Miami Medical Malpractice Lawyer

Medical Malpractice
Lawyers in Miami, FL

Serving Clients Throughout South and Central Florida

Most patients never find out exactly what went wrong. A family member goes into surgery and comes out in more pain, with blood pressure that won’t stabilize. A medication that was supposed to help lands someone in the emergency room. A cancer that should have been caught at a routine visit is found months later at a far more advanced stage. Sometimes that is an unavoidable complication. Sometimes it is medical malpractice.

Dolan Dobrinsky Rosenblum Bluestein, LLP (DDRB) represents patients and families in medical malpractice and medical negligence cases throughout Miami, South Florida, and Central Florida. We obtain and review your medical records, work with qualified medical experts, and give you a straight assessment of whether the care you received fell below the standard Florida law requires, so you can decide what to do next.

Call 305-371-2692 or request a free consultation. We answer 24 hours a day, and hablamos español.

When Is Medical Negligence Medical Malpractice?

People use “medical negligence” and “medical malpractice” interchangeably, and in conversation that’s fine. In a legal claim, the distinction that matters is the one between a bad outcome and care that fell below the accepted standard.

Medical negligence generally means a health care provider did something, or failed to do something, that a reasonably prudent provider in the same field would not have done under similar circumstances. In Florida, that comparison is made against the prevailing professional standard of care. A malpractice claim is the legal case built on that negligence, and it generally requires showing four things: a provider–patient relationship, care that fell below the standard, that the substandard care actually caused your injury, and real losses as a result.

Each of those can be contested. Doctors and hospitals often argue that a poor result came from the underlying illness or a known risk of treatment rather than anything they did. Some complications happen even when care is excellent. Others happen because a test wasn’t ordered, an abnormal result wasn’t followed up, a warning sign wasn’t acted on, or a procedure wasn’t performed carefully. From the outside, those situations can look identical. The medical records, and an independent medical expert’s review of them, are usually what separates one from the other. Our article on the difference between malpractice and a complication walks through examples.

That is why whether conduct amounts to malpractice depends on the specific facts, Florida law, and the medical standard of care that applied to you. No website, and no phone call, can answer it. What we can do is tell you what records to gather and what questions they need to answer.

Types of Medical Malpractice Cases We Handle

• Surgical errors. Operating on the wrong site or the wrong patient, leaving a sponge or instrument inside the body, injuring an organ, blood vessel, or nerve, or missing a complication after surgery can all raise malpractice questions. Our page on surgical errors explains how these cases are evaluated, and our articles on retained surgical items and organ perforation during surgery go deeper on two common problems.
• Medication errors and prescription mistakes. The wrong drug, the wrong dose, a missed allergy, a dangerous drug interaction, or a pharmacy dispensing error can cause serious harm. Read more about medication errors, prescription drug errors, and pharmacist errors.
• Misdiagnosis and delayed diagnosis. When a serious condition is missed, mislabeled, or diagnosed too late, treatment options can narrow quickly. Our medical misdiagnosis page covers failure-to-diagnose cases, including cancer and sepsis, and we also handle missed strokes and CVAs.
• Hospital errors. Inadequate monitoring, communication breakdowns, premature discharge, and systemic failures can injure patients regardless of which individual made the mistake. See hospital errors. Anesthesia mistakes, which can cause oxygen deprivation and brain injury, are discussed in our anesthesia malpractice guide.
• Doctor and nurse errors. Physicians and nurses are held to professional standards of care in their own roles. See doctor errors and nurse errors.
• Childbirth and birth injuries. Delayed C-sections, inadequate fetal monitoring, and failure to respond to a mother’s warning signs can injure both mother and baby. See our birth injury practice page.
• Wrongful death. When medical negligence takes a life, Florida’s wrongful death statute controls who may bring a claim and what may be recovered. Start with our medical malpractice wrongful death article and wrongful death practice page.
• Gallbladder and bile duct injuries. Surgical errors involving the gallbladder or bile ducts can cause serious complications and may raise medical malpractice questions. Learn more about gallbladder and bile duct injuries
• Other cases. We also review claims involving cosmetic surgery, dental care, radiology, telehealth, and informed consent. If your situation isn’t listed here, call us; the categories above are examples, not limits.

