Miami Medical Malpractice Attorneys

Medical Negligence Lawyers in Florida, Serving Clients Nationwide

Medical malpractice occurs when a healthcare provider fails to uphold an acceptable standard of care, resulting in patient injury or wrongful death. If you believe that your doctor, a surgeon, a hospital, or some other medical provider did not provide you with adequate care, you could be entitled to financial compensation for your related injuries and damages. This includes medical costs for further necessary care for your injuries, lost income from time taken off work, physical pain and mental suffering, emotional anguish, and more. 

Since 1984, the Miami medical malpractice lawyers at Stewart Tilghman Fox Bianchi & Cain, P.A. have represented people affected by medical negligence throughout Florida and across the United States. In fact, our firm has represented clients from around the globe. We understand the complexities and challenges of medical malpractice cases, and we have the in-depth knowledge, extensive experience, and legal resources necessary to investigate and litigate these cases. 

To speak with a medical malpractice attorney in Miami about your case, call (305) 770-6335 now or contact us online. Your consultation with Stewart Tilghman Fox Bianchi & Cain, P.A. is free and private.

Types of Medical Malpractice Cases We Handle 

With over 100 years of combined experience and hundreds of millions of dollars recovered for our clients, we are equipped to handle a wide range of medical negligence cases in Miami and throughout Florida and the U.S. 

Our law firm has successfully handled medical malpractice cases involving:

These are far from the only types of cases we have handled. If you have suffered any kind of harm due to medical negligence, our Miami medical malpractice lawyers are well-equipped to help you fight for the treatment, resources, and recovery you need. We can answer your questions about how insurance and medical records will impact your case, what constitutes malpractice, how long you have to file your claim, and more.

What Constitutes Medical Malpractice in Florida?

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm. This is not the same as a poor outcome; if the medical provider did everything possible and adhered to the standard of care, but you or your loved one did not get better, this does not constitute medical malpractice. Instead, you must prove that the provider either failed to act in a way that another qualified provider would have or did something that another qualified provider would not have done in the same or similar circumstances.

Examples of Medical Malpractice 

Medical malpractice encompasses a wide variety of negligent acts and omissions. 

Some examples of medical malpractice include: 

• Anesthesia errors 
• Birth injuries 
• Delayed diagnosis 
• Delayed treatment 
• Emergency room errors
• Failure to diagnose 
• Failure to treat
• Hospital negligence 
• Improper aftercare 
• Medication mistakes  
• Misdiagnosis 
• Premature discharge 
• Surgical errors 

At Stewart Tilghman Fox Bianchi & Cain, P.A., we assist clients who have been harmed by all types of medical malpractice in Miami, Florida, and nationwide. Reach out to us today to learn more, including how our team can fight for your recovery.

What Is the Most Common Type of Medical Malpractice Claim?

The most common medical malpractice claim arises from misdiagnosis or delayed diagnosis. These errors can have significant implications for the patient's health. A misdiagnosis can lead to incorrect treatment, no treatment, or unnecessary treatment, which can exacerbate the patient's condition or even lead to new health issues. Similarly, a delayed diagnosis can result in missed opportunities for treatment that could prevent complications or improve outcomes. In the worst cases, it could mean the difference between life and death, particularly with conditions like cancer, heart attack, or stroke, where timely intervention is critical.

Misdiagnosis and delayed diagnosis claims challenge healthcare providers to meet the standard of care expected in diagnosing injuries and health conditions. They highlight the necessity for thorough examination, appropriate testing, and referrals to specialists when necessary. The complexity of these cases lies in proving that a competent healthcare provider in a similar specialty under similar circumstances would not have missed or delayed the diagnosis and that this failure directly resulted in harm to the patient.

Proving Your Medical Malpractice Claim 

As the person bringing the claim, known as the “plaintiff,” you have the burden of proof in your medical malpractice case. This simply means that you are responsible for proving your claim against the defendant, whether that’s an individual provider or a healthcare facility, such as a hospital.

