Contact Our Key Biscayne Medical Malpractice Lawyer for a Free Case Review
At Dolan Dobrinsky Rosenblum Bluestein, LLP, our Key Biscayne medical malpractice attorneys are knowledgeable, experienced and committed to hold negligent medical providers and their malpractice insurers accountable. If you have any questions about Florida’s medical malpractice laws, we are here to help. Contact us today for a free, no obligation, and completely confidential consultation with a top-tier Key Biscayne medical malpractice lawyer and Miami medical malpractice lawyer.
Understanding Medical Malpractice and Florida Medical Malpractice Law
Unfortunately, medical malpractice is a serious problem. Studies have shown that medical errors are the third leading cause of death in the United States. Many tens of thousands of patients and families are adversely impacted by medical errors each year. With that being said, a medical error is not automatically medical malpractice. Instead, medical malpractice occurs when a healthcare provider deviates from the accepted standard of care and causes injury to a patient. Here is an overview of the required elements that you must prove to establish medical malpractice in Florida:
- A Doctor-Patient Relationship Was Formed: A medical malpractice claim is a type of professional negligence claim. To bring a malpractice claim in Florida, you must show that a formal relationship existed between you and the medical professional. The relationship creates a legal duty for the provider to treat you according to accepted medical standards.
- A Breach of the Standard of Care: A provider must deliver treatment that aligns with what a reasonably competent healthcare professional would do in the same situation. A breach occurs when the provider’s actions (or inaction) fall below this professional standard. Breach of the duty of care (negligence) is the most highly disputed element of most medical malpractice cases. Expert testimony is often required to define the standard of care.
- Causation Between the Breach and Harm to the Patient: Causation is key to a medical malpractice case in Florida. It must be proven that the breach of care caused or significantly contributed to the patient’s injury. Proving causation can be complex—especially when underlying medical conditions are involved.
- Actual, Measurable Damages to the Patient: Finally, the patient must have suffered actual harm—physical, emotional, or financial—as a result of the provider’s negligence. Common damages include medical expenses, lost income, and pain and suffering. Without provable damages, there is no basis for financial recovery through a medical malpractice claim.
Our Medical Malpractice Attorney Handles All Types of Medical Malpractice Lawsuits in Key Biscayne, FL
Dolan Dobrinsky Rosenblum Bluestein, LLP is a boutique law firm that handles the full range of medical negligence cases in Key Biscayne. Our personal injury lawyers have the specialized legal expertise to represent patients who have endured any type of medical malpractice and help cover future medical expenses. Along with other types of cases, our Key Biscayne medical malpractice lawyers have experience with:
- Failure to Diagnose: Failure to diagnose occurs when a healthcare provider fails to identify a medical condition that should have been detected by a reasonably competent professional. The delay or absence of diagnosis can lead to worsening symptoms and prevent timely treatment. For example, imagine that a doctor fails to order testing for a patient complaining of chest pain. They miss signs of a heart attack. As a result, the patient suffers a cardiac event that could have been prevented with the proper care. That could be malpractice.
- Doctor Misdiagnosis: Misdiagnosis happens when a doctor incorrectly identifies a patient’s illness or condition. It is a big problem because the wrong diagnosis can lead to the wrong treatment or to no treatment at all. For example, imagine a patient in Key Biscayne who has early-stage cancer is misdiagnosed with acid reflux. As a result, the cancer progresses without proper treatment. That could give rise to a medical malpractice claim.
- Nursing Negligence: Nursing negligence involves errors or carelessness by nurses, such as failing to monitor a patient, follow orders, or provide timely care. Nurses have a duty to uphold safety and communication standards in patient care. If a nurse forgets to check on a post-surgical patient who shows signs of internal bleeding, the delay could result in severe complications that could have been avoided with proper monitoring.
- Surgical Mistakes: Surgery is a big deal. In a way, there is really no such thing as a “minor” operation. Surgical errors can include operating on the wrong site, leaving surgical tools inside a patient, or causing damage to organs. These errors often lead to serious complications and may require additional surgery. For example, imagine that a surgeon accidentally performs a procedure on the wrong knee. The patient may be required to undergo another surgery to correct the error. That is an example of malpractice.
- Medication Errors: Medication errors are another example of medical malpractice. They occur when the wrong drug or dosage is prescribed, dispensed, or administered. These mistakes can result in allergic reactions, overdoses, or simply ineffective treatment. For instance, imagine that a patient in Key Biscayne is prescribed medication they are allergic to due to a charting error. They may suffer a severe reaction and require emergency care. That terrible mistake could give rise to a medical malpractice claim.
An Overview of Medical Malpractice Law in Florida
Medical malpractice cases fall under state law. Were you or a family member the victim of medical negligence in Key Biscayne? Your claim is governed by Florida law. Here are some of the key points to understand about medical malpractice cases in Florida:
- A Notice is Required: Florida has a special filing requirement for medical malpractice lawsuits. Before filing a medical malpractice lawsuit, you must serve the healthcare provider with a notice of intent to sue. The notice must include an affidavit from a qualified medical expert attesting that there is a reasonable basis for the claim. The purpose of this pre-suit notice is to encourage early resolution and reduce frivolous litigation. A 90-day investigation period follows during which the provider can opt to offer a settlement.
- Medical Expert Testimony: Florida law requires that medical malpractice claims be supported by expert testimony from a licensed healthcare provider with relevant experience. The expert must confirm that the defendant deviated from the accepted standard of care and that this deviation caused the injury.
