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Brickell Medical Malpractice Lawyer

In a 2016 study, Johns Hopkins University researchers found that medical malpractice is the third most common cause of death in the United States. This means that over 250,000 deaths each year are caused by medical malpractice. An even greater number of people suffer serious illnesses and injuries from medical malpractice. A Brickell medical malpractice lawyer can help victims initiate medical malpractice lawsuits to obtain compensation for their losses.

If you or a loved one was injured or killed as the result of a medical professional’s negligence, it is important to remember that you have a right to pursue compensation. At Gerson & Schwartz, PA, we are committed to fighting for the maximum amount of compensation that victims deserve. We understand how devastating the results of medical negligence can be on victims and their families. You are not alone. Contact our law office at (305) 371-6000 or email us at for help today.

Medical Malpractice Occurs in Hospitals Near Brickell

Even the best medical professionals are at risk of injuring their patients through medical malpractice. All patients should understand that if they are harmed by the negligent actions of medical professionals, they have a right to pursue compensation. Some of the hospitals in and near Brickell where you might encounter medical negligence include the following:

  • BCC Hospital Services
  • Braunwald Hospitals
  • Catholic Health
  • Jackson Memorial Hospital
  • Mercy Hospital
  • University of Miami Hospital
  • VA Miami
What Constitutes Medical Malpractice?

Medical malpractice involves any type of medical negligence committed by medical professionals like doctors, nurses, nurse practitioners, pharmacists, and surgeons. Some of the most common types of medical malpractice include the following:

  • Misdiagnosing a patient’s medical condition
  • Failing to treat a serious medical condition resulting in severe injury or death
  • Negligently or poorly performed surgical procedures
  • Improper administration of drugs resulting in a brain injury or death
  • Delay in providing timely medical care resulting in serious injury such as stoke or death.
Brickell Medical Malpractice and Informed Consent Waivers

Every medical procedure involves a certain level of risk. In most cases, before a person undergoes a medical procedure, the individual must sign waivers addressing risks associated with the treatment. These waivers, however, do not protect medical professionals who perform negligent acts. For this reason, if you have been harmed by medical malpractice after signing an informed consent waiver, you should still contact a Brickell medical malpractice law firm for help in pursuing a claim.

Time Limits in Florida Medical Malpractice Cases

Patients who are harmed by medical malpractice in Florida must file claims or lawsuits within two years from the date that the patient knew or should have known that an injury occurred and that the injury was likely the result of medical malpractice. If a person fails to initiate a claim within this two-year window, the opportunity to pursue a claim may be permanently lost subject to only a certain number of limited exceptions

There are some limited exceptions to this time window, which include cases involving fraud or misrepresentation. On review of your case, a Brickell medical malpractice attorney at Gerson & Schwartz can tell you whether any of these exclusions would apply to your case.

What Your Brickell Medical Malpractice Lawyer Must Prove

To argue a successful medical malpractice claim, several elements must be satisfied regardless of the medical professional who is involved. These elements are:

  • The medical provider owed you a legal duty of care, but it is often easy to establish that a patient-caregiver relationship existed
  • The medical professional committed an act or omission failed to conform to the accepted standard of care.
  • This deviation from the standard of care constituted a breach of duty
  • This breach of duty was both the direct and proximate cause of the patient’s injuries
  • The patient ended up experiencing damages as a result of his or her injuries
Speak with an Experienced Attorney Today

If you or a loved one was harmed by the negligence of a medical professional, you have the right to pursue compensation. Do not hesitate to retain the assistance of a Brickell medical malpractice lawyer at Gerson & Schwartz, PA today. If you wait too long, there is a risk that critical evidence or that you might even be prohibited from pursuing a claim. Do not hesitate to contact us to schedule a free case evaluation.

Client Reviews

I am a lawyer in Massachusetts. I had a case to refer against a cruise line in Florida and did my homework on which firm to represent the client. Let me take the guessing out of it for you. Call this law firm and sign up. Brandon Parrelli, Google User
A big shout out to Nick Gerson & Schwartz for helping me navigate my care after a fall against a major cruise ship. They took care of me all along the way and saw me through such a very hard time. I highly recommend their firm if you are looking for a firm that truly cares about you. 5 Stars all the way! Janna Wright, Google User
Mr Nick Gerson has been extremely attentive (even on weekends!) and has been more than willing to take time to answer all my questions. His receptionist (Suzanne) and paralegal (Carla) are courteous, friendly and highly efficient in all matters. Mr Gerson's diligence lead to a very quick resolution of my case. I am more than pleased to recommend you seek him as your attorney. You will not regret you did!! G.I.B.
Mr. Gerson and all his team gave to my case the careful and professional attention it needed from the beginning to end. Unfortunately, a year ago I was involved in a car accident on the victim side. I have appreciation for the good service that was given to me and my situation. Thanks. Cales & Mr. Hyde (Carlos Andrés García Jiménez), Google User
Gerson & Schwartz did an excellent job with my case! Nick Gerson was my primary contact throughout the process and I was overly pleased with his level of professionalism and commitment. Thanks again to the firm for both winning my case and handling it with the upmost respect. Read the full review » Jhlechia Ervin
Phil is the best attorney! The staff is very helpful and were always kind and understanding. Especially during a PIP claim which can be very frustrating. I am so lucky that I found Gerson & Schwartz to resolve my case, I truly believe there could have been no better outcome. Romina Frascarelli, Google User
Excellent attorneys, they leave no stone unturned in any case and get max value. Jon Zepnick, Google User
I hired Gerson & Schwartz, PA for a personal injury/slip and fall case. Phil Gerson, Nick Gerson, and Ed Schwartz were awesome! They were very professional, supportive, and informative through the whole process. I was amazed at how much time and effort they put into presenting my case. They fought hard for me and I am very happy with the outcome. I love these guys and would highly recommend them to anyone looking for an attorney who will look out for your best interest and fight hard for what you deserve. Deb Betts, Google User