Florida Medical Malpractice Attorneys

Representing Patients and Families in Orlando, Winter Park, and Throughout Florida

More than 32 years of combined trial experience. Pursuing accountability for serious injuries and deaths caused by medical negligence.

Patients trust medical professionals with their health, their safety, and sometimes their lives. When preventable medical negligence causes serious harm, the consequences can leave patients and families facing additional treatment, permanent disabilities, financial hardship, and unanswered questions.

At Tonelli & Tonelli, we help patients and families understand whether negligent medical care may support a claim. From our office in Winter Park, we evaluate medical malpractice matters throughout Florida, providing clear guidance and determined advocacy.

You do not need to know exactly what went wrong before contacting us. Speaking with us is free, and there is no obligation to hire our firm.

What Is Medical Malpractice?

Medical malpractice occurs when a health care provider fails to meet the applicable professional standard of care and that failure causes injury or death.

Under Florida’s medical negligence statute, Section 766.102, the standard generally concerns the care, skill, and treatment that reasonably prudent similar providers would consider acceptable under the circumstances.

A poor outcome alone does not establish malpractice. Medicine involves risks, and complications can occur even when appropriate care is provided. A viable claim requires evidence connecting a departure from the standard of care to the harm suffered.

We examine what the provider knew, what should have been done, and whether appropriate care would have prevented the injury or death.

Medical Errors That May Support a Claim

Depending on the circumstances, medical malpractice claims may involve:

Failure to diagnose or a delayed diagnosis of a serious condition.
Failure to act on abnormal test results or worsening symptoms.
Surgical errors and preventable complications.
Medication errors, including incorrect drugs or dosages.
Anesthesia errors.
Failure to monitor a patient or respond to a medical emergency.
Injuries during pregnancy, labor, or delivery.
An inappropriate discharge or failure to arrange necessary follow-up care.

Responsibility may involve a physician, nurse, hospital, or another provider or entity. Identifying the proper parties requires careful review of the care provided and the relationships among those involved.

Why Medical Malpractice Cases Are Challenging

Florida medical malpractice cases involve legal and medical requirements that go well beyond those of many other injury claims.

Before a lawsuit can ordinarily proceed, the claim must undergo a presuit investigation. That process generally requires a qualified medical expert’s verified written opinion supporting reasonable grounds to believe that medical negligence caused injury. Prospective defendants must also receive formal notice and an opportunity to investigate the claim.

These requirements demand time, detailed records, and appropriate expert review. A case may involve thousands of pages of medical documentation, multiple specialties, and disagreement about whether the outcome resulted from negligence or an underlying illness.

The cost of investigation and litigation can also be substantial. We assess the evidence, the injuries, the potential recovery, and the resources necessary to pursue the matter. Families deserve an honest explanation of both the strengths of a potential claim and the obstacles it may face.

Florida’s “Free Kill” Law: A Serious Barrier for Some Families

Florida’s wrongful death law contains a restriction commonly called the “Free Kill” law. That phrase is a criticism of the law’s consequences, not its official title.

Under Section 768.21(8), Florida Statutes, adult children cannot recover certain damages for parental companionship and mental pain and suffering when a parent dies from medical negligence. Parents of an adult child are similarly barred from recovering mental pain and suffering damages. For these provisions, Florida generally treats children under 25 as minors.

The practical consequences can be profound. When a patient dies without a surviving spouse or children under 25, these restrictions may sharply limit the compensation available—even where evidence supports medical negligence.

A family’s grief does not become less real because a child has reached a particular birthday. We believe this distinction creates an unjust barrier to accountability.

The restriction does not eliminate every possible claim. Economic damages or estate claims may remain available, depending on the circumstances. We examine the family relationships, potential damages, and applicable law before advising whether a case can be pursued.

When Medical Negligence Causes a Death

A death following medical treatment can leave a family struggling to understand whether it was unavoidable or preventable. Answering that question requires examining the medical evidence rather than relying solely on the explanation initially provided.

A Florida wrongful death lawsuit is brought by the personal representative of the deceased person’s estate for the benefit of eligible survivors and the estate. The available recovery depends on the circumstances and the restrictions applicable to medical negligence cases.

We help families understand those issues and evaluate whether the evidence supports a wrongful death claim.

What Compensation May Be Available?

For a patient who survives medical negligence, compensation may include:

Medical expenses for additional treatment, surgery, and rehabilitation.
Future medical care and assistance.
Lost income and reduced earning capacity.
Physical pain and suffering.
Disability, scarring, or disfigurement.
Emotional distress and loss of enjoyment of life.

When negligence causes a death, different rules govern the damages available to survivors and the estate.

The impact of medical negligence can extend far beyond an additional hospital stay. A person may lose independence, require daily assistance, or become unable to return to work or care for their family. We work to document those consequences and the evidence supporting them.

What to Do if You Suspect Medical Malpractice

Your ongoing health and safety come first. Seek appropriate medical care for any unresolved or worsening condition.

The following steps can also help preserve information for a legal evaluation:

Write down a timeline. Record the treatment dates, symptoms, conversations, and events that concern you.
Identify the providers involved. Include hospitals, physicians, specialists, and other facilities.
Preserve available records. Keep discharge instructions, patient portal messages, test results, medication information, and bills.
Document the consequences. Save information about additional treatment, missed work, and assistance you now require.
Preserve photographs and communications. Keep relevant images and messages in their original form.
Seek legal advice promptly. Medical malpractice deadlines and presuit requirements can be difficult to calculate.

You do not need to collect every medical record before contacting us. We can help identify the records and information needed to evaluate the matter.

How Tonelli & Tonelli Helps

Medical malpractice litigation requires a clear understanding of both the medical evidence and the legal standards governing the claim.

We review the circumstances, identify relevant records, and determine whether qualified expert evaluation is appropriate. When the evidence supports proceeding, we work to identify responsible parties, address presuit requirements, and document the harm caused.

We explain significant developments, discuss the challenges openly, and help you evaluate decisions throughout the case. Our trial experience informs how we develop the evidence and prepare to explain complex medical issues to a jury.

We pursue fair resolutions through negotiation and prepare to take the case to court when necessary.

Why It Is Important to Seek Advice Early

Florida medical malpractice claims generally have a two-year limitations period tied to when the incident is discovered or should have been discovered through reasonable diligence. A separate four-year statute of repose can bar a claim even when negligence is discovered later. Exceptions and special rules may apply.

Presuit procedures can affect deadline calculations, and some cases involve additional notice requirements. Do not assume that you have two years from the date of your last treatment or from the date you obtain your records.

Early review allows time to obtain documentation, consult appropriate experts, and determine the steps necessary to protect a potential claim.

Florida Medical Malpractice Resources

The following official resources explain key laws affecting medical negligence claims:

Talk With Us About What Happened

If you believe medical negligence caused a serious injury or the death of a loved one, contact Tonelli & Tonelli. Speaking with us is free, and there is no obligation to hire our firm.

We will listen, discuss the circumstances, and explain the next steps in evaluating whether a claim may be available.

Call 407.883.HURT (407.883.4878) or contact us online.

Serving Winter Park, Orlando, Central Florida, and patients and families throughout Florida.

Medical Malpractice