Homestead Medical Malpractice Lawyer

Homestead, FL Medical Malpractice Lawyer

Schedule a Free Consultation With a Top-Tier Homestead Medical Malpractice Attorney

At Dolan Dobrinsky Rosenblum Bluestein, LLP, our Homestead medical malpractice attorney is a skilled, knowledge, and justice-focused advocate for patients harmed due to the negligence of a doctor, hospital, or other health care provider. Our firm has what it takes to hold medical malpractice insurers accountable. If you or your close loved one was the victim of medical negligence, we can help. Contact our Homestead medical malpractice attorney today for a free, confidential initial case review.  

Our Firm Handles the Full Range of Medical Malpractice Claims in Homestead, Florida

Dolan Dobrinsky Rosenblum Bluestein, LLP is a full-service law firm devoted to providing the absolute top quality of legal representation to patients and families. With more than $1 billion in settlements and trial verdicts, we have experience in very high-stakes cases. Our firm handles all types of medical malpractice cases. Regardless of what happened and the severity of your injuries, our team will review your case and determine what needs to be done next. Along with other types of medical malpractice cases in Homestead, we have experience with:

• Delayed Diagnosis/Failure to Diagnose: In some cases, a doctor might not diagnose a health problem quickly enough, or they might miss it altogether. This can lead to a patient’s condition getting worse because they did not get treatment when they needed it. It is also one of the most common types of malpractice. If you were a victim of delayed diagnosis or failure to diagnose, contact our Homestead medical malpractice lawyer for immediate help.  
• Doctor Misdiagnosis: Misdiagnosis is another major issue. It happens when a doctor incorrectly diagnoses a patient’s condition, leading to the wrong treatment. Misdiagnosis can be harmful because the actual illness may continue to progress untreated, or the wrong treatment can cause additional health issues. Our Homestead, FL medical malpractice attorneys have deep experience with doctor misdiagnosis claims. 
• Surgical Mistakes: Surgery is complex and requires a high level of precision. Mistakes during surgery can have serious consequences. Surgical errors can include operating on the wrong body part, leaving surgical instruments inside the patient, or performing the wrong procedure. These mistakes can lead to additional surgeries, prolonged recovery, or more severe health issues. If you or your loved one was a victim of a surgical mistake, our Homestead medical malpractice lawyer can help. 
• Anesthesiologist Negligence:  Anesthesiologists play a crucial role in ensuring patients are safely sedated during surgery. Errors in administering anesthesia—such as giving too much, too giving too little, or using the wrong type—can lead to severe complications. In some cases it could even be life-threatening. Our Homestead medical malpractice attorneys handle the full range of anesthesiology errors claims. 
• Prescription Drug Mistakes: Medication errors occur when a healthcare provider prescribes the wrong medication or dosage. It can also happen if a pharmacist dispenses the wrong drug or dosage. These errors can cause adverse reactions, ineffective treatment, or worsen the patient’s condition. Were you the victim of a medication mistake? Contact our Homestead medical malpractice attorney for immediate help. 
• Birth Injuries: These are injuries that occur to a baby during childbirth. Though, a mother could also potentially suffer injuries during childbirth that are caused by medical malpractice. They can result from mistakes made by doctors, nurses, or other healthcare professionals. Examples include failing to monitor the baby’s oxygen level or misusing birthing tools. Contact us today for a free consultation with our Homestead, FL birth injury attorney.
• Dental Malpractice: A medical malpractice claim may be brought against medical professionals beyond just doctors. For example, dental malpractice can result in nerve damage, infections, or loss of teeth. Our Homestead medical malpractice lawyers have the skills and legal expertise to take on dental malpractice claims.

A Comprehensive Overview of the Medical Malpractice Laws in Florida

Medical malpractice laws in Florida are designed to protect patients when they are harmed due to a healthcare provider’s mistakes or negligence. These laws set standards for what is considered acceptable medical care and what is not. Under Florida law (Florida Statutes § 766.102), medical malpractice occurs when a doctor or other medical professional/medical provider engages in “a breach of the prevailing professional standard of care for that health care provider.” Here are four things that you must prove to bring a successful medical malpractice claim in Homestead: 

