Hialeah Medical Malpractice Lawyer

Medical malpractice in Florida occurs when a healthcare provider fails to meet the accepted standard of care, and this failure causes injury to the patient. Common examples include misdiagnosis or delayed diagnosis, surgical errors, medication mistakes, birth injuries, anesthesia errors, failure to obtain informed consent, and hospital-acquired infections due to negligence. Not every bad outcome is malpractice—there must be a deviation from standard medical practice.

Florida previously had caps on non-economic damages in medical malpractice cases, but the Florida Supreme Court ruled these caps unconstitutional in 2017. This means there is currently no statutory limit on the amount of pain and suffering damages you can recover. However, the value of each case depends on the specific circumstances, the severity of injuries, and the evidence presented.

In Florida, you generally have two years from when you discovered (or should have discovered) the injury to file a medical malpractice lawsuit. However, there's an absolute four-year deadline from the date of the incident, with limited exceptions for fraud, concealment, or cases involving minors. Before filing, Florida law requires a pre-suit investigation and notification to the healthcare provider. Given these complex requirements, consult an attorney promptly.