Miami Medical Malpractice Attorneys
Serving clients throughout South and Central Florida
Medical malpractice incidents in Florida result in serious and life-threatening injuries to patients much too often. According to statistics from the National Practitioner Data Bank (NPDB), there were 3,075 adverse actions that occurred in the state of Florida in 2016, which refers to the number of measures taken against healthcare professionals such as reprimands or sanctions. In total, there were 1,161 medical malpractice payments in 2016, which represents an increase from previous years.
Victims of medical malpractice deserve to be compensated for their losses. Medical malpractice, or medical negligence, lawsuits allow injured patients to file claims for compensation when they suffer injuries caused by a healthcare provider’s negligence. Many different types of healthcare providers can be held accountable in a medical malpractice case, from a primary care physician to a hospital or laboratory to a pharmacist. Our experienced Miami medical malpractice attorneys at Dolan Dobrinsky Rosenblum, LLP are committed to helping injured patients in Miami. We understand how devastating a medical error can be, and we want to assist you in seeking compensation for your losses.
We Handle All Types of Medical Malpractice Claims in Miami, FL
Medical malpractice has many different sources. According to a study conducted by Johns Hopkins Medicine, medical errors or mistakes account for more than 250,000 patient deaths each year and many more nonfatal injuries. When a healthcare provider fails to provide quality care, you have a right to hold your healthcare provider liable for injuries caused by negligence. A Miami medical malpractice attorney can discuss the specifics of your case with you and can help you to determine who you may be able to sue to seek compensation. At Dolan Dobrinsky Rosenblum, LLP, we regularly assist clients with a wide variety of medical malpractice claims, including but not limited to:
- Delayed diagnosis;
- Surgical errors;
- Anesthesia errors;
- Medication errors;
- Childbirth mistakes;
- Laboratory test errors; and
- Dental negligence.
In Miami, a patient may be able to obtain compensation by proving that a healthcare provider’s negligence or error caused her injuries. It is important to note that not all patient injuries constitute malpractice. To be sure, medical malpractice or medical negligence occurs when a healthcare provider fails to live up to the recognized standard of care. Under Florida Statutes Section 766.102, the law states: “The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”
In other words, the standard of care is measured in relation to other similar healthcare providers in the Miami area. Generally, a successful medical malpractice plaintiff will need to prove the following in order to recover:
- Healthcare provider owed the plaintiff a duty of care (which typically exists whenever a provider-patient relationship is established);
- Healthcare provider breached that duty of care (by deviating from the prevailing professional standard of care); and
- Healthcare provider’s breach of the duty of care caused the plaintiff’s injuries.
Injured Victims Deserve Full Compensation
According to the NPDB, the highest number of medical malpractice payouts in Florida in 2016 totaled between $250,000 and $499,000 (approximately 65 million), and represented almost 29 percent of all payment amounts in 2016. More than 22 percent, or about 50 million payouts, totaled between $500,000 and $999,000. Payment amounts between $100,000 and $249,000 were also common, representing almost 20 percent of all medical negligence payouts and about 45 million of all payments made. Payouts between $1,000,000 and $1,999,000 represented more than 15 percent of all medical malpractice payments in Florida, for a total of more than 35 million payouts.
Victims of medical malpractice can be eligible to receive compensatory damages, which include both economic and non-economic damages. Such damages include but are not limited to:
- Hospital bills;
- Rehabilitative therapy;
- Lost current and future wages;
- Pain and suffering;
- Mental anguish; and
- Loss of enjoyment of life.
Florida, like many other states, used to have a “cap” on non-economic damages, or those for which there is not an objective cost (such as pain and suffering or mental anguish). However, in the recent case of North Broward Hospital District v. Kalitan, the Florida Supreme Court ruled that such caps, or limits, on non-economic damages are unconstitutional. As such, medical malpractice plaintiffs are no longer limited in the amount they can recover for both economic and non-economic damages.
In certain cases where the healthcare provider’s conduct was especially egregious, a plaintiff also may be entitled to punitive damages. Punitive damages are not intended to compensate a victim for losses, but rather to punish the defendant and to deter similar conduct in the future. Florida Statutes Section 768.73 does place a “cap” on punitive damages. You should be sure to discuss recovery possibilities with your Miami medical malpractice lawyer.
