Miami Medical Malpractice Lawyers
We Represent Medical Malpractice Victims Throughout in South Florida
If you have been injured at the hands of a negligent medical professional, the Miami medical malpractice lawyers at Freidin Brown, P.A. are here to provide you with the strong legal representation you need. When you entrust your health to a doctor, the last thing on your mind is the possibility of being harmed. When this happens, it is essential for you to take legal action. Depending on the complications you experience, you may need extensive medical attention, which could be costly. Call our experienced Florida medical malpractice lawyers today for a free consultation.
Types of Medical Malpractice Cases We Handle
With over 100 years of experience, our team has the insight and resources to handle all types of medical malpractice cases – no matter what type of healthcare setting you were injured in or what type of professional caused you harm.
- Anesthesia Error
- Aortic Dissection
- Cancer Malpractice
- Doctor Error
- Emergency Room Error
- Failure To Diagnose Cancer
- Failure To Diagnose Stroke
- Heart Attack Malpractice
- Heart Attack Prevention Failure
- Hospital Error
- Laboratory Error
- Ludwig’s Angina
- Medication Error
- Nursing Error
- Preventable Suicide
- Pulmonary Embolism
- Sepsis & Septic Shock
- Surgery Complication
- Surgical Error
- Birth Injury
- Birth Mother Injury
- Brachial Plexus
- Brain Cooling Injury
- Breech Birth Injury
- Cerebral Palsy
- Erb’s Palsy
- Hypoxic-Ischemic Encephalopathy
- Infant Medication Error
- Labor & Delivery Complication
- Life Care Planning
- Pediatric Stroke
- Retinal Detachment
- Retinopathy Of Prematurity
- Shoulder Dystocia
- Umbilical Cord Birth Injury
- Vacuum Extraction Birth Injury
Medical Malpractice is Far Too Common
When you get professional medical attention, you have the fair and reasonable expectation that doctors, nurses, hospitals, and other medical providers will protect your health and well-being. Unfortunately, that does not always occur. Alarmingly, medical malpractice is a serious problem in the United States. According to a 2018 study, medical negligence is the third leading cause of death nationwide—behind only heart disease and cancer. Medical malpractice is preventable. Physicians and health care providers have a legal responsibility to provide high-quality care to patients.
Understanding Medical Malpractice & Your Rights
Medical malpractice occurs when a patient suffers harm because they receive substandard care from a medical provider. To be clear, a bad outcome is not always medical malpractice. In order to bring a successful claim under Florida, a plaintiff (patient) must prove that they suffered an illness, injury, or other medical complications as a result of the subpar treatment that they received. Health care providers are obligated to treat patients according to a certain standard of care:
- The Standard of Care: A doctor, nurse, or hospital should offer care that is at least as good as a reasonably prudent medical provider would have offered under similar circumstances.
When they fail to do so, as a result of negligence or some wrongful act, patients face increased risks of suffering harm. In the event a patient does suffer harm due to a medical professional’s negligence, the at-fault health care provider can be held responsible for any damages that result. As an injured victim of medical malpractice, you have the right to bring legal action against the party that harmed you, whether it be a doctor, nurse, or other type of health care provider.
You Can Recover Financial Compensation through a Medical Malpractice Claim
Medical malpractice can cause significant harm to a victim and their family. In Florida, medical malpractice victims have the right to pursue financial compensation for the full value of their damages, including out-of-pocket losses and intangible harm. Sadly, the big insurance companies that handle medical malpractice claims are among the most aggressive. They fight hard to limit their liability and minimize the compensation paid to victims and their families. At Freidin Brown, P.A., our Miami medical malpractice attorneys know how to get results. You deserve full and fair financial compensation for your damages. These lawsuits, or medical malpractice claims, can allow you to recover damages such as:
- Pain and suffering
- Additional medical expenses
- Lost work wages & reduced earning capacity
- Mental and emotional injuries
- Physical impairment or disfigurement
- Loss of qualify of life / companionship
- Death benefits in the event of wrongful death
Medical Malpractice Claims are Complicated—Expert Witnesses are Often Required
Medical malpractice claims are complex because they involve highly technical medical and legal facts. For this reason, most successful medical malpractice claims rely, at least in part, on expert witness testimony. An expert who has knowledge and experience in a specific field of practice can help you establish why the doctor/hospital failed to provide proper care in your case. At Freidin Brown, P.A., our Miami, FL medical malpractice lawyers can help you connect with the right expert witnesses.