In Florida, there are several factors that must be present for a case to be considered medical malpractice:

• There must be a doctor-patient relationship. The healthcare provider or facility has agreed to treat (and therefore has a duty to treat) the patient, and the patient has agreed to receive treatment from the provider or facility.
• The healthcare provider must have breached their duty of care. The healthcare provider acted in a way that was negligent or below the standard of care expected of a reasonable healthcare provider in similar circumstances.
• The breach of duty must have caused harm to the patient. The provider’s negligence or failure to uphold the standard of care led to measurable harm to the patient. This harm can be physical, emotional, or financial.
• The harm must have resulted in damages. As a result of the harm caused by the provider’s negligence, the patient suffered actual losses, such as medical expenses, lost wages or benefits, or pain and suffering.

Our medical malpractice lawyers in Miami understand the complex nature of Florida medical negligence cases. We know how to establish liability and prove negligence. At Stewart Tilghman Fox Bianchi & Cain, P.A., we also know how to properly evaluate our clients’ cases and seek maximum recovery for the full scope of their damages.

How Long Do You Have to File a Medical Malpractice Lawsuit in Florida? 

If you believe you or someone you care about was the victim of medical malpractice in Florida, it’s important that you know you only have a limited amount of time to take legal action. In Florida, the statute of limitations for medical malpractice cases is typically two years from the date the injury is discovered or should have been discovered, but it cannot exceed four years from the date of the alleged negligent act. This means that even if the injury is not discovered until years later, a claimant must file their lawsuit within four years of the event itself.

The statute of repose in Florida further limits the time frame for filing a medical malpractice claim. It sets a hard deadline of 12 years from the date of the negligent act, regardless of when the injury was discovered. This means that if the act of medical malpractice occurred more than 12 years prior, a claim cannot be filed, even if the injury was discovered within the two-year period. Though there are some exceptions to these rules, they are rare. It’s important that you act quickly so that you don’t lose your right to sue the liable party for damages. 

Read more about Florida's medical malpractice statute of limitations in our blog!

What Does a Miami Medical Malpractice Lawyer Do? 

Medical malpractice attorneys represent individuals and families who’ve experienced acts of medical neglect—whether through someone’s actions or failure to act. As medical malpractice lawyers, we are responsible for helping people who are facing some of the most difficult times in their lives. Through the years, we have been there to advise and guide people who are going up against large, powerful companies and health systems, ensuring that they are not just another statistic. 

Whether our client is filing a lawsuit because of an injury that affected their child, something that hurt them personally, or even an action that killed a loved one, we are here to help them through. When you're looking for a medical malpractice lawyer in Miami, trust our team to provide the compassionate counsel and aggressive advocacy you need.

How to Find a Medical Malpractice Lawyer in Miami

Medical malpractice claims can be complex and challenging, often involving intricate legal and medical issues. Therefore, finding a skilled medical malpractice lawyer is crucial to the success of your case. An attorney will not only have an in-depth understanding of the laws affecting your case but also access to invaluable resources, such as medical professionals who can provide critical testimony in support of your case. 

If you're in Miami and wondering how to find a good medical malpractice attorney, follow these steps:

• Start with recommendations
• Research potential candidates
• Look at reviews and ratings
• Consider experience and expertise
• Set up consultations
• Ask the right questions
• Evaluate communication and comfort level
• Compare and decide

Remember that selecting the right medical malpractice lawyer is a significant decision that can dramatically impact the outcome of your case. So, take the time necessary to research and make an informed choice. We encourage you to read more about our firm, view our case results and reviews, and schedule a free consultation with a member of our team to learn more and decide for yourself whether we are the right fit for your case. 

Why Choose Our Miami Medical Neglect Lawyers?

We represent cases nationwide, but why choose a firm in Florida over a local firm? Because we were built on a history of results. Ultimately, what a firm says about itself will never be as loud as its ability to obtain results. In the last 40+ years, our firm has secured hundreds of millions of dollars for people who were seriously injured and could not afford to lose.