• Duty of Care (Doctor/Patient Relationship): To start, a patient who is bringing a medical malpractice lawsuit in Miami-Dade County must establish the existence of a doctor-patient relationship. It is this relationship that creates a legal duty for the doctor to provide care that meets certain professional standards.
• Breach of Duty (Substandard Services): A bad outcome is not always medical malpractice. Once a person has established that there was a doctor/patient relationship, they next must show that the doctor (or other health care provider) breached the required standard of care. In other words, the defendant must have done something wrong in a professional capacity. 
• Causation (Connection Between Negligence and Harm): Causation is required. It is not enough to simply show that a doctor or other medical professional in Florida made a mistake. The claimant must also prove that the breach of duty of care (negligence) was causally linked to harm that they suffered. 
• Damages (Actual Patient Harm): Finally, it is imperative that a patient proves that they suffered actual tangible physical and/or mental harm as a direct consequence of the medical negligence. In Florida, damages are required to bring a successful medical malpractice lawsuit. A Homestead, FL attorney can help you prove the extent of your damages.

What to Know About the Pre-Suit Legal Process for Medical Malpractice Cases in Florida

Our state has highly specific laws for medical malpractice claims. Notably, you cannot simply wake up and file a medical malpractice lawsuit. Under Florida Statutes § 766.106, there are pre-suit procedural requirements that must be satisfied. A comprehensive investigation should be conducted by a Homestead, FL medical malpractice lawyer. Here are two key requirements that attorney will help ensure that you satisfy before any lawsuit can move forward: 

1. Medical Expert Opinion: Florida law requires a medical expert to confirm that your case has merit. The expert—who is almost always a health care professional with a similar background—must provide a written opinion stating that your case is valid.
2. Notice of Intent to Sue: Once the expert validates your claim, your attorney will send a ‘Notice of Intent to Sue’ to the healthcare provider (defendant) and their medical malpractice insurer. The notice includes the expert’s opinion and a summary of your claim.

After the notice, there is a 90-day period where both sides can negotiate a settlement. It is this point in the process that offers a structured opportunity to resolve the case without going to court. You should always work with a Homestead, FL medical malpractice attorney who has experience handling settlement negotiations. Notably, mandatory mediation may be required for a medical malpractice claim in Florida.

Know the Law: Florida Statute of Limitations for Medical Malpractice Lawsuits

For many years, Florida had one of the nation’s most plaintiff-friendly statute of limitations for medical malpractice lawsuits and other types of personal injury claims. Prior to 2023, there was a four year-statute of limitations for these cases. However, the law has been reformed. The statute of limitations for a medical malpractice lawsuit in Florida is now only two years from the date of the incident (Florida Statutes § 95.11). Only very narrow exceptions apply—such as if the medical malpractice could not have reasonably been discovered in a timely manner. Do not miss your opportunity to get justice: Consult with a Homestead, FL medical malpractice lawyer right away.

We Fight for the Maximum Compensation for Medical Malpractice Victims in Homestead

Were you or a loved one the victim of medical malpractice in Homestead? If so, you probably have a lot of questions about the value of your claim. In Florida, medical malpractice victims have the right to pursue compensation for both tangible and intangible damages. However, even when liability can be established, medical malpractice insurance companies fight aggressively to minimize payouts. Our Homestead, FL attorneys are committed to going above and beyond to help clients secure the maximum financial support. You may be entitled to recover medical malpractice compensation for: 

• Emergency room care; 
• Hospital bills and other medical costs; 
• Physical therapy/rehabilitative care; 
• Lost of wages and loss of earning power; 
• Pain and suffering & mental anguish; 
• Physical impairment and long-term disability; and
• The wrongful death of a family member.

Medical Malpractice Claims in Homestead, FL: Frequently Asked Questions (FAQs)

How is Medical Malpractice Defined?

Medical malpractice is a term with an important legal definition. A poor outcome after getting professional medical care is not always medical malpractice. In Florida, malpractice occurs when a healthcare provider—doctor, nurse, etc—breaches the standard of care and, as a consequence, causes harm to the patient. Malpractice can take a wide range of specific forms. 

What is the Most Common Type of Medical Malpractice?

Diagnostic errors. In Florida, these can be both misdiagnosis or delayed diagnosis. Timely medical care is a must. Broadly speaking, diagnostic errors happen when a doctor fails to correctly identify a patient’s medical condition in a timely manner. If a doctor does figure out what is wrong—or takes too long to do so—the patient might miss the chance for proper treatment. The consequences can be devastating. It can lead to more serious health problems. 

Are there Any Exceptions to Florida’s Medical Malpractice Statute of Limitations?

