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Florida Medical Malpractice Lawyer

While many healthcare providers deliver quality patient care and take their legal duty to do so seriously, some harm their patients through negligence. When this happens, patients and their families can sustain considerable losses that affect them physically, financially, and emotionally. The effects of such negligence can last for weeks, months, or even years, and sadly, in some cases, medical mistakes can be fatal.

At Freidin Brown, P.A., we take medical injuries seriously, and we understand how a physician’s careless mistakes can turn your life upside down. It may be a relief to know Florida law provides you with legal options through a medical malpractice lawsuit, and we’re here to help you navigate the process.

Please contact our office for a case evaluation to learn more about how our Florida medical malpractice lawyers will fight for justice on your behalf. You can contact our Florida malpractice firm 24/7 to arrange your free consultation by calling 305-371-3666 or filling out our online contact form.

The Role of Negligence in Florida Medical Malpractice Claims

The basis of a medical malpractice claim is medical negligence, which may exist any time a healthcare provider does not deliver care reasonably and responsibly.

The reasonableness and propriety of a physician’s treatment decisions are measured against another hypothetical doctor with the same background and under the same circumstances in which your injury occurred. If your practitioner deviated from the standard of care, they may be liable for damages.

Medical malpractice is more widespread than you may expect. Johns Hopkins Medicine reveals that medical errors are the third-leading cause of death in the United States. Mistakes in diagnosis, providing care, and other preventable issues cause more than 250,000 deaths every year.

Our Florida Firm Focuses On Medical Malpractice Claims

At Freidin Brown, P.A., we serve many types of personal injury victims, and medical malpractice claims are our core practice area. Medical malpractice cases are complex legal matters, and we know that not just any law firm can handle the challenges of these cases. You must trust the law firm you hire to lead your malpractice claim.

Our Florida medical malpractice attorneys fight for clients in a wide array of medical error scenarios, including the following:

Failure to diagnose stroke, cancer, or other medical conditions
Failure to provide treatment or follow-up care
Errors and delays in diagnosing (misdiagnosis)
Anesthesia errors
Medication errors, including wrong dosage, wrong medication, wrong patient, and adverse drug interaction mistakes
Surgical errors and complications, including wrong-site surgeries, unnecessary surgeries, or botched medical procedures
Prenatal errors and birth injuries
Hospital negligence
Cancer misdiagnosis
Emergency room errors
Lack of patient supervision
Premature patient discharge
Dental malpractice
Chiropractic malpractice

Our experienced attorneys are dedicated to this very precise discipline and have decades of experience in handling medical malpractice cases throughout Florida. We believe your case will be in good hands if you choose us to represent you. We have the knowledge and experience to do what is necessary to recover the money our clients need for recovery.

How Is Medical Malpractice Proven in Florida?

To prove medical malpractice in Florida, you must demonstrate four key elements: duty, breach, causation, and damages. Here’s what that looks like:

Duty of Care

First, the plaintiff must show that the healthcare provider owed them a duty of care. This means that a doctor-patient relationship existed, and the healthcare provider had a legal obligation to provide treatment that met the accepted standard of care within their specialty.

Breach of Duty

Second, the plaintiff must prove that the healthcare provider breached their duty of care by acting negligently or failing to act in a way that a reasonably competent healthcare provider would have under similar circumstances. This often requires expert testimony from medical professionals who can attest to the standard of care and how the defendant’s actions deviated from it.

Causation

Third, the plaintiff must establish causation, meaning that the healthcare provider’s breach of duty directly caused the plaintiff’s injuries or damages. This can be challenging, as many medical conditions have multiple potential causes, and the defense may argue that the plaintiff’s injuries were pre-existing or resulted from other factors.

Damages

Finally, the plaintiff must prove that they suffered losses as a result of the accident. This can include additional medical expenses, lost wages, the loss of your ability to work, pain and suffering, or other losses directly resulting from the healthcare provider’s negligence.

In Florida, plaintiffs must also comply with specific procedural requirements, such as providing pre-suit notice to the defendant and obtaining an affidavit from a medical expert supporting their claim before filing the lawsuit.

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We Demand All Recoverable Compensation for Florida Medical Malpractice Victims

Monetary damages in a medical malpractice case aim to make you as whole as possible after suffering harm because of a practitioner’s negligence. If successful in proving your claim, our Florida medical malpractice attorneys can recover economic and non-economic damages for:

Costs arising from your negligent medical care
Medical bills to treat medical malpractice injuries
Lost income and future earning capacity if your injuries affect your occupation
Pain and suffering
Emotional distress and psychological harm
Mental anguish
Diminished quality of life
Losses representing the harm to your personal relationships

The specific losses you can recover will depend on the circumstances of your accident and injuries. Under Florida’s Modified Comparative Negligence Rule, your compensation for these damages can be reduced by your percentage of fault if you shared any responsibility in the accident. You can still file a claim, as long as you weren’t more than 50% at fault.

