Questions About Medical Malpractice


What is medical malpractice?

The Plaintiff (the injured person or their legal representative) must prove that a health care provider, or entity, delivered unreasonable care AND that the unreasonable care proximately caused an injury to the patient. Witnesses with medical education, training and expertise are ultimately required to determine whether the care delivered was reasonable or unreasonable.

How long do I have to file a medical malpractice lawsuit?

A medical malpractice claim must be filed within a limited time frame. The facts of each case often need to be evaluated to determine whether there is available time to pursue a claim or whether various time limitations prevent any future claim. Therefore, it is advisable to contact an attorney as soon as possible to discuss a potential claim. You may contact the Law Offices of Michael Barszcz, M.D., J.D., to schedule a free consultation to discuss your case.

How long does it take to resolve a medical malpractice lawsuit?

A medical malpractice claim may take months or years to finally resolve by way of settlement or verdict. Each case is different and fact specific. The cases are usually expensive, contested and involve highly educated expert witnesses on both sides. 

What types of situations would warrant filing a medical malpractice lawsuit?

Various factual circumstances may support a legitimate claim for medical malpractice. Some common examples of medical malpractice are based on the following:

  • Wrongful death
  • Brain injury to infants, children and adults
  • Birth injuries to children and mother during labor and delivery
  • Failure to perform timely c-section
  • Delay in diagnosis of cancer (i.e. cervical, uterine, colon, prostate, skin) neurological injury/paralysis
  • Surgical negligence
  • Nursing negligence
  • Hospital negligence
  • Emergency room negligence
  • Failure to prevent heart attack or stroke
  • Misdiagnosis and failure to properly treat infections
  • Medication errors resulting in injury
  • Anesthesia negligence


Why do you need a medical malpractice lawyer?

The laws that govern medical malpractice cases are specific, detailed and constantly evolving. Therefore, you should consider retaining a highly experienced attorney to represent you in any medical malpractice claim.

Finding a great legal mind is sometimes hard to find. But when you find a brilliant trial attorney who also has a medical degree, you have really hit the jackpot. Florida personal injury attorney, Michael Barszcz, M.D., J.D., has a medical degree from Brown University Medical School and a law degree from the University of Florida College of Law. Having been a doctor before a lawyer, Mr. Barszcz possesses vast knowledge in the medical complexities that will accompany most personal injury cases. Currently, Mr. Barszcz has represented Floridians in vehicle accident, medical malpractice, wrongful death, and most other personal injury claims for the past 21 years.

The lawyers at the Law Offices of Michael Barszcz, M.D., J.D., strive to serve each person with the professionalism that they would expect to receive as a client. Mr. Barszcz originally created, and continues to maintain, a small law firm to establish close, professional relationships with each client. Mr. Barszcz and his staff are dedicated to honestly, diligently and aggressively protecting the interests of injured people and their families.

To learn more about medical malpractice and your rights, please contactour medical malpractice attorney, serving Orlando, Florida Law Offices of Michael Barszcz, M.D., J.D.

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