At Freidin Brown, P.A., our practice is centered on representing individuals and families facing the consequences of serious negligence. With decades of experience handling complex medical malpractice and catastrophic injury cases, our firm is committed to helping clients understand their rights and legal options.
We have offices in Miami and Fort Myers, but we represent clients throughout Florida, offering guidance and support wherever you are.
While these FAQs provide general information, they are not a substitute for a personalized evaluation of your situation. If you would like to discuss your case, our team is available to provide a confidential consultation.
General Questions
Freidin Brown, P.A. focuses on representing individuals and families affected by serious negligence, with a primary emphasis on complex medical malpractice cases. These claims often involve harm caused by healthcare providers when care falls below accepted standards.
In addition to medical malpractice, our firm handles select personal injury matters involving catastrophic injuries, including those arising from vehicle accidents, as well as wrongful death cases. These cases often involve life-altering consequences and require careful investigation and long-term damage assessment.
These cases often involve complex legal and medical issues, and our firm is structured to give each client the time, attention, and resources their case requires.
If you are unsure whether your situation falls within our practice, we can review the details during a confidential consultation and help you understand your options.
Freidin Brown, P.A. represents clients on a contingency fee basis. This means you do not pay any upfront fees or out-of-pocket costs to hire our firm. We advance the costs associated with investigating and pursuing your case, and we are only paid if we recover compensation for you through a settlement or verdict. This structure allows injured patients and their families to pursue legal action without additional financial strain.
If Freidin Brown, P.A. does not recover compensation for you, you do not owe us attorney’s fees. Our contingency fee arrangement is designed to reduce financial risk for our clients. We take on the cost and effort of pursuing the case, and our payment is tied to a successful outcome. This allows you to seek accountability and answers without worrying about paying legal fees if the case is not successful.
Not every personal injury or medical malpractice case goes to trial. Some cases are resolved through negotiated settlements, while others require litigation. At Freidin Brown, P.A., we prepare every case as if it will go to trial, which can strengthen your position during negotiations. If a fair resolution cannot be reached, our attorneys are prepared to present cases in court and advocate for clients before a jury. The best path forward will depend on the specific facts of your case.
At Freidin Brown, P.A., your case will be handled by attorneys who are well-versed in personal injury and medical malpractice litigation. Our firm does not pass cases off without oversight. We work collaboratively, and each case benefits from the attention of multiple legal professionals. This approach allows us to thoroughly develop case strategy, evaluate evidence, and advocate effectively on your behalf.
A settlement is an agreement reached between the parties to resolve a case without going to trial. In many personal injury cases, negotiations with the insurance company or opposing party can result in a resolution before court proceedings are necessary.
A trial, on the other hand, involves presenting the case before a judge or jury, who will determine the outcome. While many cases settle, some proceed to trial if a fair agreement cannot be reached. Each path has its own considerations, and the best approach depends on the specifics of the case.
Medical Malpractice Questions
Choosing the right medical malpractice lawyer is important because these cases are highly complex and require a focused understanding of both legal and medical issues. Not every personal injury firm is equipped to handle the procedural requirements, expert involvement, and detailed case development these claims demand.
When evaluating a law firm, it is important to consider whether they have experience handling medical malpractice cases, access to qualified medical experts, and the resources to fully investigate and prepare a claim. You may also want to understand how the firm approaches case strategy and whether they are prepared to take a case through trial if necessary.
Freidin Brown, P.A. focuses on complex malpractice cases and works closely with qualified medical experts to evaluate claims, develop evidence, and advocate for clients. Taking the time to choose the right legal representation can make a meaningful difference in how your case is handled and resolved.
During a free consultation, our team will listen to your concerns, review the details you can provide about your medical care, and discuss whether your situation may involve malpractice. We may ask questions about your treatment, providers, and timeline to better understand what happened. This conversation is an opportunity for you to ask questions and learn about your legal options. There is no obligation to move forward, and all consultations are confidential.