Yes. There are some exceptions to Florida’s medical malpractice statute of limitations. In the vast majority of cases, a patient has two years to bring a malpractice claim. However, there are some very narrow exceptions. As an example, you may be able to extend the statute of limitations based on the fact that you could not have immediately discovered the issue. Beyond that, minors may also have additional time to bring a claim. When possible, avoid relying on the statute of limitations. Consult with a Homestead, FL medical malpractice lawyer as soon as possible. 

What is Informed Consent?

Informed consent in medicine is a critical process where a healthcare provider must inform a patient about the potential risks, benefits, and alternatives of a proposed treatment or procedure. The patient should understand this information clearly to make a knowledgeable decision about their care. To be clear, the fact that a person gave their consent for a particular type of medical procedure does not mean that they are ineligible to bring a medical malpractice lawsuit. Even if informed consent was provided, they may still hold the at-fault party liable for negligence. 

What Role Does an Insurance Company Play in the Medical Malpractice Claims Process?

Insurance companies play a very important role in the medical malpractice claims process. In Florida, it is usually an insurer that represents the healthcare provider in a medical malpractice claim. The company will handle the defense. When you file a claim, the insurance company will review it, negotiate with your lawyer, and conduct settlement negotiations. A key point to know is that insurance companies are not on your side. They want to pay out as little as possible. 

How Much is My Florida Medical Malpractice Claim Worth?

It depends. The value of a medical malpractice claim in Florida varies based on a wide range of different case-specific factors. Key issues include the severity of your medical complications and your ability to establish fault. A top-tier Homestead, FL medical malpractice attorney can help you determine the value of your case, including in light of your medical bills, lost wages, and pain and suffering. Do not agree to settle your malpractice claim for less than full and fair value. 

Will My Medical Malpractice Case Go To Trial?

It might. With that being said, most medical malpractice claims in Florida are resolved through settlement and not through litigation. Insurance companies often prefer to negotiate a settlement. However, if an agreement cannot be reached—or if the medical malpractice insurer’s offer is too low—your case may require litigation. You should be represented by a trial-tested Homestead, FL medical malpractice attorney. 

Can You Seek Punitive Damages in a Medical Malpractice Case in Florida?

In Florida, you can seek punitive damages in a medical malpractice case—but it is a limited remedy. These damages are not meant to compensate for a loss but to punish the wrongdoer for particularly reckless or negligent behavior. However, Florida law places strict limits on punitive damages, making them available only under certain conditions and capping the amount you can receive.

Why Rely On Our Florida Medical Malpractice Attorney

Medical malpractice claims are notoriously complex. It is normal to have a ton of questions about how to navigate the legal process. You do not have to take on medical malpractice insurance providers alone. At Dolan Dobrinsky Rosenblum Bluestein, LLP, we are devoted to ensuring that patients and families receive the best quality of legal representation. When you contact us, you will be able to work with a Homestead medical negligence attorney who can: 

• Listen to your story and answer questions about medical malpractice law;
• Investigate your case—gathering relevant supporting evidence; 
• Connect you with the best expert witnesses in the field; 
• Handle the settlement negotiations with defendants and insurers; and
• Develop a comprehensive strategy focused on making sure you get the best outcome. 

With medical malpractice cases, a one-size-fits-all approach is not good enough. Our firm always puts forward the time and the resources to ensure that our clients receive personalized attention and support. With extensive clients reviews and history of results (more than $1 billion in trial and verdicts across all of our practice areas), our Homestead medical malpractice attorneys are standing by, ready to help start on your case right away. 

We Handle Medical Malpractice Claims in Homestead on Contingency Fee

Medical malpractice can cause severe harm to a patient. A civil legal claim allows victims and families to get justice and compensation for their damages. How much does it cost to hire a medical malpractice lawyer in South Florida? With Dolan Dobrinsky Rosenblum Bluestein, LLP, there are no upfront costs or out-of-pocket expenses. Our firm takes on the full range of medical malpractice cases on a contingency fee basis. We only get paid when you get paid. Our firm does not charge hourly bills. During a free consultation with our top-rated Homestead, FL medical malpractice attorney, we will review your case and help you determine what should be done next. 

Schedule a Free Consultation With Our Homestead Medical Malpractice Lawyer Today

At Dolan Dobrinsky Rosenblum Bluestein, LLP, our Homestead medical malpractice attorneys fight tirelessly to protect the legal rights of victims and families. Harmed by malpractice? Our firm can help. Call us at 305-371-2692 or contact us online to set up your no cost, no obligation initial case review. We handle medical malpractice claims in Homestead, Miami-Dade County, and beyond.