Miami Medical Malpractice Lawyers
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’re standing up to medical facilities and their powerful insurance companies.
To schedule your free case review with someone from our medical malpractice firm, call us today or reach out to us online. We will listen to your story and tell you how we can help you seek justice.
What Is Considered Medical Malpractice?
Medical malpractice refers to professional negligence by a healthcare provider that causes injury or harm to a patient. For a medical malpractice claim to be valid in court, your Miami medical malpractice lawyer must prove that four legal criteria must be met:
- A duty was owed: There was a doctor-patient relationship and the provider had a responsibility to provide competent care.
- Breach of duty: The doctor or caregiver failed to meet the standard of care and was negligent in some way. This could be through an error, inadequate skills, or failure to follow protocol.
- Causation: The breach of duty directly caused the patient’s injury or damages. There must be a link between the mistake made and the harm that occurred.
- Damages: Quantifiable injury or loss occurred including physical, emotional, or financial harm. There must be provable damages for compensation.
Some examples of potential medical malpractice include misdiagnosis/delayed diagnosis, medication errors, surgical mistakes, childbirth injuries, and more. Miami medical malpractice attorneys can examine your evidence and tell you if you have a valid claim.
What Damages Can I Recover in a Medical Malpractice Case?
In Miami, 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 quality of life / companionship
- Death benefits in the event of wrongful death
What Damages Can You Recover in a Medical Malpractice Case?
In Miami, 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 quality of life / companionship
- Death benefits in the event of wrongful death
Who You Can Sue for Medical Malpractice in Miami, Florida
If you are injured due to medical malpractice, potential parties a Miami medical malpractice lawyer may be able to hold liable for compensation include:
- Treating physician(s) – Doctors directly responsible for the negligent care that caused the injury
- Nurses and physician assistants – Nurses or PAs involved in the improper treatment
- Hospitals – Hospitals that employed the negligent healthcare providers can be held vicariously liable
- Clinics – Similarly, clinics, practices, surgery centers liable for doctors’ negligence
- Anesthesiologists – Anesthesia errors before/during surgery may be grounds to sue anesthesiologists
- Medical technicians – Lab techs, radiologists, phlebotomists and other technicians who caused injury
- Medical product manufacturers – Makers of defective devices, pharmaceuticals or equipment may be liable
- Third-party contractors – Contracted service providers like ambulance companies can share liability if negligent
- Relevant specialists – Other specialists who failed to provide proper guidance may bear liability
Identifying each entity involved in the negligent medical treatment leading to the injury is important for determining all potential liable parties that could justly provide compensation. Miami medical malpractice lawyers will conduct an investigation and use evidence to identify every potentially liable party in your claim.
How Much Can You Sue For Malpractice in Miami?
Damage caps in Florida medical malpractice claims are complicated. State laws differentiate between “medical practitioner” defendants and “non-practitioner” defendants in these cases. According to Fla. Stat. § 766.118, in most medical malpractice cases, the damage cap is set at $500,000.
A Miami medical malpractice lawyer can examine the evidence and damages in your claim and give you an estimate of its value. Reach out to us to schedule your free consultation to learn more about your estimated compensation.
Who Can Sue a Hospital in Miami, Florida?
In Florida, several parties can sue a hospital for medical malpractice or negligence, depending on the circumstances. These include:
- The patient: If you have been directly harmed by the negligent actions or inactions of a hospital or its staff, you have the right to sue for damages.
- Family members: If a patient dies due to hospital negligence, certain family members may have the right to file a wrongful death lawsuit. In Florida, the following family members can sue:
- The patient’s spouse: Florida, the spouse of a patient who is injured or dies from an act of medical malpractice can file a claim to recover their damages.
- The patient’s children (if there is no spouse): In cases where there is no spouse, the children of victims of medical malpractice in Miami can file a personal injury claim or a wrongful death claim in cases of fatal malpractice incidents.
- The patient’s parents (if there is no spouse or children): In Florida, parents of patients who died as a result of medical negligence can sue for compensation.