You Can Always Afford Our Experienced Medical Malpractice Attorneys
At Dolan Dobrinsky Rosenblum, LLP, we are committed to assisting you with your medical malpractice claim regardless of your financial status. Our dedicated Miami medical malpractice lawyers understand how devastating an injury resulting from medical negligence can be, and we can take your case on a contingency fee basis. In other words, you will not have to pay anything up front, and there will be no costs to you unless we win. If we are able to recover for you, then our fee will be a percentage of your settlement or your jury award. To be clear, we only get a fee if we are able to recover for you. We are confident in our ability to craft a strong medical malpractice case, and we are willing to take on financial risk ourselves in order to ensure that you have an experienced advocate on your side.
Contact Our Team Today
Were you recently injured as a result of a healthcare provider’s negligence? You should not have to bear the financial, physical, or psychological burdens associated with your physician’s mistakes. At Dolan Dobrinsky Rosenblum, LLP, we regularly represent medical malpractice victims in Miami, and we can schedule a free, no-obligation legal consultation today. Our aggressive Miami medical malpractice attorneys serve clients in Miami, as well as throughout Miami-Dade County, Broward County, and Palm Beach County. Contact us to learn more.
Medical Malpractice FAQs
What is Medical Malpractice?
Medical malpractice is an area of personal injury law that allows an injured patient to file a claim against a healthcare provider for negligence. Medical malpractice claims, also known as medical negligence lawsuits, can arise when a healthcare provider failed to provide a level of care to the patient that another healthcare provider in the same medical field and geographic area would have considered appropriate. Most situations in which a medical error or medical mistake occurs give rise to medical malpractice lawsuits.
Does Any Patient Who Sustained Injuries Have a Valid Medical Malpractice Lawsuit?
It is important to understand that, just because a medical procedure did not result in the desired outcome, the patient does not necessarily have a medical malpractice claim. In some cases, a patient can suffer a serious or even fatal injury when the doctor or surgeon takes all necessary safety precautions and provides the patient with a high quality of care. At the same time, patient injuries do often result from medical negligence. As such, if you or someone you love got hurt, you should learn about your options by speaking with a Florida medical malpractice lawyer.
Can I File a Claim If I Signed an Informed Consent Document?
While Florida Medical Consent Law (Fla. Stat. § 766.103) does allow patients to consent to certain medical treatments or procedures that come with risks, patients who sign informed consent documents never consent to injuries caused by medical negligence.
What Are the Most Common Types of Medical Malpractice Claims?
There are many different types of medical errors and grounds for medical malpractice claims, including but not limited to the following:
- Diagnostic errors, which can include a misdiagnosis, or a delayed diagnosis;
- Surgical errors, which may include a wrong-site error, wrong-patient operation, or leaving a surgical instrument inside the body of a patient;
- Anesthesia errors, which can include administering the incorrect amount of anesthesia or failing to take into account a pre-existing condition that could impact how a patient responds to anesthesia;
- Medication errors, which might include prescribing the wrong drug or wrong amount of a drug, filling the wrong drug or wrong amount of a drug, or failing to take into account a patient’s existing medications that could result in a harmful medication interaction; and
- Birth injuries, which can include mistakes during the childbirth process that result in birth defects, or failing to diagnose a condition in the mother that results in a birth defect.
How Much Time Do I Have to File a Medical Malpractice Lawsuit in Florida?
Under Florida law (Fla. Stat. § 95.11), the statute of limitations for most medical malpractice claims is two years. For most patients, the statute of limitations means that a lawsuit must get filed within two years from the date of the initial harm. In some cases, if it took longer for the plaintiff to realize that she had been injured—such as in a case where a surgeon left a surgical sponge accidentally inside the body—then the plaintiff has two years from the date that the injury occurred or two years from the date that the injury was or reasonably should have been discovered.
Trusting Words From Our Clients
“I have used Manuel Dobrinsky and he is more than excellent. Great communication. More than effective. It was a fantastic support for me having him during my process. Also I can say the best Lawyer I ever had.”J. Cordero
“I endorse this lawyer's work. Manny is one of the brightest trial attorneys that I know. He is an incredibly hard worker and always strives to achieve the best results for his clients. He excels in the Courtroom as well. I would recommend him without reservation.”A. Weinstein
“The very best there is! Great, talented lawyers, considerate, your best at heart, true human beings.”Y. Garcia