Medical doctors hold a position of extraordinary trust. Patients come to them at their most vulnerable — injured, sick, frightened — and place their health and lives in their hands. Florida law recognizes this responsibility and holds healthcare providers to a strict standard of care.

When a doctor, surgeon, nurse, or hospital falls below that standard and a patient is harmed as a result, the patient has the right to pursue a medical malpractice claim. At Juan Cordero Lawyers, our Florida medical malpractice attorneys have handled countless cases across Miami, Fort Lauderdale, Orlando, Palm Beach, the Treasure Coast, and throughout the state.

If you or a loved one has been injured by a healthcare provider, call us at 305.525.8957 for a free case evaluation. There is no fee unless we win.

Medical malpractice is defined as any act or omission by a healthcare provider during the treatment of a patient that deviates from the accepted standard of care in the medical community and causes injury to the patient.

The standard of care is what a reasonably competent provider in the same specialty, with the same training and experience, would have done under the same circumstances. When a provider falls below that standard — whether through action or inaction — and the patient suffers harm, a malpractice claim may exist.

Florida also requires that healthcare providers obtain informed consent before performing procedures. If a doctor fails to inform a patient of the material risks of a recommended treatment and the patient suffers from those risks, that failure can itself be the basis for a malpractice claim.

Medical malpractice is not limited to dramatic surgical mistakes. It takes many forms across every area of medicine:

Errors during surgery — wrong-site surgery, retained surgical instruments, anesthesia errors, nerve damage, or postoperative negligence — are among the most serious forms of malpractice. These mistakes can cause permanent disability or death.

When a doctor fails to correctly diagnose a condition — or takes too long to reach the correct diagnosis — a patient may miss a critical treatment window. Misdiagnosed cancers, heart attacks, strokes, and infections are common examples. The delay itself can be the cause of the injury.

Prescribing the wrong drug, the wrong dose, or failing to check for dangerous drug interactions can cause serious harm. Pharmacy errors — dispensing the wrong medication or incorrect instructions — fall under this category as well.

Birth injuries are among the most devastating forms of medical malpractice. Failure to monitor fetal distress, delayed C-section decisions, improper use of forceps or vacuum extractors, and oxygen deprivation during delivery can cause HIE (Hypoxic Ischemic Encephalopathy), cerebral palsy, Erb's palsy, and other permanent conditions. These cases often involve lifelong care needs and substantial damages.

Emergency rooms operate under pressure, but that pressure does not excuse negligence. Failure to timely diagnose a heart attack, stroke, or internal bleeding — or discharging a patient who should have been admitted — can have fatal consequences.

Negligent prenatal care, failure to diagnose gestational diabetes or preeclampsia, and errors during labor and delivery all fall under OB/GYN malpractice.

Before any procedure, a provider must explain the material risks in terms the patient can understand. If a provider performs a procedure without proper informed consent and the patient suffers a known risk that was never disclosed, the provider may be liable.

Radiologists and treating physicians who misread or fail to act on imaging results can miss tumors, fractures, internal bleeding, and other serious conditions. These errors are often discovered only after significant harm has occurred.

Elective procedures carry the same standard of care obligations as any other surgery. Negligent technique, failure to screen for contraindications, and postoperative complications caused by negligence can all give rise to a claim.

Improper medication management, failure to prevent foreseeable self-harm, and negligent discharge of a patient in crisis are examples of psychiatric malpractice.

Surgical errors involving the spine, improper positioning during surgery, or failure to diagnose spinal conditions can cause permanent paralysis or chronic pain.

When a medical device — a hip implant, surgical mesh, pacemaker, or other product — is defective and causes injury, claims may exist against both the manufacturer and the healthcare provider who implanted or used it.

Performing surgery or other invasive procedures that were not medically indicated — whether for financial gain or due to misdiagnosis — exposes the provider to liability for any resulting harm.

Chiropractors and dentists are held to the same standard of care as other healthcare providers. Nerve damage from chiropractic manipulation, dental nerve injuries, and anesthesia errors in dental procedures can all support malpractice claims.

Florida has one of the most structured medical malpractice processes in the country. Here is what to expect:

We review your medical records and the circumstances of your injury at no cost. We determine whether negligence occurred and whether you have a viable claim worth pursuing.

Under Florida Statute §766.106, before filing a lawsuit you must serve a Notice of Intent to Initiate Litigation on all defendants. This triggers a mandatory 90-day investigation period during which the defendants review your claim and may respond with a rejection, settlement offer, or admission of liability.

Before the Notice of Intent can be served, a qualified medical expert must review your case and provide a corroborating opinion that negligence occurred. This expert opinion is required by law — without it, your case cannot proceed.

If the pre-suit process does not produce a fair resolution, we file suit in the appropriate Florida court. The defendant has an opportunity to respond to the allegations.

Both sides exchange evidence, obtain medical records, and take depositions. The treating physician and other healthcare providers may be required to testify under oath about the care they provided.

The majority of medical malpractice cases resolve through negotiated settlement before trial. If the defense does not offer fair compensation, our attorneys are experienced trial lawyers who will take your case to a jury and fight for every dollar you deserve.

A successful medical malpractice claim can recover both economic and non-economic damages:

Economic Damages:

• Past and future medical expenses
• Rehabilitation and long-term care costs
• Lost wages and lost earning capacity
• Cost of medical equipment and home modifications

Non-Economic Damages:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Disability and disfigurement

In wrongful death cases, surviving family members may also recover damages for loss of companionship, mental pain and suffering, and loss of financial support.

Florida previously imposed caps on non-economic damages in medical malpractice cases. The Florida Supreme Court struck down those caps as unconstitutional — meaning full recovery is now available.

You have 2 years from the date you discovered — or reasonably should have discovered — the injury to file a medical malpractice lawsuit in Florida (§95.11(4)(b)). There is also an absolute 4-year statute of repose — no claim can be filed more than 4 years after the negligent act, regardless of when you discovered it. If fraud or concealment by the provider prevented discovery, this may extend to 7 years.

Birth injury cases involving minors may have extended deadlines. Do not assume you have time — contact us immediately.

Juan Cordero Lawyers represents medical malpractice victims across the state, including:

Miami · Fort Lauderdale · West Palm Beach · Orlando · Port St. Lucie · Stuart · Fort Pierce · Hialeah · Tampa · Sarasota · Vero Beach · Key West · Jacksonville · and throughout Florida.

We handle all cases on a contingency fee basis — you pay nothing unless we win. Call 305.525.8957 or 772.227.0577 for a free consultation, available 24 hours a day, 7 days a week.