Medical Malpractice Lawyer in Miami

When patient injury or death results from a medical professional’s actions or omissions, it’s called “medical malpractice” or "medical negligence". With decades of experience and a deep understanding of medicine, our experienced Miami medical malpractice attorneys and legal team knows what it takes to win these lengthy and complex cases, and we won’t rest until you and your loved ones have been fully compensated for any damages.

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Are You Eligible for a Medical Malpractice Lawsuit?

To file a medical malpractice lawsuit, your injury or the death of your loved one must have been due to the negligence of a medical professional. To win this type of case, your Miami medical malpractice lawyer must be able to prove that:

A Patient/Doctor Relationship Existed

In order to file a medical malpractice lawsuit, you must be able to prove that you had a patient-doctor relationship with the physician. Doctors can only be sued if they were hired by the patient to provide medical care.

The Doctor Behaved In A Negligent Manner

To sue for medical negligence, you must be able to show that your doctor’s actions or omissions caused harm that a competent doctor could have prevented. This will require a medical expert to testify to how doctors should behave in similar situations, and how your physician’s actions deviated from that standard.

The Patient’s Injuries Were Caused By The Doctor’s Negligence

You must be able to prove that you sustained injuries that were directly caused by the doctor’s negligence. For example, if your doctor demonstrated medical negligence, but you didn’t sustain any injuries, you do not have a medical malpractice suit. However, if your doctor’s negligence resulted in injury, caused mental and physical pain, led to lost earning capacity and wages, exacerbated your existing condition and/or contributed to additional medical bills, you may have a case of medical malpractice. Proving this portion of your case will require the testimony of a medical expert.

Common Types of Medical Malpractice

While medical malpractice can take many forms, some types are more prevalent than others. Below are examples of common medical malpractice cases:

Surgical Errors: Mistakes during surgery, such as performing the wrong procedure, operating on the wrong body part, or leaving surgical instruments inside the patient’s body. These errors can lead to serious complications, infection, or even death.
Misdiagnosis or Delayed Diagnosis: When a healthcare provider fails to diagnose a condition correctly or promptly, it can lead to incorrect treatment or a complete lack of treatment. Misdiagnosis or delayed diagnosis can cause a patient’s condition to worsen and may even result in life-threatening complications.
Medication Errors: Prescribing the wrong medication, incorrect dosages, or failure to recognize dangerous drug interactions can cause serious harm, including adverse reactions or death.
Birth Injuries: Errors during pregnancy, labor, or delivery can result in birth injuries to the mother or the baby. These injuries may include nerve damage, cerebral palsy, or even death. Common causes include improper use of forceps, failure to monitor fetal distress, or not performing a timely C-section.
Anesthesia Errors: Mistakes related to the administration of anesthesia, such as administering too much or too little anesthesia or failing to monitor vital signs, can result in brain damage, organ failure, or death.
Failure to Obtain Informed Consent: Doctors must inform patients about a procedure's risks, benefits, and alternatives before moving forward. When a patient is not fully informed and suffers an unexpected complication, this may constitute medical malpractice.
Hospital-Acquired Infections: Poor sanitation, lack of hygiene, or failure to follow infection control protocols can lead to serious infections, particularly in surgical or intensive care settings. These infections can delay recovery or result in additional injuries.
Radiology Errors: Mistakes when interpreting X-rays, MRIs, or CT scans can result in missed diagnoses, delayed treatment, or even unnecessary surgery. A misread scan could mean the difference between catching cancer early or not at all.

Understanding Florida Medical Malpractice Law

Florida medical malpractice law is designed to protect patients who have been harmed by the negligence or misconduct of healthcare providers. However, it’s also one of the more complex areas of personal injury law, with specific statutes and requirements that must be met in order to file a claim.

Statute of Limitations

In Florida, you must file a medical malpractice lawsuit within a specific timeframe known as the statute of limitations. For most cases, this is two years from the date of the injury or from the date you reasonably discovered the injury.

However, there is an additional limit called the statute of repose, which bars any medical malpractice claim filed more than four years after the date of the alleged malpractice, regardless of when the injury was discovered.

There are exceptions to these time limits, such as in cases where fraud or concealment by the medical provider prevented the patient from discovering the malpractice. In these cases, the statute of limitations may be extended.

Additionally, claims involving minors may have different timelines. Because these deadlines are strict, it’s crucial to consult a qualified attorney as soon as you suspect malpractice.

Pre-Suit Requirements

Florida law mandates a pre-suit process before you can officially file a medical malpractice lawsuit. This includes:

Notice of Intent: Before filing a lawsuit, the plaintiff must send a formal notice of intent to the healthcare provider, informing them of the intent to pursue a medical malpractice claim. This notice must be sent at least 90 days before filing the lawsuit.
Pre-Suit Investigation: During this 90-day period, both sides are required to conduct a pre-suit investigation to determine the validity of the claim. The plaintiff must obtain an affidavit from a qualified medical expert confirming that medical negligence occurred.
Mediation or Arbitration: In some cases, the parties may agree to mediation or arbitration during the pre-suit phase to attempt to resolve the issue without going to court.

