Medical Malpractice Attorney
Miami Medical Malpractice Attorney
When the healthcare professionals we trust to care for us cause harm, the consequences can be devastating. Our attorneys have the experience and resources to take on hospitals, doctors, and their powerful insurance companies.
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Florida Medical Malpractice Law (766.102)
Medical malpractice in Florida is governed by Statute 766.102, which establishes specific requirements and unique procedures that do not apply to other types of personal injury cases. Understanding these laws is essential to protecting your rights.
The Standard of Care
To prove medical malpractice, we must show that the healthcare provider did not act in accordance with the standard of care — that is, the level of care that a reasonably competent medical professional in the same specialty would have provided under similar circumstances. This standard is established through medical expert testimony.
Mandatory Pre-Suit Investigation
Florida is one of the few states that requires a pre-suit investigation before a medical malpractice lawsuit can be filed. This process includes:
- Obtaining and reviewing all relevant medical records
- Evaluation by a qualified medical expert in the same specialty
- Obtaining a corroborating affidavit from the expert confirming there is a reasonable basis for the claim
- Sending a notice of intent to sue to the healthcare provider 90 days before filing the lawsuit
Common Types of Medical Malpractice
- Surgical errors: Operating on the wrong site, leaving surgical instruments inside the patient, organ or nerve damage during surgery.
- Misdiagnosis or delayed diagnosis: Failing to diagnose cancer, heart attack, infections, appendicitis, or conditions requiring urgent treatment.
- Medication errors: Prescribing the wrong medication, incorrect dosage, failing to check drug interactions or allergies.
- Anesthesia errors: Overdose, lack of monitoring during anesthesia, incorrect intubation.
- Hospital-acquired infections: Infections caused by lack of hygiene, inadequate sterilization, or deficient protocols.
- Premature discharge: Sending the patient home before stabilization or without adequate instructions.
What To Do If You Suspect Medical Malpractice
- Obtain copies of all your medical records. Under Florida law, you have the right to access your complete medical records. Request copies of everything: physician notes, lab results, imaging, medication orders, and nursing records.
- Seek a second medical opinion. Consult another doctor to evaluate your current condition and determine whether the previous treatment was appropriate.
- Document everything. Keep a detailed record of all symptoms, treatments, medical expenses, lost work time, and how the injury has affected your daily life.
- Do not confront the doctor directly. Do not discuss your suspicions with the accused healthcare provider. This could alert them to alter records or prepare defenses.
- Contact a medical malpractice attorney immediately. Medical malpractice cases have strict deadlines and require expert investigation. Do not wait.
Common Medical Malpractice Injuries
How Compensation Is Calculated
Medical malpractice cases frequently involve substantial damages due to the severity of injuries and corrective medical costs:
- Corrective medical expenses: Additional surgeries, treatments, hospitalization, and rehabilitation needed to correct the damage caused by negligence.
- Future medical expenses: Ongoing medical care costs related to the injury.
- Lost wages and loss of earning capacity: Compensation for time away from work and permanent reduction in income.
- Pain and suffering: The physical pain and emotional anguish caused by medical negligence.
- Punitive damages: In cases of particularly egregious or intentional conduct, the court may award punitive damages to punish the provider.
Why You Need a Medical Malpractice Attorney
Medical malpractice cases are the most complex and expensive to litigate in personal injury law. Hospitals and doctors have powerful legal teams and insurance companies with virtually unlimited resources to defend these cases.
Florida's mandatory pre-suit investigation requires the involvement of qualified medical experts, meaning that without an experienced attorney, it is virtually impossible to bring a successful case. Our team has relationships with medical experts in every specialty.
At Get Justice Miami, we cover all costs of the pre-suit investigation, medical experts, and litigation. You pay nothing unless we win your case. Our investment in your case demonstrates our confidence in obtaining results.
Florida Statute of Limitations
Medical malpractice in Florida has a unique deadline system:
- Statute of limitations: 2 years from when the patient discovered or reasonably should have discovered the injury.
- Statute of repose: 4 years from the date of the act of negligence as an absolute maximum deadline.
- Fraud/concealment exception: If the provider intentionally concealed the error, the repose period extends to 7 years.
- Minors: For children, the deadline does not begin until they turn 8 years old.
Do not wait. Contact us today for a free evaluation of your case.
Frequently Asked Questions About Medical Malpractice
Medical malpractice occurs when a healthcare professional fails to meet the standard of care accepted by the medical community, and as a result, the patient suffers harm. This can include diagnostic errors, surgical mistakes, incorrect medication, failure to treat, or inadequate informed consent.
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