: The provider owed you professional care.
- Breach: The provider failed to meet the standard of care.
- Causation: That failure directly caused your injury.
- Damages: You suffered real harm, such as added medical bills or lost income.
Proving these elements takes qualified medical experts who can explain what a competent provider should have done differently.
Medical Malpractice Cases We Handle in Alafaya
Medical negligence can occur in a hospital, a surgical center, a clinic, or a private office. We handle a wide range of medical malpractice claims for clients in Alafaya and across Central Florida.
Misdiagnosis and Delayed Diagnosis
A missed or delayed diagnosis can let a serious condition grow untreated. When a provider ignores symptoms, misreads test results, or fails to order the right tests, patients can lose critical treatment time. We investigate whether earlier, competent care would have changed your outcome.
Surgical Errors
Surgical mistakes include operating on the wrong site, damaging healthy organs, or leaving instruments inside a patient. These errors often signal a breakdown in basic safety practices. Our team works with medical experts to show how the surgical team departed from accepted standards and harmed you.
Medication Errors
The wrong drug or the wrong dose can cause severe harm. Medication errors happen when providers prescribe carelessly, overlook allergies, or miss dangerous drug interactions. Pharmacies and hospital staff can share responsibility. We trace each step of the medication process to identify every negligent party.
Birth Injuries
Negligent prenatal or delivery care can cause lasting harm to a child or mother. Failure to monitor fetal distress, delayed cesarean decisions, and improper use of delivery tools can lead to serious injury. We handle these sensitive cases with care and thorough medical review.
Anesthesia Errors
Anesthesia mistakes can be life-threatening. Common errors include incorrect dosing, failure to monitor vital signs, and ignoring a patient's medical history. Even a brief lapse can cause a brain injury or worse. We examine anesthesia records closely to determine whether negligence caused your harm.
Hospital and Nursing Negligence
Hospitals and nursing staff must follow safety protocols. Negligence includes medication mistakes, unsafe patient handling, ignored call lights, and infections from poor hygiene. When understaffing or careless care harms a patient, we pursue the hospital and every responsible party.
What Your Alafaya Medical Malpractice Case May Be Worth
No lawyer can promise a specific amount, because every case turns on its own facts and injuries. What we can do is pursue the full range of damages Florida law allows. These damages fall into two main categories.
​Economic damages cover measurable financial losses. They include past and future medical expenses, lost wages, reduced earning capacity, and the cost of ongoing care.
​Non-economic damages cover human losses that carry no receipt. They include pain and suffering, disability, disfigurement, and loss of enjoyment of life.
​Florida once limited non-economic damages in medical malpractice cases. The Florida Supreme Court struck those caps down as unconstitutional in Estate of McCall v. United States in 2014 and North Broward Hospital District v. Kalitan in 2017. Today, no statutory cap limits non-economic damages in Florida medical malpractice claims.
Florida's Pre-Suit Requirements for Medical Malpractice Claims
Florida law makes medical malpractice claims harder to file than an ordinary injury case. Before we can file suit, the law requires a formal pre-suit investigation.
​Under Florida Statutes section 766.203, we must obtain a verified written opinion from a qualified medical expert. That opinion must corroborate reasonable grounds to believe malpractice occurred. Only then can we serve the notice of intent to initiate litigation.
​This step screens out weak claims and adds credibility to valid ones. It also means you need a lawyer who can line up trusted experts early. We handle this investigation for you as part of building your case.
How Long You Have to File in Florida
Florida sets strict deadlines for medical malpractice claims. Missing the deadline can end your case before it begins.
​Under Florida Statutes section 95.11, you generally have 2 years to file a medical malpractice claim. The clock runs from the date of the incident, or from the date you discovered, or should have discovered, the injury.
​Florida also sets an outer limit. In most cases, no claim may be filed more than 4 years after the incident, regardless of when the injury was found. Limited exceptions apply for young children and for cases involving fraud or concealment.
​Because these rules are strict and fact-specific, we encourage you to call as soon as you suspect malpractice. Early action gives us time to gather records and meet every deadline.
Frequently Asked Questions About Medical Malpractice in Alafaya
You may have a claim if a provider failed to meet the standard of care and that failure harmed you. A disappointing outcome alone is not enough. We review your records, consult medical experts, and explain your options during a free case evaluation. If we believe your claim has merit, we can move forward together.
We handle medical malpractice cases on a contingency fee basis. You pay no upfront fees and no hourly charges. We collect a fee only if we recover compensation for you, taken as a percentage of the recovery. This model lets you pursue a claim without adding financial stress during a hard time.
You may recover economic and non-economic damages. Economic damages include medical expenses, lost wages, and future care costs. Non-economic damages include pain and suffering, disability, and loss of enjoyment of life. Florida no longer caps non-economic damages in medical malpractice cases. The value of any claim depends on the specific harm you suffered.
Many medical malpractice claims settle before trial, but some do not. Insurers and hospitals often resist these claims, so we prepare every case as if it will go before a jury. That trial-ready approach strengthens our position in negotiations. If a fair settlement is not offered, we are prepared to try your case in court.
Yes. When medical negligence causes a death, Florida's wrongful death law may allow certain family members to bring a claim. Recoverable losses can include medical and funeral costs, lost support, and the loss of companionship. These cases are emotionally difficult, and we handle them with compassion and careful investigation.
Timelines vary. Florida's pre-suit investigation, expert review, and the complexity of medical evidence all affect how long a case takes. Some claims resolve within a year, while others take longer, especially when they go to trial. Our team keeps your case moving and keeps you informed at every stage.
Contact Our Alafaya Medical Malpractice Lawyer Today
A medical mistake can change your health, your finances, and your family's future. You do not have to face the insurance companies and hospital lawyers alone. Our Alafaya medical malpractice lawyers at Tony Caggiano Personal Injury Lawyer are ready to investigate your case and fight for the compensation you deserve.
​We serve injured patients and their families throughout Alafaya and the greater Orlando area. There is no fee unless we win your case. Call (407) 244-1212 today to schedule your free case evaluation with an experienced Alafaya medical malpractice attorney.
