Miami Medical Malpractice Attorneys
Florida law defines medical malpractice as any action for recovery of damaged based on the death or personal injury of any person in which it is alleged that such death or injury resulted from the negligence of a health care provider. Accordingly, physicians, specialists, and other medical personnel may be liable under the legal theory of negligence if he or she owed a duty of care to the person injured and he or she breached said duty.
Specifically, Florida law imposes a standard of care based on what is recognized as acceptable and appropriate by reasonably prudent similar health care providers in light of all relevant circumstances. See Fla. Stat. § 766.102.
The health care provider’s breach must have been the proximate cause of the person’s harm. Lastly, the claimant must have suffered some type of injury as a result of this breach.
75+ Years of Combined Experience in Medical Malpractice
The Miami medical malpractice lawyers of Brais Law Firm have the legal expertise and skill to handle your case. When including Eliot Brais’ years of practice, the firm offers more than 75 years of litigation and trial experience in protecting and serving its clients. See our Results page for more information about our settlements and verdicts.
Our firm knows the ins and outs of litigation involving an individual’s personal injuries and the different forms it can take when dealing with a health care provider’s malpractice. We can help you regarding a broad range of malpractice cases, including:
- Birth Defects / Injuries
- Diagnosis Errors
- Physician & Hospital Malpractice
- Radiology Malpractice
- Prescription Errors
- Anesthesia Errors
- Cancer Cases
- Emergency Room Negligence
- Heart Attack (MI) Misdiagnosis
- Hospital Acquired Infections
- Injuries to Women
- Lack of Informed Consent
- Negligent Medical Treatment
- Pre and Post-Operative Surgical Errors
- Psychiatric Malpractice
- Pulmonary Embolism
- Stroke Misdiagnosis
- Wrongful Death
Florida Medical Malpractice Laws
Notwithstanding the nature of your case, certain procedural rules and substantive laws will apply. For example, Florida Statute Section 95.11(4)(b) provides the limitations period for bringing a medical malpractice case, stating: “[a]n action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence.”
The language following this section is riddled with additional legal exceptions. The wording of medical malpractice statute and the pitfalls associated with bringing such claims, necessitates you consult an attorney to determine the best path to take when pursuing these types of claims.
It is also important to note that Florida has adopted a rather complex procedure that claimants must comply with in order to bring a claim against a particular health care provider. Some of the procedural steps that must be taken before filing a claim include, but are not limited to:
- Beginning a pre-suit investigation;
- Filing a notice of intent to sue;
- Conducting discovery.
In addition to this detailed procedural framework, the Florida Supreme Court recently stuck down laws that capped the amount of noneconomic damages that a claimant could recover against a health care provider or supplier.
Schedule Your Free Consultation Today
The complex procedural and substantive nature of medical malpractice cases calls for a competent attorney and law firm. Depending on the specific facts of your case, Brais Law Firm may be able to help you recover compensation for lost income, medical expenses, loss of future earnings, cost of care and mental anguish.
We work with our clients on a contingency fee basis, meaning you pay zero attorney fees until, and only if, we recover money on your behalf. Schedule your free consultation in our Miami office by calling 1-888-238-5637. You can also connect with us online.