Miami Medical Malpractice Attorneys
If a medical practitioner or hospital did not provide acceptable care, you could be eligible to file a medical malpractice claim. Our Miami medical malpractice attorneys are here to help.
Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin
- Content last updated on:
- June 28, 2024
Table of Contents
- Why Choose Freedland Harwin Valori Gander?
- What Types of Medical Malpractice Cases Do Our Miami-Based Medical Malpractice Attorneys Handle?
- How Do We Prove Medical Malpractice in Miami, Florida?
- How Our Miami Medical Malpractice Lawyers Can Help You and Your Family
- What Damages Can You Recover in a Medical Malpractice Lawsuit?
- How Much Is My Miami Medical Negligence Claim Worth?
- What Happens if the Health Care Provider Is Not Insured?
- How Much Do Medical Malpractice Lawyers Charge?
- How Long Do I Have To File a Miami Medical Malpractice Lawsuit?
- Who Can Be Held Liable in a Medical Malpractice Case in Miami?
- Call Our Experienced Miami Medical Malpractice Lawyers for a Free Consultation
Florida laws and procedures around medical negligence are complex and have strict requirements. If you wish to pursue damages, you should hire a skilled Miami medical malpractice lawyer with in-depth knowledge of Florida law. The team at Freedland Harwin Valori Gander has deep experience litigating medical malpractice cases, negotiating with insurance companies, and fighting for clients in court, all of which are critical to your chances of receiving compensation.
Why Choose Miami Medical Malpractice Attorneys at Freedland Harwin Valori Gander?
Our Miami medical malpractice attorneys have the experience, resources, and fortitude to take on insurance companies and other parties. Respected groups such as Super Lawyers, Best Lawyers in America, and the South Florida Legal Guide have recognized our firm’s commitment to advocacy. We have obtained over $2.6 billion in verdicts and settlements for our clients.
We also have partners on our legal team who have previously defended hospitals in Miami-Dade County. Therefore, we understand how they typically defend cases and know the important pressure points to get the settlement you deserve.
Our Medical Malpractice Success
$20.2 Million
We won this medical malpractice jury verdict on behalf of the family of a 54-year-old man who died in the hospital from a narcotic overdose and lack of monitoring. Our lawyers proved his doctor failed to take proper precautions and ask the right questions, and it cost a father and husband his life.
$15.2 Million
We won this medical malpractice arbitration award on behalf of a woman who suffered a stroke following childbirth and remains in a minimally conscious state. This case was against Kendall Regional Medical Center, an HCA-affiliated hospital and Level I trauma center.
$5.3 Million
We negotiated this settlement against a hospital in Miami-Dade County involving an elderly gentleman who presented to the emergency room with a spinal cord injury that went undiagnosed, leaving him with a permanent condition.
$2.7 Million
We negotiated this medical malpractice settlement over a hospital’s failure to appropriately interpret pathology following nasal surgery, resulting in a delayed cancer diagnosis.
Our experienced Miami medical malpractice attorneys help our clients through the complicated process of seeking compensation, treating them with the kindness and compassion they need at a trying time. We keep our clients informed throughout the claim process, providing updates and addressing their questions and concerns.
Everyone deserves quality legal representation. We offer free consultations and take our medical malpractice cases on a contingency fee basis. You don’t pay us unless we win.
FHVG serves all of the Miami area, including the following neighborhoods:
We’ve secured successful verdicts and settlements against various medical providers around Miami. For example:
- Kendall Regional Medical Center
- Baptist Medical Center
- Aventura Medical Center
- North Shore Medical Center
- Mt. Sinai Medical Center
- Hialeah Hospital
- Palmetto General Hospital
- Mercy Hospital
- University of Miami Hospital
- Jackson North Medical Center
- South Miami Hospital
We have handled numerous catastrophic injury cases against hospitals in Miami, including, wrongful death, cerebral palsy, misdiagnosis, stroke, brachial plexus, compartment syndrome, spinal cord injury, neurosurgery errors, and many more.
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Coral Gables, FL 33134
Medical Malpractice FAQ Videos
What Types of Medical Malpractice Cases Do Our Miami-Based Medical Malpractice Attorneys Handle?
