Miami Medical Malpractice Lawyer

If you or a loved one have been harmed by a healthcare provider’s actions or lack of action in Miami and believe you have a case of medical malpractice, contact Labovick Law Group. We can help you understand your legal rights and options to build a strong case and hold the healthcare provider responsible. 

Contact us today and schedule a consultation to discuss your case.


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Believe you've been a victim of medical malpractice in Miami? Get help right away - speak to a medical negligence lawyer today.

Understanding your legal rights if you suffered medical malpractice in Miami

Medical malpractice is a legal term used to describe professional negligence by a healthcare provider, such as a doctor, nurse, pharmacist, or other medical professionals that results in injury to the patient.

Patients in Miami who suffer from medical malpractice have certain rights under the law. These include:

  • The right to file a claim against the responsible party:  You have the right to file a lawsuit against any healthcare provider or institution which is found liable for their medical injuries and losses. 
  • The right to receive compensation for damages: If a medical malpractice claim is successful, then you may be awarded monetary damages, such as reimbursement for medical bills and other healthcare costs, pain and suffering, lost wages from missing work due to injuries, and more.
  • The right to hold the responsible party accountable: A successful claim can help to ensure that the medical provider or institution is held responsible and accountable for their negligence.
  • The right to seek justice: By filing a claim against those responsible for their medical injuries and losses. This can help bring closure and a sense of vindication as well as financial compensation. 

Fighting for justice: How to pursue a medical malpractice claim in Miami

Pursuing a claim for medical malpractice in Miami can be a complex process, and it’s important to have the right knowledge and representation. 

Here are the general steps to pursue a medical malpractice claim in Miami:

  1. Consult with a Miami medical malpractice lawyer: It’s important to work with an attorney who has experience in handling medical malpractice cases and is familiar with the Miami laws.
  2. Gather evidence: Your attorney for medical negligence will work with you to gather all relevant evidence, including medical records and expert testimony, to support your claim.
  3. File a complaint: In Miami, a complaint must be filed with the Florida Department of Health within two years of the date of the alleged malpractice.
  4. Serve the defendant: After the complaint is filed, it must be served to the healthcare provider or facility named as the defendant.
  5. Discovery: Both sides will have the opportunity to gather evidence and conduct depositions in the discovery phase.
  6. Mediation: Mediation is mandatory in medical malpractice cases in Miami, and both sides will have the opportunity to try to settle before the case goes to trial.
  7. Trial: If a settlement cannot be reached, the case will go to trial.
  8. Appeal: If either party is not satisfied with the outcome of the trial, they have the right to appeal the decision.

The importance of informed consent in a medical malpractice case

Informed consent is a crucial aspect of the doctor-patient relationship, and it plays a significant role in medical malpractice cases. Informed consent refers to the process by which a patient is fully informed about the risks, benefits, and alternatives to a proposed medical treatment or procedure, and then gives their voluntary agreement to proceed with the treatment.

The importance of informed consent in a medical malpractice case is twofold:

  1. It establishes that the patient was informed of the potential risks and benefits of the treatment or procedure and voluntarily consented to it. This can be used as a defense against medical malpractice claims, as it demonstrates that the patient understood the risks and willingly accepted them.
  2. It protects the patient’s autonomy and right to make informed decisions about their healthcare. It ensures that the patient is not subjected to unwanted or unnecessary treatments and that they have the right to make decisions about their health and well-being.

It’s important to note that informed consent is not just a signature on a form, but a process of communication between the healthcare provider and the patient, where the provider explains the nature of the treatment, its risks and benefits, and the alternatives available, and the patient fully understands the information provided and provides voluntary consent. If a healthcare provider fails to obtain informed consent, it can be considered medical malpractice.

Having an expert and trusted lawyer is essential. Our team of Warriors for Justice will relentlessly fight for your rights.
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Navigating the complexities of your case with a Miami medical malpractice lawyer

Medical malpractice cases can be complex due to the need to prove that the healthcare provider’s actions or lack of action caused harm to you and that this harm resulted in specific damages. This requires a thorough understanding of medical procedures, standards of care, and the ability to review and interpret medical records. 

