Medical Malpractice
Holding healthcare providers accountable for surgical errors, misdiagnosis, and negligent care.
When you trust a doctor, surgeon, or hospital with your health—or the health of someone you love—you expect competent, professional care. When medical providers make preventable mistakes, the consequences can be devastating: permanent disability, disfigurement, organ damage, brain injuries, or wrongful death. Medical malpractice isn't just negligence—it's a betrayal of the sacred trust between patient and provider.
At Emas Law Group, we hold negligent healthcare providers accountable. David spent years defending hospitals and healthcare professionals at premier defense firms. He knows how they think, how they hide mistakes, and how they build their defenses. Now, he uses that insider knowledge to win justice for malpractice victims.
Types of Medical Malpractice Cases
- Surgical Errors – Wrong-site surgery, retained surgical instruments, anesthesia mistakes, or post-operative complications due to negligence.
- Misdiagnosis or Delayed Diagnosis – Failure to diagnose cancer, heart attacks, strokes, infections, or other serious conditions that lead to worsened outcomes or death.
- Medication Errors – Wrong medication, wrong dosage, dangerous drug interactions, or pharmacy dispensing errors.
- Birth Injuries – Cerebral palsy, Erb's palsy, brain damage, or maternal injuries caused by obstetric negligence during labor and delivery.
- Emergency Room Negligence – Failure to properly triage, delayed treatment, or misdiagnosis in the emergency department.
- Hospital-Acquired Infections – MRSA, sepsis, or other preventable infections caused by unsanitary conditions or improper protocols.
Suffered medical negligence? Call (305) 433-3135 now for your free consultation.
Why Medical Malpractice Cases Are So Complex
Medical malpractice claims are among the most difficult personal injury cases to win. Florida law imposes strict requirements:
- Expert Medical Testimony – You must have a qualified medical expert testify that the provider violated the standard of care and that this breach caused your injuries.
- Pre-Suit Investigation Requirements – Florida requires extensive pre-lawsuit investigation, including obtaining medical expert affidavits before filing suit.
- Statute of Limitations – Generally two years from when you discovered (or should have discovered) the malpractice, with some exceptions.
- Well-Funded Defense – Hospitals and doctors have insurance companies with deep pockets and teams of experienced defense lawyers.
David knows these challenges because he defended hospitals against malpractice claims. He knows how they investigate cases, what experts they hire, and how they try to blame the patient. This insider knowledge is your advantage.
How do I know if I have a medical malpractice case?
Not every bad medical outcome is malpractice. To have a valid claim, three elements must exist: (1) the healthcare provider owed you a duty of care, (2) they breached that duty by failing to meet the accepted standard of care, and (3) their breach directly caused your injury or worsened your condition. During your free consultation, we'll review your medical records, consult with medical experts, and give you an honest assessment of whether you have a viable case.
How long do medical malpractice cases take?
Medical malpractice cases typically take 2-4 years from filing to resolution, though some settle earlier and others go to trial. The timeline includes pre-suit investigation (3-6 months), filing the lawsuit, extensive discovery including depositions of medical experts and providers, mediation attempts, and potentially trial. These cases take time because they're complex and hospitals fight aggressively. But we have the resources and experience to see your case through to the end.
What compensation can I recover?
Medical malpractice victims can recover compensation for past and future medical expenses, lost wages and lost earning capacity, pain and suffering, disability and disfigurement, and loss of quality of life. In cases involving egregious negligence, punitive damages may also be available. Florida law caps non-economic damages in some malpractice cases, but our attorneys know how to maximize your recovery within these limits.
Hold Negligent Healthcare Providers Accountable
When doctors and hospitals make preventable mistakes, patients suffer. You deserve answers, accountability, and compensation for what you've endured. At Emas Law Group, we have the medical knowledge, legal expertise, and insider defense experience to take on hospitals and win. Call us today at (305) 433-3135 for your free, confidential consultation. We're available 24/7.
Evidence can disappear quickly. Contact us today to protect your rights.
Frequently Asked Questions
What qualifies as medical malpractice in Florida?
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.
Is there a cap on medical malpractice damages in Florida?
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.
How long do I have to file a medical malpractice lawsuit in Florida?
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.
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