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Obtained Over $1 Billion in Settlements & Trial Verdicts
Palmetto Bay Medical Malpractice Lawyer
We Handle Medical Malpractice Claims in Palmetto Bay and Throughout South Florida
At Dolan Dobrinsky Rosenblum Bluestein, LLP, our Palmetto Bay medical malpractice attorneys are standing by, ready to fight for your rights and your interests. Negligent doctors, negligent hospitals, and other negligent health care providers must be held accountable. Were you or your loved one the victim of medical malpractice? We are here as a legal resource that you can trust. Contact our legal team today for free consultation with a top-tier Palmetto Bay medical malpractice lawyer.
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We Handle All Types of Medical Malpractice Cases in Palmetto Bay, Florida
As a full-service law firm devoted to fighting for the rights of injured victims and their families, Dolan Dobrinsky Rosenblum Bluestein, LLP is on the side of the people who need help the most. With more than $1 billion in compensation (settlements and verdicts) secured on behalf of our clients, we have what it takes to get results. Our firm takes on all types of medical malpractice cases.
Medical malpractice lawsuits that we have the experience to handle in Palmetto Bay include:
- Delayed Diagnosis: Diagnosis is one of the most important aspects of getting the right medical care. Without an accurate—and just as important, timely—diagnosis, a person could be left in a terrible position. Delayed diagnosis/misdiagnosis involves cases where a healthcare professional fails to diagnose a medical condition in a timely manner—thereby leading to worsened health outcomes or missed treatment opportunities. It is negligence that can have severe, sometimes life-altering consequences for patients. Were you or your loved one the victim of a delayed diagnosis? Contact our Palmetto Bay medical malpractice attorney for a free case review.
- Misdiagnosis: Along the same lines, the wrong diagnosis by a doctor can result in devastating medical complications for a patient. Misdiagnosis refers to situations where a doctor incorrectly identifies a patient’s medical condition. It could result in a person getting the wrong treatment or even no treatment at all. We are prepared to examine medical records, consult medical experts, and build a case demonstrating how a correct diagnosis would have led to a different, more favorable outcome for the patient. Our Palmetto Bay, FL doctor misdiagnosis lawyers put the time, resources, and attention to detail into every case that we take on.
- Errors in Surgery: Surgical errors are among the most severe forms of medical malpractice. They can occur due to a surgeon’s inexperience, negligence, or operational errors, such as operating on the wrong body part or leaving surgical instruments inside the patient’s body. Contact our Palmetto Bay surgical error attorney for a free case review.
- Anesthesiologist Errors: Anesthesia is extremely important. It can make a major medical operation bearable for a patient. At the same time. anesthesia is extremely powerful. It is downright dangerous when not administered in the proper manner. Mistakes in administering anesthesia can result in significant harm, including brain damage and death. Were you or your loved one a victim of an anesthesiologist error in Miami-Dade County? Contact our Palmetto Bay medical malpractice attorney for a free consultation.
- Medication Mistakes: Prescription errors can happen at various stages – from the prescribing doctor to the pharmacy. These errors can include incorrect medication, wrong dosage, or failure to recognize harmful drug interactions. Have questions about your case? Contact our Palmetto Bay, FL medical malpractice lawyer for a no cost, no obligation consultation.
- Birth Injuries: Birth injuries can result from medical negligence during pregnancy, labor, or delivery. These injuries can have lifelong consequences for the child, including physical and cognitive impairments. It is an issue that can also cause severe adverse complications for the mother. We have the professional skills and legal expertise to take on all types of birth injury claims in Palmetto Bay.
- Dental Negligence: Did you know that dentists in Florida can also be held legally liable for harm caused by medical malpractice? A dentist is a licensed healthcare professional. As such, he or she has a duty to prove the proper care to patients. Dental malpractice can come in many different forms. Examples include errors in surgical procedures, failure to diagnose oral diseases, or negligent dental work. We advocate for clients who have suffered due to dental malpracticeWere you or your family member the victim of dental negligence? Contact our Palmetto Bay medical malpractice attorney for immediate help.
What You Must Know About Florida’s Medical Malpractice Laws
Did you or your loved one suffer an injury, medical complications, or another type of similar issue after getting care from a doctor, hospital, health provider more broadly? You may have been a victim of medical malpractice—but a poor outcome is not always medical malpractice in Florida. Under state law (Florida Statutes § 766.102, medical malpractice is defined as “a breach of the prevailing professional standard of care for that health care provider.” Here are four things that you will need to prove as part of a medical malpractice claim in Palmetto Bay, Florida:
- Duty of Care (Doctor/Patient Relationship): At the very foundation of a medical malpractice claim is establishing a duty of care. You must prove the extent to which the defendant—whether an individual such as a doctor or an institution such as a hospital—had a duty to look out for your well-being. You must prove a doctor-patient relationship.