Just a few examples of our medical malpractice results:

• $15 million for parents in a birth injury case
• $5 million in a confidential settlement
• $6.75 million recovery for a young woman injured by medical malpractice
• $6 million recovery for a disabled child injured in the recovery room

The "secret" to our success is simple: we keep our caseload small so we can dedicate the proper resources, time, and effort to your case. Because we commit more time, we outwork our opponents, arriving at the courtroom better prepared and ready for trial. This strategy has served us time and time again, allowing us to secure just compensation for the injured.

Medical Malpractice Cases We've Successfully Handled Nationwide

Our opponents have included the largest, most well-equipped hospitals and malpractice defense law firms. We have tried high-profile, high-stakes medical malpractice cases in Florida and throughout the U.S., and we are dedicated to holding medical professionals, hospitals, and organizations responsible for their negligence and recklessness.

Some of our most significant cases include:

• Apariclo v. Hialeah Hospital, et al.
• Baker v. North Florida Regional Hospital
• Beatty v. Borota
• Britting v. Habal, Abdoni and St. Joseph's Hospital
• Butts v. Schumpert Medical Center, et al
• Diaz v. Dr. Valladares, Dr. Yong and Hialeah Hospital, Inc.
• Former NFL cornerback's career ended by medical malpractice
• Gorman v. St. Joseph's Hospital
• Jackson v. Friedman and Cedars of Lebanon Hospital
• Our role in the Terri Schiavo case

If you're facing life-altering catastrophic injuries—such as a brain injury or spine injury—if your child suffered a devastating birth injury, or if you have lost a loved one due to medical malpractice, do not hesitate to call our Miami law firm. We can help you fight for the compensation you need to cover your medical bills, pain and suffering, lost wages, and more.

You should not have to suffer on your own after being harmed by a medical provider’s negligence. Let Stewart Tilghman Fox Bianchi & Cain, P.A. protect your legal rights and help you in the pursuit of justice. Our Miami medical malpractice lawyers work exclusively on a contingency fee basis, meaning we take no fee from our clients unless we win their cases.

Call (305) 770-6335 or schedule an appointment for a free case evaluation online.

Medical Malpractice FAQ

How do I know if I have a medical malpractice case?

To establish a medical malpractice case, you must demonstrate that the healthcare provider acted negligently (i.e., outside of the standard of care), that you were injured, that the medical provider’s negligence caused your injury, and that you suffered damages as a result. It’s important that you consult with a knowledgeable medical negligence lawyer who can help evaluate your situation and determine whether you have grounds for a case.

What is the statute of limitations for medical malpractice cases in Florida?

In Florida, you generally have two years from the date you discovered or should have discovered the injury to file a lawsuit. However, you cannot file more than four years after the negligent act occurred. Under the statute of repose, you cannot pursue a claim if the medical malpractice occurred more than 12 years ago, regardless of when you discovered the injury.

Are there caps on damages in Florida medical malpractice cases?

Yes, Florida law imposes caps, or limits, on non-economic damages in medical malpractice cases, limiting them to $500,000 for most claims. However, this cap can increase to $1 million in cases involving catastrophic injuries or wrongful death. Note that this only applies to non-economic damages, not economic damages, such as medical expenses or lost income. 

What should I do if I suspect medical malpractice?

If you suspect malpractice, seek a second opinion regarding your medical condition. Document all relevant information and consult with an experienced medical malpractice lawyer to discuss your situation and potential legal options.

How long will my Miami medical malpractice case take?

The duration of a medical malpractice case can vary significantly based on its complexity, the willingness of parties to settle, and the court's schedule. Some cases may be resolved within a year, while others can take several years.

Will I have to go to court for my medical malpractice case in Miami?

Not necessarily; many medical malpractice cases are settled out of court. However, if a fair settlement cannot be reached, your case may go to trial. We can talk to you about your situation and what may be involved.

How much does it cost to hire a medical malpractice attorney in Miami?

Most medical malpractice attorneys—including ours—work on a contingency fee basis, meaning they only get paid if you win your case. This fee is typically a percentage of the settlement or award you receive.