Harmed by a doctor or hospital you trusted? You may have the right to hold them accountable. At Tony Caggiano Personal Injury Lawyer, our Orlando medical malpractice lawyer helps injured patients and grieving families pursue justice after negligent care. Medical malpractice cases are among the most complex claims in Florida law, and hospitals defend them hard.
We fight back with the resources and courtroom experience these cases demand. Based right here in Orlando, our team investigates what went wrong, works with medical experts, and pursues full compensation for your losses. Every case begins with a free case evaluation, and you owe no fee unless we win.
Call (407)244-1212 today to speak with our team about your medical malpractice case in Orlando.
How Tony Caggiano Personal Injury Lawyer Can Help With a Medical Malpractice Claim in Orlando
A serious medical error can leave you sicker, disabled, or grieving a loved one. Our job is to prove what happened and pursue accountability from the providers responsible.
​Our founding attorney is a Florida Bar Board Certified Civil Trial Lawyer with more than 35 years of experience representing injured people. Board certification is held by fewer than 1 percent of Florida attorneys, and it reflects a proven record in the courtroom.
​We work from our Orlando office, and we build each claim with the medical experts these cases require. Because we limit our caseload, you work directly with our team. We are available 24/7, and we handle medical malpractice cases on a contingency fee basis, so you pay no fee unless we win.
How Common Is Medical Malpractice in the United States?
Medical harm is far more common than most people realize. According to a widely cited Johns Hopkins University study, medical errors are estimated to be the third-leading cause of death in the United States, linked to more than 250,000 deaths each year.
​A poor medical outcome is not always malpractice. Under Florida law, liability requires proving that a provider deviated from the accepted medical standard of care.
​Orlando is a major medical hub, with large hospital systems and specialty centers serving Central Florida. That scale means more patients, more procedures, and more opportunities for preventable errors.
What Is My Orlando Medical Malpractice Case Worth?
No honest lawyer can promise a specific number, because every case turns on its own facts. What we can do is pursue the full value of your losses under Florida law.
​The value of a claim depends on the severity of the harm, the cost of future care, and the impact on your life and income. Catastrophic injuries and wrongful death claims often carry the highest stakes.
​Florida once capped non-economic damages in medical malpractice cases, but the Florida Supreme Court held those caps unconstitutional. As a result, those limits do not currently restrict what an injured patient can recover for pain and suffering.
What Types of Damages Are Available to Medical Malpractice Clients?
Florida law allows injured patients to recover both economic and non-economic damages after medical negligence.
​Economic damages cover measurable financial losses, including:​
- Past and future medical expenses
- Lost wages and reduced earning capacity
- The cost of rehabilitation and long-term care
- Out-of-pocket costs tied to the injury
Non-economic damages address the personal toll of a serious injury. These include pain and suffering, mental anguish, disability, and loss of enjoyment of life.
​When medical negligence causes a death, surviving family members may pursue a wrongful death claim. This can include funeral expenses, lost support and services, and the loss of companionship and guidance.
Can I Recover Damages If I'm Being Blamed for My Own Injuries in Florida?
Often, yes. Hospitals and their insurers frequently argue that a patient's own choices, health, or delay caused the harm.
​Medical malpractice claims follow a favorable rule here. Under Florida's comparative negligence statute, medical negligence cases are exempt from the state's 50 percent fault bar that applies to most injury claims. That means you may still recover damages even if you are found partly responsible, with your recovery reduced by your share of fault.
​Because these arguments can significantly affect your recovery, we work with medical experts to document exactly how the provider's negligence caused your injuries.
We'll Fight to Recover Compensation for All of Your Malpractice-Related Injuries
Hospitals and malpractice insurers have deep resources and one goal: paying as little as possible. Our team stands between you and those tactics.
​We build claims that account for the full arc of your harm, from the initial injury to the care you will still need years from now. Every medical record, expert opinion, and billing document strengthens the demand we make on your behalf.