Another key factor that makes medical malpractice claims complicated is insurance. As health care providers are also heavily insured, these claims can be contested aggressively by companies that put profits over people, and want only to deny or minimize your compensation. As such, working with a skilled medical malpractice lawyer in Florida can make all the difference in your case. We know how to hold the big insurance companies accountable for paying claims.
Experienced. Dedicated. Passionate.
Our firm has 100 years of collective experience in handling all kinds of personal injury cases, including the most complex. Our dedication is evident in everything we do, from our hands-on approach to our client-focused strategies. We are passionate advocates for the negligently injured, which is why we let nothing stand in our way when protecting their rights. We are not afraid to stand up to hospitals and we are not intimidated by medical professionals. We can consult with medical experts in order to fully investigate your medical malpractice case to determine what happened and who should be held liable.
- We have over 100+ years of collective experience
- We have won over 20 verdicts in excess of $1 million
- Our team includes two board-certified civil trial specialists
- We have tried over 300 injury cases in front of a jury
- No recovery, no fee – you don’t pay unless we win
Our Miami medical malpractice lawyers can help you pursue financial compensation by filing an injury claim against the negligent hospital or medical professional. Over the years, we have recovered hundreds of millions in compensation for our clients.
Florida Medical Malpractice Video FAQs
Are there time limits to sue for injuries in a Florida medical malpractice case?
Yes, there are time limits to sue in a Florida medical malpractice case. Generally, it’s two years from the date that you knew, or should have known, that you had a right to bring a legal action for your injuries, but in no circumstances can it be more than four years from the negligent act.
Can any attorney handle a Florida medical malpractice case?
Medical Malpractice cases are very complex, very expensive, very intense, and they require lawyers who’ve spent a lot of time doing them, handled a lot of cases, and are financially able to do so.
So the answer is, you need a lawyer whose done a lot of medical malpractice and knows how the system works. There are a lot of minefields, there are a lot of difficulties, and that we’re against the best lawyers in the city or in the state, and it really requires a high degree of expertise.
Can I receive damages for pain and suffering in a Florida medical malpractice case?
Medical malpractice cases allow the same damages as any other personal injury case, and the answer is: Yes, damages are recoverable for pain and suffering, for mental anguish, for loss of capacity to enjoy life. That’s standard in all the cases and in wrongful death cases, for the loss of a spouse or a child under 25 years old.
Can I sue for medical malpractice if a family member dies as a result of the malpractice?
A surviving spouse and surviving children who are under the age of 25 have the right to sue in malpractice for the death of a family member, but any other individual who’s been injured from malpractice of whether they’re single, married, or a child, or a parent can sue for their personal damages.
Do I need an attorney for my Florida medical malpractice case?
I believe everyone who sues in medical malpractice or in any personal injury case should have an attorney. I do believe that anyone without an attorney will lose their case or probably will lose their case or do poorly on their case so the answer is in any of these cases where the stakes are high and the other side is very, very devoted to making you lose, the best thing to do is get a good lawyer.
Does a bad outcome from a doctor mean that medical malpractice has occurred?
No, a bad outcome does not necessarily mean you’ve been the victim of medical negligence. Medical negligence has a definition in the state of Florida. It is the failure to meet the standard of care. The standard of care is what a similarly trained, prudent professional practicing in the same area would have done under similar circumstances. Only then will you have a negligence in a potential medical malpractice case. If you’ve been injured by what you think is medical malpractice, it can be extremely difficult to figure that out. That’s why we encourage you to come consult with us, and we will help you to identify whether you’ve been the victim of medical negligence.
How difficult will it be to win my Florida medical malpractice case?
Our cases are screened, so the cases we take most likely will result in a favorable result for our clients. If we don’t take it, it’s because it’s too difficult to win in most cases. So the answer is, if you get by our screening and we accept the case, then you’re probably going to make a good recovery.
How do I get my medical records to support my medical malpractice case?
In Florida, patients have the right to obtain copies of their medical records. When you sign up with our firm and become our client, we take care of all of that for you, and we obtain your medical records for you.
How does the statute of limitations affect the deadline for filing a medical malpractice case when the victim dies from the medical malpractice?
The statute of limitations is one of the most significant things we look at in our cases. It’s a two year statute in general for all malpractice cases. In wrongful death, it’s a hard stop at two years, and two years from the date of death. Once the statute of limitations runs, the case is permanently barred. The effect is that’s the end of the case, so the sooner you consult a lawyer after a malpractice event or a wrongful death case involving malpractice, the better.
How much will it cost to hire an attorney for my Florida medical malpractice case?