Emergency Room Errors
Emergency rooms are often hectic, but hospitals, doctors, and other staff must still meet the standard of care acceptable and appropriate in similar settings. Emergency room errors may include failure to treat properly, misdiagnoses, and failure to administer the correct drugs.
Medical malpractice settlement for an elderly gentleman who presented to the ER with a spinal cord injury that went undiagnosed, leaving him with a permanent condition.
All surgeries involve risks, but if your surgeon or another health care professional did not provide you with the required standard of care, you may have a surgical negligence case. Surgery malpractice cases are especially complex, and our team will work with our trusted network of experts to support your claim.
Hospital Malpractice
You can name a hospital or other facility in your malpractice claim when their negligence contributed to your harm, such as by understaffing or lacking proper procedures. Our attorneys will identify these problems and make a persuasive case for the hospital’s share of liability.
Birth injuries often occur because health care professionals fail to take immediate action, such as when babies don’t get enough oxygen and suffer hypoxic-ischemic encephalopathy. You can file a birth injury lawsuit in Miami based on negligent actions that occurred during and immediately after birth that caused harm to you or your child.
A settlement on behalf of a child who suffered a brain injury as a result of oxygen deprivation during birth.
Obstetrical Errors
Obstetricians and gynecologists are sometimes negligent in preventing complications or failing to address them adequately once they arise. Some of the common obstetrical errors our firm takes on include preeclampsia, bleeding complications, uterine rupture, and placental abruption.
Medication errors occur when health care professionals administer incorrect drugs or dosages. Our Miami medication attorneys can pursue action if Miami health care providers make these or other mistakes, such as failing to check for drug interactions or allergies.
In 2022, about 33 percent of claims closed by Florida medical malpractice insurers alleged wrongful death. These cases often involve millions of dollars in damages. You can trust our skilled Miami wrongful death attorneys will seek every available compensation avenue in your medical malpractice lawsuit.
A settlement on behalf of a family who lost their husband/father, who died as a result of being overprescribed pain medication, causing him to suffer cardiopulmonary arrest.
How Do We Prove Medical Malpractice in Miami, Florida?
Poor medical outcomes do not always arise from mistreatment. Your attorney must prove several factors for medical malpractice, including:
- The medical provider owed you a duty of care, typically based on the doctor-patient relationship.
- They breached that duty by not providing you with the accepted standard level of care.
- That breach caused you harm.
- You sustained damages from that harm.
Under Florida’s medical negligence statute, the accepted standard of care equals what a reasonably prudent health care provider would give under similar circumstances. For example, a reasonably prudent doctor doesn’t prescribe the wrong medication.
How Our Miami Medical Malpractice Lawyers Can Help You and Your Family
Florida medical malpractice claims proceed differently than other personal injury cases. There are several ways our award-winning attorneys will serve you:
- Analyzing your case and providing legal guidance: We communicate regularly with our clients, answering questions and recommending the best path forward at each stage of their claims.
- Investigating the incident and gathering evidence: We will collect medical records, proof of your injuries, test results, medical bills, and other documentation to build your negligence claim.
- Consulting experts: Florida requires a reasonable investigation before filing a medical malpractice lawsuit. A doctor licensed in the same field must put in writing that there is evidence of negligence. We also use medical experts as your case progresses to bolster your claim.
- Notifying the other party: Florida law provides a 90-day pre-screening period so the other party can conduct its investigation before you file your claim.
- Attending mediation: Unless you and the other parties agree to a delay or arbitration, mediation is mandatory within 120 days of filing your claim.
- Handling hospitals and insurance companies: We handle all communications with the insurance companies involved in your case. This service includes fighting for you at a mandatory settlement conference at least three weeks before your trial date.
- Representing you in court: When necessary, we will work tirelessly to help prove your case to a judge or jury.
Our accomplished attorneys will bolster your claim. They have the skills to know which damages to seek, who to file against, and how insurance coverage plays into lawsuit settlements. They also know how to fight insurance company tactics, when a settlement is fair, and when it’s best to keep fighting.
From the first call to the last interaction, this law firm welcomed me in like family and stood by me every single step of the way. They are true professionals, and you should consider yourself fortunate if you are blessed to have FHV right a wrong for you. I will be forever in their debt for representing me in a first-class manner.
