Miami Medical Malpractice Lawyers

What is Medical Malpractice?

Medical malpractice occurs when a medical provider deviates from the accepted standard of care, causing harm to a patient. The “standard of care” refers to the level of treatment a reasonably competent provider in the same field would have given under similar circumstances.

Importantly, a bad outcome to treatment does not automatically qualify as medical malpractice. Even talented medical providers cannot guarantee how a treatment or procedure will end, after all. Again, for it to be medical malpractice, an unacceptable or unreasonable deviation from the expected standard of medical care must have occurred at some point.

To establish a valid medical malpractice case, it must be shown that:

1. A doctor-patient relationship existed;
2. The medical provider deviated from the accepted standard of care;
3. The deviation caused harm to the patient, including harm related to a failure to treat a health condition; and,
4. The patient suffered measurable damages (physical, emotional, or financial).

Figuring out if you have a valid medical malpractice claim can be complicated. But you can simplify things by letting our Miami medical malpractice attorneys determine that for you.

Taking Care of Every Step for You

At Raposo & Lukacs, we understand the physical, emotional, and financial burdens caused by medical negligence. We’re committed to providing legal counsel that manages every step of your case for you, so you don’t have to worry about legal details on your own.

We can handle anything that is required to pursue justice and compensation in your name, such as:

• Investigating your case thoroughly with the help of medical experts.
• Identifying liable parties, whether it be a doctor, nurse, hospital, or clinic.
• Handling the pre-suit notice and medical review process required under Florida law.
• Attempting to negotiate with insurance companies.
• Taking your case to trial if a fair settlement is not offered.

You can feel confident when you choose our firm, especially because Attorney Lukacs has been an insurance defense lawyer before. He knows what tactics are used by the insurance groups that represent and defend medical institutions, which means he can plan for their moves before they make them. With his insight and Attorney Raposo’s tenacity, we have been able to secure massive victories for our clients, earning both attorneys lifetime memberships to the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum, which are memberships held by less than 1% of all practicing attorneys in the U.S.

Medical Malpractice Laws in Florida

Florida has specific rules and deadlines that govern medical malpractice claims, many of which will directly affect your claim. We are here to explain everything to you in plain language, so you can understand how your case is developing at every stage.

Florida laws and rules that could affect your medical malpractice claim include:

• Statute of limitations: Generally, a medical malpractice claim must be filed within two years of when the patient knew or reasonably should have known of the malpractice. However, no case can be filed more than four years from the date of the incident (with limited exceptions, such as fraud or cases involving minors).
• Pre-suit requirements: Florida law requires a detailed investigation before filing a lawsuit, including obtaining a sworn affidavit from a qualified medical expert confirming malpractice occurred.
• Comparative negligence: If a patient is found partially at fault (for example, by not following treatment instructions), compensation may be reduced by their percentage of fault.