Table of Contents
Table of Contents
What Is Considered Medical Malpractice in Miami?
Medical malpractice occurs when a healthcare provider’s treatment falls below the prevailing professional standard of care, resulting in patient injury or death. To have a valid claim in Miami-Dade courts, your attorney must establish four specific legal elements:
- Duty of care: A formal provider-patient relationship existed, creating a legal obligation for the professional to treat you competently.
- Breach of the standard of care: The provider failed to act as a reasonably prudent professional would have acted under similar circumstances.
- Causation: There is a direct, verifiable link between the medical error and your resulting injury (it must be “more likely than not” that the error caused the harm).
- Compensable damages: You suffered actual losses, such as additional medical bills, lost wages, permanent disability, or intense pain and suffering.
Florida law is incredibly strict regarding who can testify about a breach of care. Under Florida Statute § 766.102(5), your legal team must secure a Verified Medical Expert Opinion from a professional who:
- Specializes in the same field as the defendant (e.g., a neurosurgeon must testify against a neurosurgeon).
- Has been active in clinical practice or teaching within that same specialty for at least three to five years prior to the incident.
- Holds a valid expert witness certificate if they are practicing outside of Florida.
Some examples of potential medical malpractice include misdiagnosis/delayed diagnosis, medication errors, surgical mistakes, childbirth injuries, and more. A Miami medical malpractice attorney at our firm can examine your evidence and tell you if you have a valid claim.
How We Can Help with Your Claim
Securing compensation in Florida requires overcoming the strict procedural “gatekeepers” of Florida Statute Chapter 766. Our firm manages every phase of this complex litigation:
- Immediate pre-suit investigation: We initiate the mandatory 90-day investigation required by law to identify all potentially liable parties, including surgeons, hospitals, and third-party contractors.
- Securing same-specialty experts: We leverage a national network to find a Verified Medical Expert in the exact specialty of the defendant to provide the sworn affidavit necessary to move your case forward.
- Board-Certified advocacy: With Board-Certified civil trial lawyers overseeing your file, we provide the high-level expertise required for “medical negligence” litigation.
- Aggressive discovery & litigation: We handle medical record exchanges, depositions of hospital staff, and technical evidence collection. If the insurance carrier refuses a fair settlement, we are prepared to present your case before a Miami-Dade County jury.
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 seek legal action against the responsible party, such as a doctor, nurse, or other healthcare provider. With the assistance of a Miami medical malpractice lawyer, you can protect your rights when a loved one dies due to negligence or misconduct in medical care.
The Freidin Brown Difference: Elite Advocacy for Miami Malpractice Victims
Choosing a legal team is the most critical decision in a medical malpractice claim. At Freidin Brown, we strategically litigate cases with the attention to detail and technical expertise that larger firms cannot match.
- Direct oversight by Philip Freidin: Unlike high-volume firms that delegate to junior staff, founding partner Philip Freidin personally oversees every medical malpractice lawsuit we accept. With over 50 years of experience, he ensures each case is built on a foundation of elite trial strategy.
- Total commitment to your case: We carefully select a limited number of cases so our Miami medical malpractice attorneys can devote the time, expertise, and resources required to secure the maximum possible recovery.
- Dual-layered strategy sessions: For every Personal Injury and Malpractice matter, at least two attorneys oversee the planning and development phase. This collaborative environment ensures no detail is overlooked during the critical 90-day pre-suit investigation.
- Board-certified: Our team includes two Board-certified attorneys by the Florida Bar. This tells the courts and insurance companies that your lawyers are experts in the rules of evidence and courtroom litigation.
- Trial-tested readiness: We are career trial lawyers who have taken over 300 cases to jury trials. Philip Freidin alone has conducted more than 200 jury trials and 100 non-jury trials. We prepare every file as if it were going before a jury.
- National expert network: We collaborate with a team of medical and nursing experts to strengthen your case.
- Seamless attorney-paralegal oversight: In our firm, paralegals oversee cases alongside attorneys. This high-level integration ensures that administrative and legal milestones are met with precision and that you are always informed.
- Cutting-edge courtroom technology: We use the latest digital health data analysis and courtroom presentation technology to make complex medical errors easy for a Miami-Dade County jury to understand.
- A legacy of results: With over 45 years of service and 100 years of combined experience, we have the knowledge and the financial resources to stand up to the most powerful hospitals and insurance conglomerates in South Florida.
- Contingency-based representation: We advance all costs associated with expert witnesses and filing fees. You owe no legal fees unless we successfully recover a settlement or jury award on your behalf.
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Who Has the Right to Sue in a Medical Malpractice Case in Miami?
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:Â 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 estate might be able to file a survival action to recover damages the patient could have recovered had they survived.
- Parents of a minor child: If the child is harmed by hospital negligence, the parents may sue on the child’s behalf.
- 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.