Call 305-371-2692 to talk through what happened. The consultation is free.

How DDRB Evaluates a Medical Malpractice Claim

Every case starts with the same question: does the record show a departure from accepted care that caused harm that wouldn’t otherwise have occurred? Here is how we work toward an answer.

We listen first. We ask what happened, in your words and in order: symptoms, appointments, procedures, what you were told, and when things changed. Timelines matter in malpractice cases, and small details you remember often point to what the records should show.

We gather the complete record. That means more than the discharge summary. We look for physician and nursing notes, medication administration records, imaging and lab results, operative and anesthesia reports, consent forms, and billing entries. Gaps, late entries, and inconsistencies can be as revealing as what’s written.

Qualified medical experts review it. Florida requires medical expert support before most malpractice suits can be filed, and even beyond that requirement, an independent physician in the right specialty is the only reliable way to judge the standard of care. We work with an established network of expert witnesses.

We analyze causation and damages. Even clear negligence isn’t a case unless it caused a measurable injury. We look at what the patient’s outcome would likely have been with proper care, what additional treatment was needed, and what the injury has cost in health, income, and quality of life. Our lawyers consult with life care planners, economists, and vocational specialists where the injury calls for it.

We tell you what we find, and what your options are. If the records support a claim, we explain the path: pre-suit steps, settlement discussions with the insurer, and litigation if settlement isn’t fair. We are prepared to try cases when they can’t be resolved. Not every case goes to trial, and no honest lawyer can promise an outcome.

What Compensation May Be Available in a Florida Medical Malpractice Case?

The damages available depend on the facts of the case and on Florida law, which places some limits on certain kinds of recovery. Generally, a malpractice claim may seek compensation for:

Medical expenses. Corrective surgery, additional hospital stays, rehabilitation, medication, home health care, and future care the injury will require.

Lost income and lost earning capacity. Time missed from work during treatment and recovery, and, where an injury is permanent, reduced ability to earn in the future.

Pain, suffering, and loss of enjoyment of life. The physical pain, emotional distress, and loss of normal activities that come with a serious injury. Insurers and defense lawyers frequently try to minimize these losses, which is why documentation matters.

Wrongful death damages. When a patient dies, eligible surviving family members may be able to recover funeral expenses, lost support, and certain losses of companionship and guidance. Florida’s rules on who can recover in medical malpractice death cases are restrictive in some situations, which is covered in our article on Florida’s “free kill” law.

Punitive damages are available only in narrow circumstances involving especially reckless or intentional misconduct, and Florida requires court permission before they can be pursued. They are the exception, not the rule.

Every case is different, and past results don’t predict future outcomes. We can explain what may be recoverable in your situation after we have reviewed the records.

Florida Deadlines and Pre-Suit Requirements

Medical malpractice claims in Florida are governed by Chapter 766 of the Florida Statutes, and they follow different rules from ordinary injury cases.

Deadlines. Florida generally gives patients about two years to file, measured from when the malpractice occurred or from when the injury was discovered or reasonably should have been discovered. There are outer time limits, exceptions, and special rules that can apply in wrongful death cases, cases involving children, and cases involving concealment. Because these rules are technical and unforgiving, you should not assume you have time. If a deadline is missed, the claim may be barred no matter how strong it is. See our article on the discovery rule in Florida medical malpractice cases.

Pre-suit process. Before most malpractice lawsuits can be filed, Florida requires a pre-suit investigation, written notice to the provider, and a corroborating written opinion from a qualified medical expert. The notice process can also affect timing. We handle these steps for our clients.