​When an insurer refuses to offer a fair amount, we are prepared to take your case to trial. That readiness is often what moves a stalled negotiation forward.
What Are the Most Common Types of Medical Malpractice?
Malpractice can happen at any stage of care, from diagnosis through recovery. Identifying the specific failure is how we connect your injury to the provider responsible.
​Common types of medical malpractice we handle include:​
- Misdiagnosis or delayed diagnosis of serious conditions
- Surgical errors, including wrong-site and retained-instrument cases
- Birth injuries to a mother or child
- Medication and dosage errors
- Anesthesia errors
- Failure to treat or to monitor a patient properly
Each of these can cause lasting harm. Our team works to uncover which failure caused your injury and who is accountable.
How Do I Prove Medical Malpractice in Florida?
Proving malpractice means showing that a provider breached the accepted standard of care. Florida law breaks that down into four elements we must establish.
​First, the provider owed you a professional duty of care. Second, they breached the standard of care defined by Florida law, meaning the level of skill and treatment a reasonably prudent, similarly situated provider would provide. Third, that breach caused your injury. Finally, you suffered real damages as a result.
​We prove these elements with medical records, expert testimony, and a careful review of your treatment. Qualified medical experts are central to every step of a malpractice case.
How Long Do I Have to File a Medical Malpractice Lawsuit in Florida?
Time matters, and waiting can cost you the right to recover anything. Florida sets strict deadlines for medical malpractice claims.
​Under Florida's statute of limitations, you generally have 2 years from the date you discovered, or should have discovered, the injury. In most cases, no claim may be filed more than 4 years after the incident, though limited exceptions apply for fraud, concealment, or injuries to young children.
​These deadlines are easy to miss, especially when harm is not obvious right away. The sooner we begin, the more we can do to protect your claim, so contact us as early as possible.
What to Expect During Florida's Medical Malpractice Pre-Suit Process
Florida requires several steps before a medical malpractice lawsuit can be filed. This pre-suit process is unique to these cases, and missing a step can end a claim.
​Before filing, the law requires a pre-suit investigation and a verified written opinion from a qualified medical expert confirming there are reasonable grounds for the claim. This step is why experienced representation matters so early.
We draft and serve a formal Notice of Intent to Initiate Litigation, triggering a mandatory 90-day pre-suit investigation period during which the statute of limitations is paused. Our team handles these requirements precisely, so your case stays on track.
Frequently Asked Questions About Orlando Medical Malpractice
You must prove four things: the provider owed you a duty of care, they breached the accepted standard of care, that breach caused your injury, and you suffered real damages as a result. Qualified medical experts help establish these elements.
Nothing upfront. We handle medical malpractice cases on a contingency fee basis, which means we are paid only if we recover compensation for you. Your case begins with a free case evaluation so that you can learn your options at no cost.
You generally have 2 years from the date you discovered, or reasonably should have discovered, the injury. Most claims cannot be filed more than 4 years after the incident, with limited exceptions. Contact us early so deadlines do not pass.
You may have the right to pursue a wrongful death claim. Florida law allows certain surviving family members to recover losses such as funeral costs, lost support, and lost companionship. We handle these cases with compassion and pursue full accountability.
Florida's caps on non-economic damages in medical malpractice cases were held unconstitutional, so those limits do not currently apply. The value of your claim depends on the severity of your harm, your future care needs, and other case-specific factors.
Yes. Florida requires a verified written opinion from a qualified medical expert before a malpractice suit can be filed. We work with respected experts to review your care and build the medical proof your case needs.
Contact Our Orlando Medical Malpractice Lawyer for a Free Case Evaluation
You do not have to take on a hospital and its insurers alone. At Tony Caggiano Personal Injury Lawyer, our Orlando medical malpractice lawyer is ready to investigate your care, consult the right experts, and fight for the compensation you and your family deserve.
​Call (407)244-1212 today for a free case evaluation. There is no fee unless we win, and there is no better time to protect your claim than now.