The statute of limitations sets deadlines for legal actions after medical negligence. According to Florida Statutes § 95.11(4)(b), patients typically have two years from the date of injury/incident to file a malpractice lawsuit against a doctor, hospital, or another healthcare provider.
However, some exceptions can change this timeline significantly. For example, you might have until a minor is eight years old to file a medical malpractice claim in Florida. The deadline for filing a lawsuit may also be extended if the medical provider in your claim is also engaged in fraud or concealment. A lawyer can help you determine how much time you have left to act.
These strict cutoffs underscore why prompt legal consultation after potential medical negligence is so important. Don’t take chances – call an attorney today if you suspect any instance of medical error resulted in harm to you or a loved one.
Not every negative medical outcome is the result of malpractice. To have a valid case, there must be evidence that a healthcare provider failed to meet the accepted standard of care and that this failure directly caused harm.
If you experienced a worsening condition, unexpected complications, or a delayed diagnosis that affected your treatment, it may be worth having your situation reviewed. Medical malpractice cases are highly fact-specific and often require input from qualified medical experts.
A law firm like Freidin Brown, P.A. can evaluate your medical records, consult with appropriate experts, and determine whether your situation meets the legal requirements for a malpractice claim.
Liability in a medical malpractice case depends on who was responsible for the care in question and how the error occurred. In many cases, a physician may be liable for negligent treatment decisions or actions. However, other healthcare professionals—such as nurses, physician assistants, or technicians—may also be responsible depending on their role.
Hospitals, clinics, and other medical facilities can sometimes be held accountable as well, particularly if the negligence involved staffing issues, inadequate policies, or failures in supervision.
Some cases involve multiple parties, and determining liability often requires a careful review of the facts and the relationships between providers and facilities.
The value of a medical malpractice case depends on several factors, most notably the severity of the injury and its long-term impact on your life. Cases involving permanent disability, significant medical needs, or loss of life typically involve higher damages than those with temporary or less severe effects.
Other important considerations include the cost of past and future medical care, lost income or reduced earning capacity, and the overall effect on your quality of life. The strength of the evidence and the clarity of liability can also influence the outcome.
Because every case is different, a thorough evaluation is necessary to understand the full scope of potential compensation.
The Florida Patient’s Bill of Rights outlines legal rights and protections for those seeking healthcare to ensure appropriate access, choice, transparency, privacy, and safety.
Some major rights guaranteed include:
- Right to emergency services for acute conditions
- Full information about services, providers, charges, and payment options
- Confidential handling of medical records
- Right to give informed consent before treatments
- Right to refuse treatment and be informed of consequences
- Fair complaint and appeals processes if disputes with providers occur
Established in broad laws and regulations governing Florida’s healthcare system, these rights aim to increase consumer protection, equity of access, medical transparency, and autonomy of healthcare choices. Despite these safeguards, malpractice litigation may still be necessary when negligence occurs.
If you suspect medical malpractice in Florida, you can file a complaint with the Florida Department of Health (DOH) or speak with a medical malpractice attorney about your situation.
Filing a complaint with the DOH may prompt an investigation into the healthcare provider’s conduct. This process generally involves:
- Obtaining a consumer complaint form from the Department of Health website or requesting one by phone
- Completing the form with details about the incident, including dates, provider names, and what occurred
- Submitting the form by mail, email, or fax
After submission, the Department of Health may review records, interview staff, and determine whether disciplinary action is appropriate.
It is important to understand that this process is separate from pursuing a legal claim for compensation. If you believe you were harmed by negligent care, speaking with a medical malpractice attorney can help you determine whether you have a case and what steps may be available.
Freidin Brown, P.A. can review your situation, gather relevant records, and help you understand your options moving forward.
Birth Injury Questions
Not all birth injuries are preventable, but some occur when healthcare providers fail to properly monitor or respond to complications during pregnancy or delivery. Preventable issues may involve:
- Not recognizing fetal distress
- Delaying a necessary cesarean section
- Improper use of delivery tools
- Failing to anticipate known risks
Some of the more serious injuries associated with these failures include brain injuries caused by oxygen deprivation, cerebral palsy, brachial plexus injuries such as Erb’s palsy, and spinal cord injuries. Other complications may involve fractures, nerve damage, or conditions requiring ongoing medical care.