Medical Malpractice Caps in Florida

Although Florida has had medical malpractice caps in the past, the Florida Supreme Court ruled in 2017 that caps on non-economic damages (such as pain and suffering) in medical malpractice cases are unconstitutional.

This means that there is no limit on the amount of non-economic damages a plaintiff can recover. However, there may still be caps on punitive damages, which are intended to punish particularly egregious conduct.

Comparative Negligence

Florida follows a comparative negligence rule in medical malpractice cases. This means that if the patient is found to be partially responsible for their own injuries, their compensation may be reduced by the percentage of fault attributed to them.

For example, if a patient is found to be 20% at fault for not following post-operative care instructions, their total damages may be reduced by 20%.

Statutory Protection for Healthcare Providers

Florida law also provides certain protections for healthcare providers, such as:

Good Samaritan Law: Healthcare professionals who provide emergency medical care outside of a hospital setting (such as at the scene of an accident) are generally protected from liability unless their actions are grossly negligent.
Emergency Room Care: Healthcare providers working in emergency rooms are held to a different standard of care in medical malpractice cases, known as reckless disregard. This is a higher threshold to meet compared to standard medical negligence, making it more difficult to bring claims for injuries that occurred during emergency treatment.

Sovereign Immunity for Public Healthcare Providers

If a medical professional works for a public hospital or government-operated healthcare facility, they may be protected by sovereign immunity. This limits the amount of compensation a patient can recover from government employees to $200,000 per person or $300,000 per incident, unless the Florida Legislature grants a higher award.

Expert Testimony Requirements

Florida law requires that in a medical malpractice case, the plaintiff must present expert testimony to establish that the healthcare provider’s actions were below the accepted standard of care. This expert must be a medical professional with relevant experience in the same field as the defendant. The testimony is used to show that the healthcare provider's negligence directly caused the patient’s injury or death.

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What Medical Malpractice Damages Can You Recover?

Depending on the extent of your injuries and whether or not the medical professional’s negligence resulted in a death, you and your family may be entitled to economic, non-economic, and punitive damages, including:

Medical Expenses: This includes all past, current, and future medical expenses, including ER visits, hospital care, medical devices, doctor’s appointments, and more.
Lost Wages and Earning Capacity: If you’re required to take a leave of absence from work due to your injuries, or you are never able to resume work normally, you may be entitled to compensation for wages you would have earned if you had not been injured.
Pain and Suffering: This refers to the physical pain and suffering your injuries have caused, and will be determined by the nature and extent of your injuries. Pain and suffering damages also include emotional distress caused by your injuries, such as anxiety, depression, fear, and mental suffering.
Loss of Consortium: In some cases, the spouse of a medical malpractice victim may be entitled to damages, including a loss of companionship and sexual relations. These damages are most commonly awarded if you have experienced a permanent or life-altering injury.

In addition to the above damages, you may be entitled to additional punitive damages if it is determined that the medical professionals responsible for your injury acted with gross negligence or maliciousness. During your case evaluation with one of the best medical malpractice attorneys South Florida has to offer, we will provide you with personalized guidance regarding which damages you’re entitled to recover, as well as how we can ensure you and your family receive the full compensation you deserve.

What to Do if You Suspect Medical Malpractice

If you believe you or a loved one has suffered harm due to medical negligence, it’s important to act quickly and carefully. Medical malpractice cases are time-sensitive and evidence-based, so knowing what to do next can make a major difference.

Here’s a step-by-step guide to help you protect your health and your potential legal claim:

1. Seek Immediate Medical Attention

Your health comes first. If you suspect an error in your diagnosis, surgery, medication, or treatment, seek care from another qualified medical professional immediately. A second opinion may prevent further harm and can also help document any ongoing or worsening injuries caused by the original provider.

2. Request Copies of Your Medical Records

Secure a full copy of your medical records from every provider involved in your care. This includes hospital records, diagnostic imaging, prescriptions, lab results, and surgical notes.

Do not mention that you suspect malpractice when requesting records – just ask for them for your review. These documents serve as the foundation for any malpractice investigation.

3. Document Everything

Write down everything you remember about your treatment and injuries. Include dates of appointments, names of doctors and nurses, your symptoms, conversations, and changes in your condition. Take photos of visible injuries or surgical sites when appropriate. These details can fade over time, so the sooner you document, the better.

4. Don’t Confront the Healthcare Provider

While asking your doctor what went wrong or expressing your frustration may be tempting, avoid directly confronting them. Anything you say can be twisted or used against you later. It’s better to let your Miami medical malpractice attorney handle communication on your behalf through the proper legal channels.