What Is the Average Settlement for Medical Malpractice Lawsuit in Florida?

The average settlement for a medical malpractice lawsuit in Florida can vary greatly depending on the specifics of each case, such as the severity of the injury, the extent of negligence, and the damages incurred by the plaintiff. Some factors that can influence the settlement amount include:

The strength of the evidence
The skill of the attorneys involved
The willingness of both parties to negotiate.

In Florida, there are also several laws that can impact medical malpractice settlements. For example, the state has a cap on non-economic damages (such as pain and suffering) in medical malpractice cases, which is set at $500,000 in most instances. However, this cap can be increased to $1 million in cases involving catastrophic injuries or death.

Under Florida Statutes section 766.104, plaintiffs in medical malpractice cases are required to obtain an affidavit from a medical expert before filing a lawsuit. This affidavit must state that there is a reasonable basis to believe that the defendant’s actions constituted medical negligence.

We Help Families of Fatally Injured Malpractice Victims in Florida

If your loved one suffered a fatal medical malpractice injury, please accept our condolences for your loss. We realize this is a challenging time for you and your family. We can make seeking legal recovery easier if you wish to hold a negligent party accountable for your relative’s death.

After a fatal medical mistake, we can potentially pursue the following damage:

Medical expenses
Funeral and burial costs
Loss of your loved one’s income and future financial support
Loss of your loved one’s services
Loss of your family member’s companionship, protection, and guidance
Survivors’ mental pain and suffering

Our Florida wrongful death attorneys can seek the maximum compensation on behalf of their estate and surviving family members. Awards may include damages your loved one could have sought had they lived and compensation for losses you suffered because of their death.

Our Florida Medical Malpractice Attorneys Seek and Get Results

At Freidin Brown, P.A., our selectively chosen team is committed to providing personalized legal representation that achieves results. We understand that a medical error can upend your life, so we want you and your family to have the monetary resources you need to move forward and heal.

Our lawyers are trial-tested and have extensive medical malpractice litigation experience. Our case results include more than 20 verdicts exceeding $1 million. Below are some of the awards we have recovered for our clients:

$38 million for the family of twin boys blinded due to a failure to properly screen and diagnose them following their premature birth.
$12.7 million for the family of a 5-year-old child who suffered a brain injury caused by negligent care.
$9.75 million for a mother who sadly suffered an ischemic stroke after a cesarean section.
$5.5 million for a pregnant woman injured by negligent emergency department care.

Contact Freidin Brown, P.A. today for a free consultation. You can learn more about how we can fight for financial awards for you or your loved one during a free and confidential consultation.

How Do I Sue for Medical Malpractice in Florida?

To initiate a medical malpractice lawsuit in Florida, you must first comply with the state’s pre-suit requirements. This process begins by serving a notice of intent to sue the healthcare provider you believe committed malpractice. The notice must include an affidavit from a medical expert stating that there are reasonable grounds to believe that malpractice occurred.

After serving the notice of intent, there is a 90-day waiting period before you can file the lawsuit. During this time, the healthcare provider may conduct their own investigation and decide whether to settle the claim or proceed to litigation.

If the case is not settled during the pre-suit period, you may file a complaint with the appropriate court. The complaint must outline the specific allegations of negligence against the healthcare provider and the damages you are seeking.

Once the complaint is filed, the defendant (the healthcare provider) will be served with the lawsuit and given an opportunity to respond. This response typically includes an answer to the allegations in the complaint and any defenses the defendant may raise. Get started by calling 305-371-3666 or completing our online contact form.

We Will Build a Case Proving Your Medical Malpractice Injury

Medical malpractice is more than just a bad medical outcome. As noted earlier, it occurs when healthcare providers, hospitals, and medical facilities deviate from accepted practices, and their substandard care harms a patient.

The evidence we can use to demonstrate medical negligence caused your injuries includes the following:

Medical records
Lab test results and diagnostic imaging
Eyewitness testimony regarding your care
Opinions from doctors, nurses, and medical experts
Records of previous medical malpractice complaints made against the provider or facility

Proving malpractice can be challenging and requires building a case based on solid medical evidence. Our firm has served clients in Miami, Fort Myers, and across Florida for more than 45 years. We regularly consult medical experts and know what it takes to support a patient’s claim.

A Medical Malpractice Lawyer in Florida Can Represent You With No Upfront Fees or Costs

Because we never want our clients’ current financial situations to stand in the way of seeking economic justice, we represent Florida medical malpractice patients without fees or costs. Because we take cases on contingency, our services will never cost you up front or out of pocket. Instead, we receive payment only if and when we obtain compensation for you.