What Damages Can You Recover in a Medical Malpractice Lawsuit?
You can collect compensatory damages for your economic and non-economic harm in a medical malpractice claim, including:
- Current and future medical and rehabilitation costs
- Lost wages and future earnings
- Cost of home nursing or aides
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
- Scarring and disfigurement
If your loved one has died from medical negligence, you may seek damages for funeral and burial costs, loss of companionship, loss of financial benefits such as insurance, and loss of future guidance and support.
Sometimes, Florida also allows punitive damages in medical negligence lawsuits. You can only pursue these damages when the conduct was intentional or grossly negligent. The law limits punitive damages to three times your compensatory damages, or $500,000. Our lawyers are committed to seeking the maximum compensation for our clients so they can start repairing their lives.
How Much Is My Miami Medical Negligence Claim Worth?
It is difficult to put a monetary value on your medical negligence claim until we know your exact case details. Some factors that affect your potential compensation include the following:
- The severity of your injuries and their impact on your life
- The quality of your evidence
- Your attorney's skill
- Whether you can seek punitive damages
- The level of fault assigned to the defendant
Based on information from the National Practioner Databank, there were 2,367 settled malpractice claims in Florida in 2022 and 2023. Almost 12 percent settled for less than $50,000, while nearly 7 percent settled for at least $1 million. Thirty percent of the settlements—the largest portion—fell between $250,000 and $499,000.
What Happens if the Health Care Provider Is Not Insured?
Florida law requires doctors to have at least $100,000 in protection for malpractice claims with a yearly aggregate of $300,000. If they have hospital privileges, they must protect themselves at $250,000 per claim with an annual aggregate of $750,000. They can do so through an insurance policy, an escrow account, or an irrevocable letter of credit.
Some doctors don’t have enough malpractice protection to cover your losses and are personally responsible for damages not otherwise covered. Having an experienced Miami medical malpractice attorney for these claims is critical. They have the skills and resources to investigate your doctor’s assets and identify the best path to recovering compensation.
How Much Do Medical Malpractice Lawyers Charge?
At FHVG, we offer free consultations to potential medical malpractice claimants. If you decide to partner with us, we will handle your case on a contingent fee basis. That means you only pay us an agreed-upon percentage if we secure compensation. There are no hidden charges, and if you have any questions about our fee structure, we will gladly answer them.
How Long Do I Have To File a Miami Medical Malpractice Lawsuit?
You must file most Florida medical malpractice lawsuits within the state’s two-year statute of limitations. The clock starts running on the medical error or diagnosis date or the date on which, through due diligence, you should have discovered your harm. Even in cases where you didn’t know you were harmed, you must file your claim within four years of the medical practitioner’s actions.
There is an exception if the doctor or hospital engaged in fraud, misrepresentation, or concealment to prevent you from discovering your injury. In those cases, you have two years from when you discovered or should have discovered your harm. However, you must file a suit within seven years of the incident date.
Miami-Dade County is part of the Third District Court of Appeals, and that court has strictly interpreted the statute of limitations. Therefore, it is vital to file meritorious cases timely.
Who Can Be Held Liable in a Medical Malpractice Case in Miami?
Depending on whose negligence contributed to your damages, your Miami medical malpractice attorney can name several parties in your lawsuit, including:
- Health care professionals, such as doctors, surgeons, nurses, and anesthesiologists
- Hospitals, clinics, and others that employ doctors
- Pharmaceutical companies that failed to warn doctors of medication risks
- Medical device manufacturers, in cases of product defects
Some medical malpractice lawsuits involve multiple defendants. For example, you may have a case against a negligent doctor and the hospital if they did not properly vet or train them.
Call Our Experienced Miami Medical Malpractice Lawyers for a Free Consultation
At FHVG, we treat our clients like family and give every case the personalized attention it deserves. We are dedicated to fighting insurance companies, corporations, and others who don’t want to provide fair compensation. Our commitment to helping people has precipitated more than $2.6 billion recovered for our deserving clients.
This group went above and beyond to get the results that we needed and deserved. I was very pleased with the outcome from my case. I would definitely recommend them to anyone who needs their services. My sincerest thanks to everyone there!
Call us at (954) 467-6400 or complete our online form to start your case today with a free medical malpractice case review.
