Articles Posted in Medical Malpractice

Many Floridians have a basic understanding of medical malpractice cases, in which an injured patient can seek damages after suffering injuries due to a health care provider’s error. However, if you or a loved one was harmed, you will need far more than a summary. The Florida medical malpractice statute requires you to establish the professional standard of care, and then you must prove how your doctor breached it.

Because of the complications, your first priority should be consulting with a Miami medical malpractice attorney about your rights. However, this 2026 Guide to Medical Malpractice Settlements is also helpful to explain important concepts.

How Much a Miami Medical Malpractice Claim is Worth

While there are legal remedies for victims of medical errors, it is important to understand that you have a considerable burden to enforce your rights. To prove medical malpractice under Florida law, you must show that a healthcare provider breached the standard of care, directly causing injury. Key steps include obtaining medical records, expert testimony, and strong evidence of negligence. 

A skilled Miami medical malpractice attorney can help build a compelling case, but you can read on for a useful overview about how you prove the essential facts.

What Qualifies as Medical Malpractice in Florida?

Diagnosis errors are among the most critical types of medical malpractice because circumstances often prevent a patient from getting proper care. In some cases, the patient may even suffer worse health outcomes because of a misdiagnosis. Unfortunately, mistakes in identifying medical conditions are common. Johns Hopkins Medical reports that an estimated 795,000 Americans suffer fatal or disabling injuries every year because of diagnostic errors. 

If you were affected by a healthcare provider’s mistake, it is critical to get legal help to secure compensation. A few factors explain how a Miami diagnostic errors attorney helps get higher settlements in these cases.

Factors That Impact Settlements in Diagnostic Error Cases in Florida 

In hospitals, medical centers, and healthcare facilities throughout Florida, medical errors are an unfortunate reality that can cause serious harm to patients. Unfortunately, data indicates a serious problem in South Florida. According to a Hospital Safety Grade survey created by The Leapfrog Group, 21 out of the 37 hospitals in Miami have a grade of C or D. 

The data reveals that certain types of errors are common in the hospital setting. They can occur at any stage of medical treatment and often leave victims with long-lasting physical, emotional, and financial burdens. It’s wise to consult with a Miami medical malpractice attorney if you have concerns about the most common medical errors.

Top Medical Malpractice Cases

Physicians go through years of school, residencies, and other training to practice in their specific area of medicine, but these individuals do make mistakes despite their extensive backgrounds. The Society to Improve Diagnosis in Medicine (SIDM) reports that diagnostic errors are among the impactful, harmful problems in health care in the US. Serious mistakes with identifying medical conditions have been discovered in around 10 to 20% of all autopsies, revealing that up to 80,000 patients die because of diagnosis mistakes every year. 

When you trust your physician to make a proper diagnosis, you lose trust and may not know what to do about your health and your rights. With a Miami diagnostic errors lawyer on your side, you can feel confident that your legal remedies are in good hands. A few tips are also useful to help you get through this difficult situation.

Research New Providers

Statutory caps on monetary damages in medical malpractice cases carry some controversy because they attempt to limit what an injured patient can recover. On the one hand, these restrictions help attract the best physicians to Florida without the fear of massive lawsuits. However, caps on damages also result in many victims not being able to recoup their losses after suffering harm at the hands of a healthcare provider. The Florida Senate has recently taken action on the issue by moving a bill out of committee for full voting. 

The proposed legislation would reinstate statutory caps for medical malpractice cases, putting injured patients at a severe disadvantage. It may be some time before the bill becomes law, but it is a consideration for many people seeking compensation for their losses. A Miami medical malpractice lawyer can assist with your claim if you suffered harm, but some information about the proposed statutory cap is useful.

Overview of Proposal to Cap Med Mal Damages

The human body is a complicated machine, which is why the practice of medicine is so highly complex and technical. In the case of a Florida medical malpractice claim, the facts and arguments are also very convoluted. To simplify medical definitions and concepts, all parties will rely on medical experts. The Florida Evidence Code provides that qualifying individuals can testify regarding scientific and specialized knowledge, which will assist the jury in determining a fact at issue. 

Plaintiffs in a medical malpractice case will call a medical expert to support their claims, while defendants will retain their own to fight the allegations. Still, there are some specific tasks that a medical expert will complete to help with your case and meet certain statutory requirements. Your Miami medical malpractice lawyer will take the lead with strategy, and you can read on for information on what medical experts do for your case.

Prepare Written Opinion

When compared to the statutes of limitations other US states impose in personal injury lawsuits, Florida’s deadline is relatively long. For all actions based upon negligence, such as car accidents and slip and falls, the victim has four years to file a lawsuit in court. The clock starts to run on the date of the accident, and the person loses the right to sue if the time restriction expires. There is a special statute of limitations for medical malpractice actions, however. The deadline is shorter, so you have two years from the date of the incident giving rise to the cause of action. 

The statute of limitations creates a tricky situation with a specific type of med mal case in which a healthcare provider misdiagnoses the patient. The clock could run out on the two-year deadline, which is why lawmakers provided the “discovery” rule in the statute of limitations. A Miami diagnosis errors attorney will describe how the law applies to your situation, but there are a few things to know.

How the Discovery Rule Works