We also offer free consultations with no obligation, because we understand not everyone is ready to file a lawsuit just yet. You may have questions about your options before you decide how to proceed. We are happy to listen to your story, answer your questions, and address your concerns.

How Long Do You Have to Pursue a Medical Malpractice Case in Florida?

Many medical malpractice cases begin with an insurance claim, which you should file as soon as possible. Doing so can ensure evidence is collected and preserved and gives you the maximum time to resolve your case before Florida’s statute of limitations expires.

According to Florida Statutes § 95.11 (4)(c), you have two years from the date of the incident or from the date of discovery to file a medical malpractice lawsuit in civil court. If you do not resolve your claim or take legal action before the deadline expires, you may be unable to secure compensation. If other deadlines apply to your case, our attorneys can advise you further.

Hospitals Our Medical Malpractice Lawyers Can Help You File a Claim Against in Florida

The decision to file a claim against a Florida hospital is not one anyone makes lightly. Still, it can be a necessary step on the road to justice if you’re living with a doctor’s mistake. If you have the evidence to prove your claim, you can file a case against any hospital where the negligence occurred. This includes the following major medical centers:

The Florida medical malpractice lawyers at Freidin Brown have a proven track record of successfully representing clients in cases against major medical centers throughout the state. We are committed to fighting for the compensation you deserve and holding negligent hospitals accountable for their actions.

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What Should You Do If an Insurance Company Offers You a Medical Malpractice Settlement?

If you receive an initial settlement offer from an insurance company, you should beware. Insurance is a business, and companies often look to increase profits by keeping payouts low. Their initial offer may not fully satisfy your losses. This is especially true if you are undergoing treatment and do not know what your future medical needs are or how much they will cost.

Once you hire legal representation, the insurance company (and its lawyers) should not contact you directly. If they do, remain calm and polite, but do not go into detail about your injuries or how they occurred. Do not accept any offer without consulting your medical malpractice lawyer. Instead, ask that further communications go through your attorney.

Additionally, you can protect your medical malpractice claim by attending all your medical appointments and following your doctor’s orders. You should also avoid any activities that could worsen your injuries or that the insurance company could allege caused them.

Let Our Florida Medical Malpractice Attorneys Take on All Your Legal Issues So You Can Focus on Your Health

In addition to gathering evidence, many other things go into constructing a solid medical malpractice claim or lawsuit. Our Florida malpractice attorneys will do the work while you turn your time and energy toward healing or caring for your hurt family member. We will:

Investigate your malpractice injury and determine liability
Prove how and why medical negligence occurred
Prepare and file malpractice insurance claims against all those at fault
Identify and assess all your damages
Handle case-related paperwork, deadlines, phone calls, emails, and meetings
Assign at least two lawyers to your case to assist with strategy and development
Negotiate for the maximum compensation possible
Defend you from bad-faith insurance tactics or pressure to settle for less than you deserve
Listen to you, answer your questions, address your concerns, and provide you with frequent and timely updates
File a medical malpractice lawsuit and represent you at trial if necessary

Under the best circumstances, stress is not good for your health. But when you’re trying to recover from serious injuries from a preventable accident, the pressure of dealing with it all can become too much. We are here to take that pressure off of you during your Florida malpractice case.

How Long Does It Take to Resolve a Florida Medical Malpractice Case?

It’s difficult to say how long it takes to resolve a medical malpractice case. No two cases are the same, and all involve different facts, circumstances, injuries, medical complications, and other unique factors that can influence a case’s outcome. The legal process can take place over months or years, so it’s important to have a realistic outlook as you begin the process.

When you work with a personal injury attorney on your case, they can update you on all developments and manage your expectations about the case’s timelines and deadlines. No matter how long it takes, you will have an experienced attorney looking out for you and your financial recovery.

Because of the uncertainty of how long a Florida medical malpractice case can take, we encourage you to reach out to our law office promptly so we can start building your case. You should also take note of Florida’s statute of limitations, as it will help you track how much time you have to file your legal action.

Review Your Legal Options With Our Florida Medical Malpractice Lawyer Today

For more than four decades, Freidin Brown, P.A. has represented thousands of clients. We work hard for them, protecting their rights and fighting for their best outcomes. If you or a loved one is recovering from a medical malpractice injury in Florida, we can help.

For more information on the professional legal services we offer for medical malpractice cases, please contact us. Our Florida medical malpractice attorneys are committed to assisting patients who have suffered devastating losses because of preventable healthcare provider errors, and our firm specifically focuses on cases involving medical errors.

We can set up a free consultation to discuss your legal options and next steps. We can provide personalized advice about your rights and remedies after reviewing your situation. You can start on the road to recovery now. Connect with us today. Call us 24/7 at 305-371-3666 or fill out our online contact form.

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