Our Law Firm Handles the Full Range of Medical Malpractice Claims in Coral Gables
At Dolan Dobrinsky Rosenblum Bluestein, LLP, our Coral Gables medical malpractice lawyers are skilled, knowledgeable, experienced, and committed to delivering the best possible outcome for patients. We hold negligent doctors, negligent health care providers, and medical malpractice insurance companies to account. If you or your loved one was harmed by medical negligence, we are here to help. Contact our Coral Gables, FL medical malpractice attorney today for a free, no obligation, and completely confidential initial consultation.
Medical Malpractice: Know the Basics to File a Medical Malpractice Claim
An adverse outcome after getting medical care is not automatically malpractice. Still, medical errors are a serious problem in Florida—and an error may be the basis of a malpractice claim. Each year, tens of thousands of patients (and their families) are harmed by preventable mistakes. Negligent doctors, negligent nurses, and negligent health providers must be held accountable. Under Florida law, medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care and causes harm to a patient as a result. Here is an overview of the four core elements of a medical malpractice claim in Florida:
- A Doctor-Patient Relationship Was Formed: Medical malpractice is a form of professional negligence. To pursue a successful malpractice claim in Florida, you must first establish that a formal doctor-patient relationship was formed. The relationship is the material thing that imposes a legal duty on the provider to offer care consistent with medical standards.
- A Breach of the Standard of Care (Negligence): In Florida, healthcare providers are expected to deliver care that meets the standard of what a reasonably competent medical professional would provide in the same situation. A breach occurs when their actions—or failure to act—fall below this standard. Notably, this is almost the most contested issue in malpractice claims. It typically requires expert medical testimony to prove negligence.
- Clear Causation Between the Breach and the Patient’s Harm: Next, you should know that it is not enough to show that a mistake occurred. You must also prove that the breach of care directly caused or significantly contributed to your injuries. Establishing causation can be particularly challenging in cases involving complex issues—especially if the patient had a pre-existing condition.
- Actual Harm (Damages): Without damages, there is no viable medical malpractice claim. To hold a doctor or other health provider liable, you must have suffered tangible harm as a result of the provider’s negligence. These damages can be physical, emotional, or financial in nature. Common examples include medical bills, lost wages, and pain and suffering. Without measurable damages, a malpractice claim cannot move forward in Florida.
We Handle All Medical Malpractice Cases in Coral Gables, Florida
Dolan Dobrinsky Rosenblum Bluestein, LLP is a boutique law firm that has the specialized knowledge and expertise to take on even the most complex of medical malpractice cases. Our Coral Gables medical malpractice attorneys and Miami medical malpractice attorneys fight for justice for victims and families. Along with other medical malpractice cases in Coral Gables, our experienced medical malpractice lawyer has experience with:
- Diagnostic Errors: Many medical malpractice claims are based on diagnostic errors, including failure to diagnose, delayed diagnosis, and misdiagnosis. Timely and accurate diagnosis is crucial for effective medical treatment. When a healthcare professional fails to diagnose a condition—or diagnoses it incorrectly—patients can suffer severe harm if a misdiagnosis occurs from not following a patient’s medical records.
- Surgical Errors: Mistakes made in the operating room can have devastating consequences. Surgical malpractice may involve performing the wrong procedure, operating on the wrong site, leaving instruments inside a patient, or failing to follow proper protocols.
- Medication Errors: Prescribing or administering the wrong medication—or the wrong dosage—can cause serious injuries. Medication errors may involve doctors, nurses, or pharmacists and can result from poor communication, oversight, or system failures.
- Birth Injuries: Negligence during pregnancy, labor, or delivery can lead to life-altering injuries for both mothers and newborns. We handle cases involving conditions such as cerebral palsy, Erb’s palsy, oxygen deprivation, and other preventable complications.
- Anesthesia Errors: Anesthesiologists must carefully monitor and manage a patient’s vital signs. Errors in anesthesia—including overdosing, underdosing, or failing to account for allergies—can lead to brain damage, cardiac arrest, or even death.
- Hospital Negligence: Many malpractice claims are brought against hospitals. Hospitals have a duty to ensure a safe environment and competent staff. If poor hygiene, staffing issues, or lack of proper supervision contributes to a patient’s injury, the facility itself may be held liable.
Your Guide to Medical Malpractice Law in Florida
Were you the victim of medical malpractice in Coral Gables? Your claim is governed by state law. Here are some of the key points to know about Florida medical malpractice laws:
- Medical Expert Testimony is Mandatory in a Malpractice Case: Under Florida law, medical malpractice claims must be backed by expert testimony. The expert must be a licensed healthcare provider with relevant qualifications and experience in the same or a similar specialty. They must testify that the defendant deviated from the accepted standard of care and that this deviation directly caused the patient’s injury.
- Pre-Suit Notice Requirement for Medical Malpractice Lawsuits: Florida has a unique pre-suit process for medical malpractice cases. Before filing a lawsuit, you must notify the healthcare provider of your intent to sue. The notice must include a sworn affidavit from a qualified medical expert who certifies that there is a reasonable basis for the claim. Once served, a 90-day investigation period begins, during which the provider can respond, investigate, and, if they opt to do so, make a settlement offer.
- Medical Malpractice Statute of Limitations and Statute of Repose (Deadlines): In Florida, strict time limits apply to medical malpractice claims in Florida. In general, you have two years from the date the injury was discovered—or should have reasonably been discovered—to file a lawsuit. However, Florida also enforces a four-year statute of repose, which means that no claim can be filed more than four years after the actual date of the malpractice, regardless of when it was discovered. There are very limited exceptions to the statute of repose, such as in retain surgical object cases.