There’s no out-of-pocket cost to any of our clients. We do all our cases on a contingency fee, which is a percentage of the recovery. If we don’t get anything, you don’t pay anything. If you get something, we take a percentage. So the answer is, it costs you nothing out of pocket, but it will cost you on the other end when we recover for you.
If my doctor was negligent, does that mean I will win my medical malpractice case?
To win a malpractice case requires more than just negligence. Negligence is the first element, but you have to prove that that negligence caused injury or is connected to the injury. Then to have any kind of viable case, there has to be a significant injury. Finally, there has to be a significant way to collect on that case. So, you need negligence, causation, significant damages, and an ability to collect. The answer is negligence alone is not enough.
Is a misdiagnosis considered medical malpractice?
Not every misdiagnosis is medical negligence or malpractice. A lot of them are, but some of them aren’t. And that’s why when we take a case, we send it to an expert to tell us whether this is a, for example, a misdiagnosis that should never have occurred, or a misdiagnosis that is something that can happen even in the best of hands. So it depends on each case.
What are some examples of medical malpractice?
Medical malpractice is any time a healthcare provider, whether that’s a doctor, a nurse, or a hospital, falls below the standard of care and causes injury to you or a family member. There are infinite examples of what a medical malpractice case can be. It can be prescribing the wrong medication. It can be discharging you prematurely from the emergency room. It can be misdiagnosing you, for example, if you are having a stroke and they fail to recognize that and don’t give you the treatment that you need. Those are some examples of medical malpractice, but there are many, many more.
What do I need to prove to win my Florida medical malpractice case?
Every malpractice case requires four things. One, there must be negligence or malpractice by the doctor or hospital, their healthcare provider that’s involved. Two, there must be a connection between that negligence and the outcome, meaning the injury, and that’s called causation. There must be causation. Three, there must be damages. For example, if something happens and nobody is hurt or you do pretty well based on the outcome, it’s not really a successful case for us. So you need significant damages resulting from the negligence. That’s the third thing. And finally you need to ask the question, where are you going to collect the money from? So the case against hospitals are obviously easier to do that. Some doctors don’t have insurance, some have a lot of insurance, and so on.
What is a wrongful death medical malpractice claim?
A wrongful death medical malpractice claim is a claim where someone in the family dies as a result of medical negligence or medical malpractice, and those cases are limited to surviving spouses or children under the age of 25, and that’s a suit for the wrongful death of that person. It’s really a personal injury case but it resulted in death instead of injury.
Who can be sued in a Florida medical malpractice case?
In a malpractice case in Florida, the claims are against hospitals, physicians, all sorts of healthcare providers, psychiatrists, dentists, podiatrists, chiropractors, physical therapists. Anyone who has a healthcare provider license in Florida can be sued in a malpractice case.
Who is liable for damages in my Florida medical malpractice case?
The wrongdoer is liable for damages. And if the wrongdoer is a physician, or a hospital, or a nurse, or a chiropractor, or a podiatrist, or any other kind of physician or healthcare provider, they’re the ones that are liable.
Will I have to pay back my health insurance company if I receive damages in my Florida medical malpractice case?
Generally, under Florida law, and in most health insurance policies, you are required to pay back the insurance companies for any money that they spent for your care and treatment that resulted from the wrongful act of another, including medical malpractice.
Will I need expert witnesses for my Florida medical malpractice case?
Yes, expert witnesses are required under Florida law in all medical malpractice cases. In fact, you actually need an expert in the same exact specialty as the defendant, doctor, nurse or hospital in the case.
Will my Florida medical malpractice case settle out of court?
Most of our cases in medical malpractice settle out of court. Roughly 95 to 98% of our cases will settle out of court. That’s because we pre-select them, we prepare them for trial. The other side knows that we’re willing to go to trial and they will settle with us, but it usually takes a while. But almost all of them settle.
Experienced Miami Medical Malpractice Lawyers Delivering Personalized Legal Attention
At Freidin Brown, our Miami medical malpractice lawyers deliver personalized legal attention to each client we represent. We never lose sight of the fact that the outcomes we achieve could change a person’s life for the better. This is why we work relentlessly toward securing maximum compensation for our clients. Under our contingency fee policy, our firm does not charge out-of-pocket legal fees unless we secure compensation for our clients.
If you or your loved one was the victim of medical negligence, we are here to help your family get justice and full financial support. To set up a free, no obligation medical malpractice consultation, please give us a call or contact us online. With law offices in Miami and Fort Myers, we are well-positioned to handle medical malpractice claims throughout South Florida, including in Miami-Dade County, Broward County, Lee County, Palm Beach County, and Collier County.