- Breach of Duty (Substandard Services): A breach of duty of care is often the most contentious element in a medical malpractice case. A breach occurs when a healthcare provider deviates from the standard practices accepted by the medical community, resulting in substandard care. A comprehensive investigation of any case is a must.
- Causation (Connection Between Negligence and Harm): Proving negligence on the part of a doctor or a hospital is not enough to bring a winning medical malpractice lawsuit in Miami-Dade County. Florida law also requires victims to establish a casually connection between the breach of duty of care and their injuries/medical complications.
- Damages (Actual Patient Harm): Finally, you must prove the extent to which you sustained harm. Not only is actual patient harm a required element of a medical malpractice claim, but your financial recovery will be, primarily, based on the damages that you sustained as a result of the medical malpractice.
Understanding the Pre-Suit Requirements for Medical Malpractice Claims in Florida
Florida has a very strict, technical legal framework for medical malpractice claims. Unlike many other types of personal injury cases, there are comprehensive pre-suit requirements (Florida Statutes § 766.106). One cannot just decide to file a lawsuit without meeting certain criteria. It is crucial to engage a Palmetto Bay, FL medical malpractice lawyer who can conduct a thorough inquiry of the case so that you have access to all of the documents, records, and information that you need to bring a claim. Here are two of the most important: prerequisites:
- Medical Expert Affidavit: As per state regulations, a qualified medical specialist (qualified expert witness) must affirm the legitimacy of your claim. The specialist—who is almost always a professional in a field similar to the case—must issue a formal statement endorsing the core validity of your claim.
- Notice of Intent to Sue: Following the specialist’s endorsement, your lawyer will issue a notice of intent. Before you can file a medical malpractice lawsuit in Florida, you must file a valid notice of intent with the defendant and its insurance company. The intent should provide some key details about your medical malpractice claim.
Filing a notice of intent in a medical malpractice case in Miami-Dade County starts a formalized negotiation process. Indeed, there is a minimum 90 day period of negotiation before a medical malpractice lawsuit can move forward in Florida. In some cases, Florida courts will require the parties to submit to mandatory, but non-binding mediation. No matter the circumstances of your case, a Palmetto Bay medical malpractice lawyer can help you fight for justice.
Florida has a Two-Year Statute of Limitations for Most Medical Malpractice Claims
Florida used to have very patient-friendly rules for the deadlines for suing doctors or hospitals for medical mistakes. However, a 2023 tort reform package has made our state’s law more consistent with the rest of the county. The statute of limitations dropped from four years to two years. As of July of 2023, you only have two years from the date when the medical malpractice happened to start a lawsuit (Florida Statutes § 95.11). As there are just a few narrow exceptions to the rule, it is imperative that you take swift action. Consult with an experienced Palmetto Bay, FL medical malpractice attorney as soon as possible.
An Overview Of Compensation You Can Seek in Medical Malpractice Case
In Florida, medical malpractice victims have the right to pursue compensation for economic losses and non-economic damages. That being said, navigating a medical malpractice claim in Palmetto Bay is never easy. These cases are defended by aggressive insurance companies that fight hard to resolve claims for the absolute minimum amount of compensation. Our law firm does not let them get away with it. No matter your situation, our Palmetto Bay medical malpractice lawyers are committed to help patients secure the full and fair financial support that they deserve, including for:
- Emergency medical treatment;
- Hospital bills;
- Other medical costs;
- Rehabilitative care;
- Lost wages;
- Loss of earning potential;
- Pain and suffering;
- Mental distress;
- Long-term disability;
- Physical disfigurement; and
- Wrongful death.
Medical Malpractice Claims in Palmetto Bay, FL: Frequently Asked Questions (FAQs)
What Does Medical Malpractice Mean?
It is important to emphasize that medical malpractice is not the equivalent of a bad outcome. Instead, malpractice means that an individual healthcare professional or an institutional health care provider made a significant mistake that goes against the standards of care in their field and, as a result, you suffered actual physical harm. Medical malpractice takes many different specific forms—from a delayed diagnosis by a doctor to a serious error by a surgeon.
Is Proving Negligence Enough to Establish Malpractice?