Hiring a specialized Miami medical malpractice attorney can bring many benefits if you have been harmed by a healthcare provider’s actions or lack of action. These benefits include:

  • Building a strong case: A skillful attorney for medical negligence has the knowledge and experience to effectively gather and present evidence to prove that the healthcare provider’s actions resulted in specific damages.
  • Understanding of medical procedures and standards of care: A Miami malpractice lawyer has the medical knowledge to understand the complexities of a medical malpractice case.
  • Navigating the legal process: They will be familiar with the legal process for medical malpractice cases, including strict deadlines and requirements for expert witness testimony, which can be difficult to navigate on your own.
  • Protecting your rights and interests: An attorney will work to protect your rights and interests throughout the legal process, ensuring that you receive fair compensation for your injuries.
  • Access to resources and experts: An experienced Miami medical malpractice lawyer has the resources and connections to bring in medical experts and other specialists to support your case, which can be beneficial in proving the malpractice occurred.

The importance of expert witness in a medical malpractice case in Miami

In a medical malpractice case, the plaintiff (the person who has been harmed) must prove that the healthcare provider’s actions or lack of action fell below the standard of care and caused the patient harm. 

An expert witness, typically a medical doctor, can provide testimony on the standard of care that should have been followed in the specific situation, and whether or not the healthcare provider met that standard. This testimony is crucial in helping the jury to understand the medical issues at hand and to determine whether or not the provider was negligent.

Expert witness testimony can also be used to establish the cause of the patient’s injuries and the extent of the damages. For example, an expert witness may be able to testify about the long-term effects of the patient’s injuries, such as lost wages, medical expenses, and pain and suffering.

The role of medical malpractice insurance companies in a Miami case

Medical malpractice insurance companies play a key role in the process of resolving medical malpractice claims. These companies provide insurance coverage to healthcare providers, to protect them from the financial losses that can result from a medical malpractice lawsuit.

Medical malpractice insurance companies’ primary goal is to minimize the amount of money that they pay out in claims. They may try to deny the validity of your claim, or offer you a low settlement amount.

Insurance companies may use many tactics to try to avoid paying a claim. For example, they may argue that the healthcare provider’s actions did not fall below the standard of care, or that your injuries were not caused by the healthcare provider’s actions. They may also try to shift blame onto other parties, or argue that your injuries are not as severe as claimed.

Another tactic that insurance companies may use is to delay the resolution of a claim in the hopes that the patient will accept a lower settlement amount. Some insurance companies may also try to use the legal process to their advantage, by dragging out the case or filing motions to try to delay or avoid a trial.

Having a skillful Miami medical malpractice attorney can be crucial in ensuring your rights and interests are protected when dealing with insurance companies. They will have the knowledge and experience needed to effectively negotiate with insurance companies and to advocate for your interests.

Get the justice you deserve: Contact our Miami medical malpractice lawyers for a free consultation!

If you or a loved one has been the victim of medical malpractice in Miami, it is important to seek advice from an experienced medical malpractice attorney. At Labovick Law Group we are dedicated to providing clients with the highest quality legal representation and compassion during difficult times. With decades of experience handling complex medical negligence cases, we understand how to best build your case, represent your interests, and protect your rights.

At Labovick Law Group we´re experienced in navigating the complexities of medical malpractice cases, as well as insurance companies’ tactics. Our Miami medical malpractice lawyers are trained to ensure you get the maximum compensation. 

We are warriors for justice: we will fight tirelessly on your behalf to hold negligent doctors and other healthcare providers accountable for their actions. With the knowledge and resources needed to successfully litigate your case, you can trust us to provide you with experienced legal representation. 

Call or Click LaBovick for a free consultation!

about Miami Medical Malpractice Lawyer

According to the Florida Office of Insurance Regulation (FLOIR), insurers paid indemnity in a majority of closed cases, equating to 57.1% in 2020. Breaking this number down further, when insurance providers do pay out claims they provide an average settlement amounting to $729,933 – indicating that winning claimants can expect more than half-a-million dollars on average as recompense for malpractice suits.

To prove medical malpractice in Miami, you must demonstrate that the healthcare provider acted negligently and that this negligence resulted in an injury or death.

You don´t have a limit to sue for medical malpractice in Mami. In a June 2017 decision, the Florida Supreme Court ruled that the caps are unconstitutional because until that moment Florida had caps on certain types of damages that can be awarded in medical malpractice cases.

To win a medical malpractice suit, you must prove that: 

  • That the healthcare provider had a professional duty of care towards you.
  • That the healthcare provider was negligent in their care or treatment. 
  • That the negligence resulted in an injury or death.
  • That the injury or death caused you to suffer damages.
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