We Fight for the Maximum Compensation for Medical Malpractice Victims Against Their Healthcare Provider
Through a medical malpractice claim in Florida, you have the right to seek compensation for economic losses and non-economic damages. Unfortunately, you cannot rely on any medical malpractice insurer to look out for your best interests. These are aggressive companies—and even when liability is clear, they fight hard to pay out as little as possible in settlement. Our Coral Gables, FL medical malpractice lawyers can help. You may be entitled to recover compensation for:
- Emergency room treatment;
- Hospital bills;
- Other medical expenses;
- Physical therapy;
- Rehabilitative care;
- Loss of wages;
- Diminished earning power;
- Pain and suffering;
- Mental distress;
- Long-term disability;
- Reduced quality of life; and
- Wrongful death.
How Our Coral Gables Medical Negligence Lawyers Can Help Recover Lost Wages and Cover Medical Expenses
Medical malpractice laws are notoriously complex. There can be a lot of questions about how exactly to take on this type of case. You do not have to go up against a medical malpractice insurer alone. The right attorney can make the difference. At Dolan Dobrinsky Rosenblum Bluestein, LLP, our Coral Gables medical malpractice lawyer and Miami medical malpractice lawyer have the specialized expertise that you can trust. With a long history of testimonials from former clients, we have been there before. Among other things, our Coral Gables, FL medical malpractice lawyers are prepared to:
- Conduct a free, comprehensive review of your medical malpractice case;
- Investigate the medical negligence case—gathering relevant evidence;
- Help you connect with the right expert witness for your case;
- Handle settlement negotiations with the medical malpractice insurer; and
- Develop a comprehensive strategy focused on maximizing your recovery.
We Fight for the Best Results in Medical Malpractice Cases in Coral Gables
We are committed to fighting for the absolute maximum financial compensation for victims and families. Our case results tell the story best: We have secured more than $1 billion for clients across our practice areas, including in medical negligence claims. Here is an overview of some of our recent results in medical malpractice cases in Florida:
- $2.4 million for the parents of a young man who committed suicide after being improperly discharged from a mental health facility in Florida.
- $2.25 million for a patient who sued doctors when his regimen of prescriptions for a heart condition and high cholesterol was modified by his treating physician to include two drugs that were specifically contraindicated by the drug manufacturer.
- $1.125 million for a 54-year-old retired physician and father of four who was admitted to a local hospital with chest and stomach pains. Despite radiological studies which clearly showed that his aorta was leaking blood and threatening his life, the hospital doctors failed to properly diagnose him.
Medical Malpractice Law in Coral Gables: Frequently Asked Questions (FAQs)
What Should I Look for in a Coral Gables Medical Malpractice Lawyer?
You need an attorney who is skilled, knowledgeable, experienced, and who is prepared to provide personalized advocacy. The right Coral Gables, FL medical malpractice lawyer can make a big difference in your case. Do not go it alone: Set up a free consultation with a top-tier Coral Gables medical malpractice attorney as soon as possible.
Who Qualifies as a Medical Expert for Testimony Purposes in a Florida Malpractice Case?
Under Florida Statutes § 766.102(5), a medical expert must be a healthcare provider who holds a valid and unrestricted license in the same or a similar specialty as the defendant and who has been actively practicing or teaching within the past five years. If the defendant is a general practitioner, the expert must also be a general practitioner. Notably, Florida strictly prohibits so-called “hired gun” experts who are not actively engaged in clinical practice or instruction. Our Coral Gables, FL medical malpractice lawyer can help you connect with the right expert witness for your case.
What is the Role of Arbitration in Florida Medical Malpractice Cases?
Florida permits voluntary and binding arbitration in medical malpractice cases under Florida Statutes § 766.207. If the defendant healthcare provider admits liability during the pre-suit phase, either party may offer to resolve damages through binding arbitration.
Are There Caps on Damages in Florida Medical Malpractice Cases?
No. As of 2017, Florida no longer enforces statutory caps on non-economic damages in medical malpractice cases. The Florida Supreme Court has held that such caps on non-economic damages in personal injury medical malpractice actions violate the Equal Protection Clause of the Florida Constitution. There are currently no caps on non-economic damages for medical malpractice cases.
Can a Hospital Be Held Vicariously Liable for the Actions of an Independent Contractor Physician in Florida?
Many doctors who practice in a hospital setting are actually classified as independent contractors—meaning that they are not actually employees of the hospital. Florida follows the rule that hospitals are not liable for the negligence of independent contractor physicians. However, vicarious liability may still attach under the doctrine of apparent agency if the patient reasonably believed the physician was an employee of the hospital and the hospital did not take steps to inform the patient otherwise.
You Can Always Afford a Top-Rated Coral Gables Medical Malpractice Attorney
You never have to worry about the cost of legal representation with Dolan Dobrinsky Rosenblum Bluestein, LLP. We handle medical malpractice claims on a contingency fee basis. Our firm does not charge upfront costs for our hourly expenses. Instead, we only collect legal fees when our clients get paid. You never have to concern yourself with paying anything out of your own pocket. We will front all costs associated with your case. Your initial consultation with our Coral Gables, FL medical malpractice attorney is free, confidential, and comes with zero additional obligations.
Contact Our Coral Gables Medical Malpractice Lawyer for a Free Consultation
At Dolan Dobrinsky Rosenblum Bluestein, LLP, our Coral Gables, FL medical malpractice lawyers have the experience that you can trust. If you or your loved one was the victim of any type of medical negligence, we are more than ready to help. Contact us right away for a free, no strings attached case evaluation. Our firm handles medical malpractice cases in Coral Gables, Miami-Dade County, and throughout all of South Florida.
Our attorneys at Dolan Dobrinsky Rosenblum Bluestein, LLP representing clients in different personal injury cases are ready to serve you and support you in your legal trials.