Protecting the Rights of Patients in Florida
Your doctor is held to a certain standard of care and may be held responsible for breaches of that care. However, you may need to jump through hoops to prevail in Florida’s “malpractice reform” environment.
Brais Law Firm has the skills and determination to help you recover for medical negligence. Based in Miami, Florida, the firm also has attorneys licensed to practice law in Texas and Massachusetts, where we maintain satellite offices. Our legal team has been recognized for our experienced, ethical practice, including such honors as Rising Stars, Super Lawyers and Legal Elite. Our membership in the Multi-Million Dollar Advocates Forum reflects our history of recovering seven-figure recoveries. View our Results page to read about the nearly $40 million the firm has recovered on behalf of clients in the past four years alone*.
Elements of a Medical Negligence Claim
To prevail, you must prove all the elements of a medical negligence claim, including:
- You had a doctor-patient relationship, which established your doctor’s duty to you
- Your doctor breached the duty by not acting with an accepted standard of care
- The breach caused you harm
- You suffered damages as a result of the harm
These standards also apply to specialists, surgeons, nurses, physical therapists, dentists, psychiatrists, hospitals, labs and other medical professionals and facilities.
Standard of Care
At the heart of a medical negligence is the concept of standard of care. Your doctor owes you the standard of care expected of a similarly situated professional. In other words, what would another doctor under the same circumstances have done? The doctor may breach the standard of care by an act or an omission.
Florida laws place roadblocks to recovery of damages from negligent doctors. Florida caps noneconomic damages, such as pain and suffering, at $500,000 in most cases and $1 million in cases in which the patient is in a permanent vegetative state. The Florida Supreme Court struck down caps on wrongful death noneconomic damages and appellate cases are pending that challenge the other caps.
In 2013, two “tort reform” laws made bringing a case against a negligent physician more difficult. One bill requires expert witnesses to be in the specialty practiced by the negligent defendant. The other bill allows the defendant’s counsel to speak directly with the plaintiff’s treating physicians.
Our Miami medical negligence attorneys have the skills to maneuver through Florida’s challenging legal landscape. We approach your claim with creativity and insight to build a strong cause of action and to pursue your maximum possible damages. We take decisive steps to move your case forward to overcome the delay tactics typical of defense counsel.
Damages for Medical Malpractice
Each claim has its own unique facts and damages. In most cases, our attorneys prove such typical damages as:
- Medical treatment to correct the error made by your doctor
- Disability caused by the doctor’s negligence
- Disfigurement and scarring
- Financial losses, including lost wages and diminished earning capacity
- Non-economic damages, including pain and suffering
Recover Damages on a Medical Negligence Claim
Brais Law Firm represents Florida patients in medical negligence claims. Schedule a free claims analysis to learn more about your rights. You run no risk under our contingency plan, which bases attorneys’ fees on our damages recovery. Contact our main Miami office today.
*Specific details regarding previous verdicts and settlement results are not indications of the results of future cases and settlements, nor should they be held to be guarantees, warranties, or predictions regarding the result of representation by our firm. Furthermore, any message regarding the result of a specific case is not a promise of similar results in future cases, but rather represents the outcome of the specific legal and factual basis from which it arises.