Yes. Indeed, establishing negligence on the part of the defendant—the doctor, the hospital, or the other health care provider—is a key part of proving medical malpractice. That being said, it is not the only requirement of bringing a successful medical malpractice claim in Florida. You must show that the healthcare provider’s negligence directly caused your injury or worsening of your condition.
Can I Bring a Medical Malpractice Lawsuit Without Expert Witness Testimony?
No. You will need an affidavit from an expert witness to support your claim at the beginning of the legal process. The experts—who are often medical professionals themselves—help to explain how the standard of care was breached and how that breach led to your injury. Along with other things, they make complex medical details clear for the court. A top-tier Palmetto Bay, FL medical malpractice attorney can connect you with the right expert witness for your case.
Should I Give a Statement to a Medical Malpractice Insurance Company?
You do not have to provide such a statement at the outset of the claims process. Indeed, it is usually not recommended to give a statement to a medical malpractice insurance company without consulting a Palmetto Bay, FL medical malpractice lawyer first. Insurance companies often look to protect their interests and may use your words against you. A lawyer can guide you on what to say and, better yet, communicate on your behalf.
Should I Agree to Settle My Medical Malpractice Claim?
It depends entirely on the specific nature and circumstances of your individual medical malpractice case. Here is the key thing to know: You should not agree to settle a medical malpractice claim in Florida until:
- You know the true value of your case; and
- You are confident that the insurer’s offer is fair.
Do not go it alone. An experienced Palmetto Bay medical malpractice attorney can provide valuable guidance, support, and legal advice. Along with other key things, your legal representative can assess the offer and negotiate for the maximum financial compensation.
Do Most Medical Malpractice Cases Go to Trial?
Probably not. Medical malpractice litigation is relatively uncommon. Only a relatively small share of medical malpractice claims in Florida end up in trial. Settlement is far more common. That being said, each situation is unique. There is always a chance your case could end up in court. You need a Palmetto Bay, FL medical malpractice attorney who can take your claim as far as needed to secure the full and proper financial compensation that you deserve.
Why Trust On Our Palmetto Bay Medical Malpractice Lawyers for Help
Given the complexity of medical malpractice claims, it is crucial that patients have strong and experienced legal representation. You can be sure that doctors, hospitals, and other health care providers will be represented by an aggressive insurance company. At Dolan Dobrinsky Rosenblum Bluestein, LLP, we have what it takes to get results in medical negligence claims. Our firm is proactive. Along with other things, our Palmetto Bay medical malpractice lawyers will:
- Hear your story and answer legal questions about Florida malpractice laws;
- Conduct a thorough review of your medical malpractice case;
- Work with the highly qualified expert witnesses;
- Advocate for your best interests in medical malpractice settlements negotiations; and
- Take all appropriate action to help you and your family get the best possible results.
Medical malpractice is a highly specialized area of law. A one-size-fits-all approach is not sufficient in these cases. You need an attorney who will invest time and resources into your case. We have a comprehensive record of clients reviews and history of successful case results (more than $1 billion in verdicts/settlements across our full range of practice areas), patients and families can rely on our Palmetto Bay medical malpractice attorneys when it matters most.
We Handle Medical Malpractice Cases in South Florida On Contingency
If you were the victim of medical malpractice in Palmetto Bay or elsewhere in Miami-Dade County, the absolute last thing that you need to worry about is another bill that needs to be paid. With this in mind, you may be wondering how much it costs to hire an attorney for a medical malpractice case. There is good news: At Dolan Dobrinsky Rosenblum Bluestein, LLP, we take on medical malpractice cases on a contingency fee basis. You do not pay upfront costs or hourly bills. Instead, our firm only gets paid when your case is settled for compensation for you receiving a trial verdict. Our Palmetto Bay, FL medical malpractice lawyers offer free, confidential consultations.
Contact Our Palmetto Bay Medical Malpractice Attorneys Today
At Dolan Dobrinsky Rosenblum Bluestein, LLP, our Palmetto Bay medical malpractice attorneys have the knowledge, skills, and professional expertise that you can trust when it matters most. Hurt due to medical negligence? We are here to help. Give us a phone call now at 305-371-2692 or connect with us online to arrange your no cost, confidential case review. Our firm handles medical malpractice cases in Palmetto Bay, Miami-Dade County, and all across South Florida.
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– Allan P.
Have had and currently have many cases shared with this firm as a plaintiffs’ attorney and find them to have the highest legal and ethical competence in their field of practice.