A Bad Outcome
Isn't Always Bad Luck.
A missed diagnosis, a surgical mistake, a medication mix-up — sometimes what happened to you traces back to care that fell below the accepted standard. Connect with a Miami-Dade medical malpractice attorney who can walk through what a claim actually requires under Florida law.
Florida Law
Proving a Standard
Was Broken.
Not every complication or hard outcome is malpractice — Florida law requires showing a provider departed from the accepted standard of care and that the departure caused harm. Before a claim can even be filed, that showing has to clear a formal presuit process.
Claims generally must be filed within two years of when the injury was discovered, or should have been, and no later than four years from the incident itself — a hard statute of repose with limited exceptions.
A Notice of Intent, backed by a corroborating medical expert opinion under §766.203, must be served on every prospective defendant, opening a 90-day presuit investigation window before a lawsuit can be filed.
A connected Miami-Dade medical malpractice attorney can walk through your medical records and timeline in an initial case review — confidential, and at no cost to you.
"A malpractice claim isn't about a bad outcome — it's about proving the care itself fell short, and what that cost you."
Where Malpractice Happens
The Diagnosis.
The Procedure.
The Claim.
Medical malpractice claims aren't limited to one kind of encounter. In Miami-Dade, they surface across operating rooms, emergency departments, labor units, and everyday prescriptions.
Surgical Errors
Wrong-site procedures, instruments left behind, or damage to a nearby organ or nerve during an operation that went beyond a disclosed risk.
Emergency Room Misdiagnosis
Symptoms of a stroke, heart attack, or infection dismissed or discharged too early at a busy Miami-Dade emergency department.
Delayed Cancer & Serious Diagnosis
A scan, biopsy, or lab result that wasn't followed up on in time, narrowing the treatment options once the diagnosis finally came.
Birth & Obstetric Injuries
Delayed C-sections, mismanaged fetal distress, or medication errors during labor that injured a newborn or new mother.
Medication & Anesthesia Errors
Wrong dosage, a dangerous drug interaction, or an anesthesia mistake made during an otherwise routine procedure.
Hospital-Acquired Infections & Sepsis
Infections that spread because early warning signs of sepsis went unrecognized or a sterile procedure wasn't followed.
Is This You?
A Claim Might
Make Sense If You...
There's no single type of case that qualifies — these are some of the more common situations Miami-area attorneys hear about in a first conversation.
A surgery went wrong beyond a known risk
An outcome that goes beyond anything you were told could happen, or a complication that points to a technical error during the operation.
An ER sent you home and you got much worse
Symptoms brushed off, an early discharge, or a scan that was never ordered — followed by a return trip that told a different story.
A diagnosis was delayed and it changed your options
A lab result, biopsy, or scan that sat unread or unfollowed long enough to narrow what treatment could still do.
A medication mix-up or wrong dosage caused harm
The wrong drug, the wrong amount, or a dangerous interaction that a pharmacist or provider should have caught.
A baby or new mother was injured during delivery
Fetal distress that wasn't acted on quickly enough, or a delivery decision that led to a lasting injury.
You already have medical records or a death certificate
Whether you've requested your chart yourself or a loved one passed away, an attorney can use those records as a starting point for the required expert review.
How It Works
From Your Records
to a Resolved Claim.
Florida requires a specific presuit sequence before a medical malpractice case can even reach a courtroom — here's how that generally plays out.
Free Case Review
A connected Miami-Dade attorney discusses what happened, your treatment timeline, and what records already exist.
Expert & Presuit Investigation
Under §766.203, a qualified medical expert reviews the records to determine whether a corroborating opinion of negligence can be signed.
Notice & 90-Day Window
A Notice of Intent is served under §766.106, opening a 90-day period during which the provider's insurer investigates and the filing clock is generally tolled.
Filing Suit, If Necessary
If the presuit period doesn't resolve the claim, your attorney can file suit to keep it moving forward within Florida's deadlines.
From People We've Worked With
What They Say
"I didn't know if a delayed diagnosis was even worth looking into. Having someone explain the expert review process took the pressure off."
"The hospital's risk department kept calling before I had representation. Once I had an attorney, that stopped and things moved forward."
"Straightforward process. I knew what the 90-day window meant and nobody pressured me into settling early."
Common Questions
What You Need to Know
Not a general one. The Florida Supreme Court struck down the statutory caps on non-economic damages in Estate of McCall v. United States (2014) and North Broward Hospital District v. Kalitan (2017). A separate limit applies if the provider is a government entity. A connected Miami attorney can explain how this applies to your situation at no cost.
Before a lawsuit can be filed, Fla. Stat. §766.106 requires serving a Notice of Intent on every prospective defendant, backed by a corroborating expert opinion obtained under §766.203. This opens a 90-day presuit investigation window before litigation can begin. A connected attorney can map out what your claim needs.
Under Fla. Stat. §95.11, claims generally must be filed within two years of discovering the injury, but no later than four years from the incident itself, subject to limited exceptions. Because the presuit process takes time on its own, starting the conversation now gives your claim room to be built properly.
Yes. Several teaching and public hospitals in the Miami-Dade area carry sovereign immunity protections under Fla. Stat. §768.28, which currently caps recovery at $200,000 per person and $300,000 per incident, along with a separate presuit notice requirement.
Most medical malpractice attorneys handle these cases on contingency, meaning there's no upfront cost and the attorney is paid a percentage of any settlement or verdict recovered. A connected attorney can walk through fee arrangements during your free case review.
Request copies of your complete medical records as early as possible, write down a timeline while it's fresh, and avoid discussing the details with the provider's insurer beforehand. Because a corroborating medical expert is required before a claim can even be filed, talking through your situation early gives that review time to happen properly.
Something Went Wrong.
Find Out What's Next.
A confidential case review about your care — no pressure, no obligation.