5. Avoid Posting on Social Media

Don’t post about your injury, condition, or suspicions online. Insurance companies and defense attorneys often monitor social media activity for anything that could weaken your claim or credibility.

Contact a Medical Malpractice Attorney

As soon as possible, speak with the experienced Miami medical malpractice attorneys at Goldberg & Rosen. These cases require expert testimony, knowledge of state law, and a thorough investigation. We’ll evaluate your case, help preserve critical evidence, and guide you through Florida’s complex pre-suit process.

These steps can help protect your rights and increase your chances of a successful outcome. The sooner you act, the more time your legal team will have to build a strong case on your behalf. If you suspect medical malpractice, don’t wait – contact one of our Miami medical malpractice attorneys.

FAQ Medical Malpractice

How do I know if I have a medical malpractice case?

You may have a medical malpractice case if you can prove that a doctor-patient relationship existed, the medical professional acted negligently, and their negligence directly caused your injury. A legal consultation is the best way to determine if your case meets the necessary criteria.

What is the average timeline for resolving a medical malpractice lawsuit?

Due to their complexity, medical malpractice cases can take time to resolve. On average, a case may take anywhere from 18 months to several years to resolve, depending on whether a settlement is reached or if it goes to trial. Factors that can influence the timeline include gathering expert testimony, the complexity of the case, and the willingness of the involved parties to settle.

What happens if a loved one dies due to medical negligence?

If a loved one has passed away due to medical negligence, you may be able to file a wrongful death lawsuit. This type of claim can recover damages for medical expenses, funeral costs, lost wages, and loss of companionship. A wrongful death lawsuit is separate from a standard medical malpractice claim and has specific rules and timelines.

Who can be held liable for medical malpractice?

In Florida, several parties can be held liable for medical malpractice, including:

Physicians
Surgeons
Nurses
Hospitals
Pharmacists
Dentists
Any healthcare professional or institution that provides patient care

What is the difference between medical negligence and medical malpractice?

Medical negligence refers to mistakes or errors made by healthcare professionals that may not necessarily lead to harm, while medical malpractice occurs when negligence leads to patient injury. In other words, all medical malpractice cases involve negligence, but not all instances of negligence result in malpractice.

Can I still file a medical malpractice claim if I signed a consent form?

Yes, signing a consent form does not waive your right to file a medical malpractice claim. Consent forms generally acknowledge known risks of treatment, but they do not protect healthcare providers from liability if they fail to meet the standard of care.

Can I sue a nurse or technician for malpractice?

Yes. You can file a medical malpractice claim in Florida against any licensed healthcare professional whose negligence caused your injury. This includes nurses, surgical techs, radiology techs, anesthesiology assistants, and other support staff involved in your care.

They may be liable if they failed to follow proper procedures, acted outside the scope of their duties, or made preventable errors. Hospitals or clinics that employ these professionals may also be legally responsible under a theory called vicarious liability.

What if I only discovered the malpractice years later?

Florida law allows for what’s known as the "discovery rule." If you did not immediately know about the injury, you may still file a lawsuit within two years of discovering – or reasonably should have discovered – the malpractice.

However, Florida also has a statute of repose that sets a strict deadline of four years from the date of the malpractice, regardless of when you found out. There are narrow exceptions, such as cases involving fraud or concealment by the healthcare provider.

Do I need a second opinion before filing a lawsuit?

A second medical opinion isn’t required before filing a lawsuit, but it can strengthen your case. A second opinion might help confirm that the original provider made an error and may uncover additional harm you didn’t realize occurred.

Your attorney will also obtain a formal opinion from a medical expert as part of the pre-suit investigation process required under Florida law.

Anesthesia Error

Anesthesia errors can have catastrophic consequences, leading to long-term injuries or even death. When these errors occur, they are often the result of negligence or improper care during a medical procedure.

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Birth Injury

A birth injury can change the course of a child’s life, leaving families devastated and struggling to cope with emotional and financial burdens. When medical negligence during labor or delivery leads to a preventable injury, it is critical to hold healthcare providers accountable.

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Failure To Diagnose

A healthcare provider’s failure to diagnose a medical condition can have life-altering consequences, from prolonged illness to permanent injury or death. At Goldberg & Rosen, we specialize in representing individuals harmed by medical negligence.

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Medical Misdiagnosis

Misdiagnosis is one of the most common and dangerous forms of medical malpractice, often leading to unnecessary suffering, prolonged treatments, or even death.

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Medication Errors

Medication errors can result in severe health complications, permanent damage, or even death. When healthcare providers make mistakes in prescribing or administering medication, patients suffer the consequences. At Goldberg & Rosen, we are dedicated to holding negligent healthcare professionals accountable for their actions.

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Surgical Error

Surgical errors are preventable mistakes that can result in severe injuries, prolonged recovery, or even death. These errors often occur due to negligence or poor communication among healthcare professionals.

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