This section is general information, not legal advice about your deadline. The only way to know your deadline is to have an attorney review the specific dates and facts. Call us as soon as you suspect something went wrong.

Why Families Choose DDRB

Medical malpractice cases have their own procedural rules, and the other side is well funded and well prepared. A few things set our team apart.

Experience on both sides. Founding partner Dan Dolan spent 25 years representing doctors, hospitals, and insurance companies in malpractice cases. He knows how they evaluate claims and which arguments they rely on to limit what they pay. Collectively, our lawyers have more than 50 years of experience in the medical malpractice field.

Courtroom experience. Our partners have handled more than 150 trials to verdict over their careers. Two of our partners have served as presidents of the Dade County Trial Lawyers Association.

Medical experts at every stage. We work with a large network of expert witnesses who can explain medical issues to insurers, judges, and juries in plain terms.

Recognition. DDRB has obtained over $1 billion in settlements and verdicts across its practice areas. The firm has been named Tier 1 in the 2026 edition of Best Law Firms®, and DDRB partners were selected to the 2026 Florida Super Lawyers® and Top 100 Miami lists.

What Does It Cost to Hire a Medical Malpractice Lawyer?

We represent medical malpractice clients on a contingency fee basis. You don’t pay attorney fees upfront, and our fee comes out of a recovery if there is one, in the amount agreed to in writing at the start. The consultation is free and confidential, and it doesn’t obligate you to hire us.

Frequently Asked Questions

How do I know if I have a medical malpractice case? You usually can’t tell from the outcome alone. A case generally requires care that fell below the accepted standard, an injury caused by that care, and measurable losses. The fastest way to find out is to have the records reviewed by a lawyer and a medical expert. Call us for a free consultation and we’ll tell you what to gather.

What’s the difference between medical negligence and medical malpractice? Negligence describes the conduct: care that a reasonably prudent provider wouldn’t have delivered. Malpractice is the legal claim built on it, with the additional requirements of causation and damages, plus Florida’s pre-suit rules.

Is every bad surgical or treatment outcome malpractice? No. Medicine carries risk, and some complications occur even with excellent care. What matters is whether the care met the standard and whether a different course would likely have prevented the harm.

How long do I have to file a medical malpractice claim in Florida? Florida generally allows about two years from when the malpractice occurred or was, or should have been, discovered, subject to outer limits, exceptions, and pre-suit requirements. Deadlines can differ in wrongful death and other special situations. Don’t rely on a general rule. Have an attorney review your dates as soon as possible.

Do I need a medical expert? Yes, in practice. Florida requires medical expert support before most malpractice suits can be filed, and experts are central to proving the standard of care and causation. We work with a network of experts and handle that process.

What if my doctor or hospital won’t return my calls or give me answers? That’s common, and you’re entitled to request your medical records. Send a written request to each provider. If you’re having trouble getting them, or you’d rather not do it alone, we can help.

My family member died after treatment. Can we bring a claim? Possibly. Florida’s wrongful death law controls who is eligible to bring a claim and what damages may be recovered, and in medical malpractice cases those rules can be restrictive. Speak with an attorney promptly, because deadlines apply.

How much does it cost to hire DDRB? We work on contingency, so there are no upfront attorney fees. See the cost section above for details.

Will my case go to trial? Not necessarily. Many claims are resolved through negotiation, but insurers often only negotiate seriously when they believe a case can be won in court. We prepare every case with that in mind.

Do you handle cases outside Miami? Yes. We serve clients throughout South and Central Florida, including Coral Gables, Hollywood, Homestead, Kendall, Key Biscayne, Palmetto Bay, and Pinecrest. We also visit clients at home or in the hospital when needed.

If you believe a medical mistake changed your life or your family’s, you deserve answers. Call 305-371-2692 or schedule a free consultation online. We’ll review what happened, explain what records matter, and tell you honestly where you stand.