- Blood relatives or adoptive siblings: who were dependent on the patient for support or services
- The patient’s estate: If the patient died due to hospital negligence, the personal representative of the patient’s estate might be able to file a survival action to recover damages that the patient could have pursued had they survived.
- Parents of a minor child: If a minor child is harmed by hospital negligence, the parents may sue on behalf of the child.
- Legal guardians: If the patient is incapacitated or unable to make decisions for themselves, their legal guardian may have the right to sue on their behalf.
To have a valid claim, the person suing must demonstrate that the hospital or its staff acted negligently, causing harm or injury to the patient. This typically requires proving that the hospital failed to meet the accepted standard of care within the medical community and that this failure directly caused the patient’s injuries or damages.
What Is the Average Settlement for Medical Malpractice Lawsuit in Miami
There is no average settlement amount you can expect to settle for in medical malpractice claims in Miami because the specifics of each case will greatly vary. The average claim in Florida is $210,000, but you may get a court award or settlement for much more or much less.
The best way to find out how much your medical malpractice claim may be worth is to get a consultation with a Miami medical malpractice attorney so we can review your case.
How Long Does a Medical Malpractice Lawsuit Take in Florida?
The timeline for a medical malpractice lawsuit in Florida can vary significantly depending on the complexity of the case, the willingness of the parties to negotiate a settlement, and the court’s schedule. However, in general, medical malpractice lawsuits in Florida tend to take longer than other types of personal injury cases due to their complex nature and the state’s strict procedural requirements.
On average, a medical malpractice lawsuit in Florida can take anywhere from one to five years to resolve, and sometimes even longer. Here are some factors that can impact the timeline:
- Pre-suit investigation: Before filing a lawsuit, Florida law requires plaintiffs to conduct a pre-suit investigation, which includes obtaining an affidavit from a medical expert supporting the claim. This process can take several months.
- Notice of intent: After the pre-suit investigation, the plaintiff must serve a notice of intent to sue on the defendant, who then has 90 days to respond.
- Filing the lawsuit: If the case is not resolved during the 90-day response period, the plaintiff can file a lawsuit.
- Discovery: The discovery process, which involves exchanging evidence and conducting depositions, can take several months to a year or more, depending on the complexity of the case.
- Expert testimony: Medical malpractice cases often rely heavily on expert testimony, which can lengthen the discovery process and trial preparation.
- Settlement negotiations: If the parties engage in settlement negotiations, this can also impact the timeline.
- Trial: If the case goes to trial, it can take several weeks to a month or more to complete, depending on the court’s schedule and the complexity of the case.
- Appeals: If either party appeals the verdict, this can add several months or even years to the timeline.
Given these factors, it’s not uncommon for a medical malpractice lawsuit in Florida to take several years to resolve. However, a Miami medical malpractice attorney can help guide you through the process and work to resolve your case as efficiently as possible while still protecting your rights and interests.
What are Your Rights as a Victim of Medical Malpractice
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, your Miami medical malpractice attorneys must prove that you 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.
As an injured victim of medical malpractice, you have the right to bring legal action against the party that harmed you with the help of a Miami medical malpractice lawyer, whether it be a doctor, nurse, or other type of health care provider.
Choose Freidin Brown Miami Medical Malpractice Lawyers for Your Case
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 injured, which is why we let nothing stand in our way when protecting your 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
A Miami medical malpractice attorney 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.
Get a Free Consultation With a Medical Malpractice Lawyer in Miami
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 your life for the better. This is why we work relentlessly toward securing maximum compensation for our clients.
Working with a skilled medical malpractice lawyer in Miami can make all the difference in your case. We know how to hold the big insurance companies accountable for paying claims.
We don’t believe your current financial situation should determine whether or not you can seek justice after medical negligence. Under our contingency fee policy, our firm does not charge out-of-pocket legal fees unless we secure a settlement or court award. This means you can file a claim, even if you don’t have the funds to pay lawyer fees right now.
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.