As an injured victim of medical malpractice, you have the right to seek legal action against the responsible party, such as a doctor, nurse, or other healthcare provider. With the assistance of a Miami medical malpractice lawyer, you can protect your rights when a loved one dies due to negligence or misconduct in medical care.
You and your staff are simply the best. Jonathan I would like to say I proud of the manner in which you conducted yourself toward my family matter. You are my mentor and someone that I look up to. . . . I will always remember you and would highly recommend you to any family and friends. We appreciate everything you did for us. Staying with us. Being patient with us. And, most importantly believing in us. Our family will forever have a feeling of gratitude for all that you have done. I have tremendous respect and appreciation for Phil Freidin. He is a powerful and kind lawyer. He has proven to me that he genuinely cares about his clients; however, he is a force to be reckoned with in the conference and court rooms. Jonathan impressed me with his professionalism and expertise! Jonathan and Lizy handled my Medical Malpractice case with skill and secured a favorable outcome! They were responsive and kept me informed throughout my process. I highly recommend them to my Family and Friends! They were not even able to take on my case, but the person who did my intake and the lawyer I spoke to were incredibly validating, kind, and helpful. I appreciated the care and time they gave me even when I did not become a client. Jonathan, Phil, and the rest of the Freidin Brown attorneys were both professional and compassionate. They were always responsive to my family and me, and they have a deep dedication to their clients. I highly recommend the great lawyers at this firm! My experience with Freidin Brown was above my expectations. Philip Freidin took my case and settlement to finish line with amazing results. I highly recommend this Law Firm. Our family was referred to Freidin Brown by another attorney who could not handle our case and from day one we felt like we were in good hands. Johnathan Freidin was always available and willing to answer any questions we had. We are extremely happy with the results of our case and would recommend this team in a heartbeat. Had the pleasure of working with Andrew this year. He was very knowledgeable, but most importantly, he asked questions and listened to truly understand MY needs. Would definitely use this team again.
Damages You Can Recover in a Miami Medical Malpractice Claim
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.
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
At Freidin Brown, P.A., our Miami medical malpractice attorneys are committed to achieving results. You deserve full and fair financial compensation for your damages. Let us fight to secure the justice you deserve when you’ve been harmed by an act of medical negligence that should never have happened. Learn more about the facts about damages in medical malpractice cases and how we can assist you.
All our legal fees are earned on a contingency basis, meaning that we only get paid if we obtain a recovery for you.
Who Can You Sue for Damages in a Medical Malpractice Case in Miami, Florida?
If you are injured due to medical malpractice, potential parties that 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, and surgery centers are 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.
Frequently Asked Questions
What are some of the most common malpractice claims in Miami?
The most common medical malpractice claim in Miami involves misdiagnosis or delayed diagnosis. Errors in diagnosing conditions like stroke, heart attack, sepsis, and cancer can lead to devastating consequences, especially when early treatment is critical. Miami hospitals and emergency rooms handle thousands of urgent cases daily, and when doctors fail to recognize symptoms, order proper tests, or interpret results correctly, patients may suffer severe or even fatal harm. Other frequent malpractice claims include surgical mistakes, medication errors, and birth injuries, but diagnostic failures remain the leading cause of malpractice lawsuits. If you or a loved one suffered due to a medical error in Miami, the experienced Miami medical malpractice lawyers at Freidin Brown, P.A. can help you pursue justice. Contact us today for a free consultation.
How long does a medical malpractice lawsuit take in Miami, Florida?
The timeline for a medical malpractice lawsuit in Florida can vary significantly depending on the case’s complexity, the parties’ willingness to negotiate a settlement, and the court’s schedule. However, in general, medical malpractice lawsuits in Florida tend to take longer than other personal injury cases due to their complexity 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 is the average settlement for a medical malpractice lawsuit in Miami?
Settlement amounts in Miami medical malpractice cases can vary widely, but most fall into a broad range. In Miami, the average malpractice settlement is generally in the six-figure range, often roughly on the order of a few hundred thousand dollars. Keep in mind this is an approximate figure – individual settlements can be higher or lower depending on the circumstances.
Relatively minor injury cases may settle for lower sums (for example, in the tens of thousands of dollars), whereas cases involving severe injury, lifelong disability, or death can result in much larger payouts. In some instances, settlements or jury awards reach seven figures (over a million dollars) for the most catastrophic cases.
The exact value depends on factors like the extent of harm, medical expenses, lost income, and the strength of evidence linking the provider’s negligence to the injury. Every case is unique, so while an approximate range can be given, your settlement could fall above or below that range based on the facts of your situation.
How can a Miami medical malpractice lawyer help my case?
Facing a medical malpractice claim in Miami is daunting, but a qualified local malpractice attorney can greatly improve your chances of success. Experienced lawyers provide vital support at each stage of the process – from initial investigation through settlement negotiations or trial.
Freidin Brown, P.A.
Address: 2 S Biscayne Blvd, Miami, FL 33131, United States
Phone: (888) 677-7764
Opening Hours: Call Us 24/7 for a FREE Consultation