- Statute of Limitations: In Florida, the statute of limitations for medical malpractice claims is generally two years from the date the injury was discovered or reasonably should have been discovered. Not all medical malpractice is immediately discoverable. With that being said, no medical malpractice claim can be filed more than four years from the actual date of the incident. That is because our state has a four-year statute of repose.
Our Law Firm Fights for Justice for Medical Malpractice Victims
If you or your loved one was the victim of medical malpractice in Key Biscayne, you have the right to pursue compensation for the full extent of your damages, including for any non-economic losses. With that being said, it is crucial that you are prepared for the challenges that you are likely to face from the insurance company. Medical malpractice cases in Florida are almost always defended by large, aggressive insurers. They fight hard to pay out as little as possible in settlement negotiations. Our Key Biscayne medical malpractice lawyers with experience in personal injury law can help. You may be able to recover for:
- Ambulance costs and other emergency medical care;
- Hospital bills and related health care expenses;
- Prescription drugs and medical devices;
- Rehabilitative care, including mental health support;
- Loss of wages and loss of future earning power;
- Pain and suffering & mental distress;
- Long-term physical disability; and
- The wrongful death of a family member.
How Our Key Biscayne Medical Malpractice Lawyer Can Help Recover Lost Wages and Medical Expenses Caused by Your Healthcare Provider
Medical malpractice claims are notoriously complex. If you have a lot of questions about your rights and your options, you are certainly not alone. At Dolan Dobrinsky Rosenblum Bluestein, LLP, our experienced medical malpractice lawyer is committed to providing top-tier legal advocacy to malpractice victims in Florida. The testimonials from our former clients show what we can do for victims and their families in cases involving medical malpractice. Among other things, our Key Biscayne medical malpractice attorneys are prepared to:
- Conduct a free, comprehensive review and evaluation of your case;
- Investigate the malpractice—gathering all of the relevant evidence;
- Represent you in settlement negotiations with malpractice insurers; and
- Develop a personalized strategy driven to deliver the best results.
Our Legal Representation Fights for the Best Case Results for Medical Malpractice Victims in Key Biscayne
Medical malpractice can cause terrible harm to a patient. It is imperative that they are fully and fairly compensated. With a proven record of success our personal injury law firm, we know that justice matters. Our case results tell the story of what we can do for medical malpractice victims in Key Biscayne. Some of our recent results in medical malpractice claims in Florida include:
- $38,000,000 for twins who were blind by the negligence of an ophthalmologist; and
- $2.25 million for a patient who was the victim of a serious prescription drug error.
Medical Malpractice Cases in Key Biscayne: Frequently Asked Questions (FAQs)
When Should I Speak to a Key Biscayne Medical Malpractice Lawyer?
Right away after a poor health outcome related to medical care. You should contact a Key Biscayne medical malpractice lawyer as soon as you suspect that you or a loved one was harmed due to a healthcare provider’s negligence. These are complicated claims. You may not even be sure if you have a viable case at all. A top Key Biscayne medical malpractice attorney can help.
How Do I Find the Right Expert Witness for My Case?
Your attorney can help. In Florida, a successful medical malpractice claim depends heavily on credible expert testimony. Your Key Biscayne medical malpractice attorney will typically locate and vet a qualified medical expert who practices in the same field as the defendant and meets Florida’s legal requirements. The right expert must not only be experienced and licensed but also able to clearly explain how the standard of care was breached.
Is there a Cap On Medical Malpractice Damages in Florida?
Florida does not currently impose a cap on economic damages—such as medical bills and lost wages—in medical malpractice claims. Although there used to be a cap on non-economic damages , the Florida Supreme Court struck down those limits as unconstitutional. You can seek compensation for the full extent of your non-economic damages, including pain and suffering.
Should I Agree to a Medical Malpractice Settlement?
Settling a medical malpractice case can be a smart choice—but only if the offer fully reflects your damages and long-term needs. Our Key Biscayne, FL medical malpractice lawyer can help you assess the fairness of a settlement, negotiate for a better outcome, and protect your legal rights
Is My Medical Malpractice Case Likely to Go to Trial?
Not especially. Only a small percentage of medical malpractice lawsuits in Florida ever actually go to trial. The vast majority of cases are resolved outside of the courtroom—sometimes before a lawsuit is ever actually filed at all. Once your lawyer files a notice of claim with the provider and its insurer, medical malpractice settlement negotiations may soon follow.
We Represent Medical Negligence Victims in Key Biscayne On Contingency
You can always afford to hire the best Key Biscayne medical malpractice attorney. You should not have to worry about another bill during an already difficult time. At Dolan Dobrinsky Rosenblum Bluestein, LLP, we represent medical negligence victims on a contingency fee basis. We do not charge upfront costs, hourly bills, or any other types of out-of-pocket fees to our clients. If you do not get paid, we do not get paid. An initial consultation with our top-rated Key Biscayne, FL medical malpractice attorney is free, fully confidential, and carries zero obligations.
Contact Our Key Biscayne Medical Malpractice Lawyer Today for a Free Consultation
At Dolan Dobrinsky Rosenblum Bluestein, LLP, our Key Biscayne medical malpractice attorney is skilled, experienced, and driven to provide top-tier legal advocacy to patients and their families. You do not have to take on the complexities of the legal claims process alone. Have questions about medical malpractice law? Contact us now for a free, fully confidential consultation. We handle medical malpractice cases in Key Biscayne and throughout all of Miami-Dade County.