A key question is whether the provider acted in a way that a reasonably careful professional would have under similar circumstances. Warning signs like abnormal fetal heart rates, prolonged labor, or unaddressed complications may indicate a breakdown in care.
If you are unsure whether your child’s injury may be related to negligence, speaking with a birth injury attorney can help you better understand your situation and what steps may be available.
Several parties may be responsible for a birth injury, depending on how the care was provided. This can include obstetricians, nurses, midwives, and other healthcare professionals involved in labor and delivery.
In some cases, the hospital or medical facility may also be liable, particularly if the injury resulted from inadequate staffing, poor communication, or failure to follow proper procedures. Identifying all responsible parties requires a careful evaluation of both individual actions and the overall care provided.
Hospital Negligence Questions
Hospital negligence is a form of medical malpractice that occurs when a hospital or healthcare facility fails to provide a safe and appropriate standard of care. Unlike cases focused on an individual provider, hospital negligence often involves systemic issues such as understaffing, poor communication, inadequate policies, or failure to properly supervise medical staff.
These failures can lead to serious harm, including delayed treatment, medication errors, infections, or improper discharge. When a hospital’s actions (or lack of action) contribute to a patient’s injury, the facility itself may be held accountable.
Yes, a hospital can be held liable for medical malpractice under certain circumstances, and these cases often involve more than one responsible party. A patient’s care may include physicians, nurses, technicians, and the hospital itself, all of whom can play a role in what went wrong.
Hospitals are typically responsible for the actions of their employees, and they may also be liable for broader issues such as unsafe policies, inadequate training, or failures in supervision. At the same time, individual providers, such as doctors or specialists, may be separately responsible for their own decisions and actions.
Identifying all responsible individuals and entities is an important part of building a complete claim.
Hospital negligence can take many forms, often involving breakdowns in systems or communication rather than a single mistake. Common examples include medication errors, failure to monitor patients, delayed or denied treatment, infections caused by unsanitary conditions, and premature discharge.
Other issues may involve miscommunication between departments, failure to follow physician orders, or inadequate staffing that leads to preventable errors. These situations can result in serious complications and may form the basis of a malpractice claim if they cause harm.
If you suspect that a hospital’s actions contributed to your injury or a loved one’s harm, it is important to seek legal guidance as soon as possible. Hospital negligence cases often require a detailed review of medical records, internal procedures, and the roles of multiple providers.
A Florida hospital negligence attorney can help investigate what happened, determine whether the hospital or its staff may be liable, and guide you through the next steps. Early review can also help preserve important evidence and ensure that your rights are protected.
Personal Injury Questions
Several factors influence the value of a personal injury case, including:
- The severity of the injury
- Tthe extent of medical treatment required
- How the injury affects a person’s ability to work and carry out daily activities
- The strength of the evidence
- The clarity of liability
- The long-term impact on quality of life
Cases involving permanent or catastrophic injuries often involve higher damages due to ongoing care needs and lasting effects.
In many personal injury cases, more than one party may share responsibility for what happened. Under Florida law, you may still be able to recover compensation if you were partially at fault, but your recovery can be reduced based on your share of responsibility.
However, if you are found to be more than 50% responsible for the incident, you may not be able to recover damages. Because of this, how fault is assigned can have a significant impact on your case.
Insurance companies often try to shift as much blame as possible onto the injured person. Having your case carefully reviewed can help ensure that fault is evaluated fairly and that your rights are protected.
After a serious injury, your first priority should be seeking appropriate medical care. Prompt treatment not only protects your health but also creates important documentation of your condition.
It is also helpful to preserve any available evidence, such as photos, witness information, or records related to the incident. Speaking with a Florida personal injury attorney early on can help you understand your rights, avoid common pitfalls, and take the appropriate steps to protect your claim.
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