Medical Malpractice Attorneys Helping People In Florida And Across The U.S.
While nothing can undo the harm that was caused by a negligent medical provider, compensation from a medical malpractice lawsuit can make a big difference in the quality of your life going forward. At Kurzban Kurzban Tetzeli & Pratt, P.A., we believe strongly that people who have suffered serious injuries at the hands of negligent health care providers deserve considerable compensation.
Our attorneys focus on cases of catastrophic injury and wrongful death resulting from medical malpractice. We have achieved an exceptional record of success for our clients. While we are located in Miami, we try cases throughout Florida and the United States. If you suspect malpractice in a loved one’s injury or death, you can trust our medical malpractice lawyers to vigorously pursue justice.
Our Approach To Medical Malpractice Cases Makes The Difference
Many medical malpractice law firms employ in-house medical professionals to assess cases and serve as expert witnesses. We do not. Our opinion is that an on-staff doctor or nurse is less objective and has less credibility than a nationally recognized expert. Instead, our attorneys obtain impartial opinions from top medical experts. Our lawyers travel to Johns Hopkins and Harvard medical schools to consult with department heads. While it may cost more to engage these experts’ medical opinions and their testimony at trial, we believe it makes a difference in the recoveries we obtain for our clients for their medical bills and other damages.
For example, we obtained a $7.2 million judgment against Mercy Hospital for a 22-year-old man who was rendered brain-dead during a routine operation for a broken leg due to a doctor’s mistake for failing to monitor the patient during the operation. At the time, it was the largest verdict for medical malpractice in Florida history. In another case, we secured a $5.7 million award for a 37-year-old truck driver in a lawsuit for failure to diagnose. The jury agreed that three urologists and/or their professional associations were liable for missing obvious signs of treatable kidney disease. Because of the delayed diagnosis, the plaintiff lost both kidneys and needed a transplant to survive.
In addition to investing in experts, our medical malpractice attorneys prepare each case as if it would be argued before a jury. Our attorneys are willing and able to try cases to verdict when doctors, hospitals, and their insurers deny responsibility and refuse to negotiate in good faith. Most law firms will do almost anything to avoid a trial, even if it means accepting less than their client deserves.
What Is Medical Malpractice?
Medical malpractice is care that falls short of what a reasonably prudent health care provider would have done under similar circumstances. Another word for medical malpractice is medical or health care negligence. Not every negative medical outcome is caused by medical malpractice in Miami. Sometimes a doctor or any other medical provider can do everything they should have done and the patient still suffers a serious injury or death.
Only an experienced attorney and a qualified medical expert can determine if the injury or death was caused by malpractice. To bring a case of medical malpractice against a doctor, nurse, hospital or medical provider, you must provide the court a written opinion from a medical expert who holds a professional health care degree and practices in a similar area of medicine.
We Hold Negligent Medical Providers Accountable
Our medical negligence attorneys are known for taking the most serious, high-stakes malpractice cases: those involving irreversible nerve damage, paralysis, brain damage, spinal cord trauma and organ failure. We have litigated a broad spectrum of medical malpractice and hospital negligence cases in Florida and other states, including:
- Failure to diagnose cancer and other life-threatening conditions
- Birth injuries and neonatal care resulting in brain damage or physical disabilities
- Emergency room negligence in triage, diagnosis and treatment
- Surgery errors resulting in injury, infection, nerve damage or death
- Hospital negligence, such as failure to monitor patients
- Anesthesia errors resulting in brain injury or death
- Radiology and lab errors resulting in serious or permanent harm
- Medication errors such as wrong doses or contraindications
We have built a nationwide reputation as the go-to firm for medical malpractice in undiagnosed kidney disease. Our lawyers have achieved unparalleled results on behalf of clients who suffered through dialysis, transplants and complications of kidney failure, as well as families whose loved ones died prematurely from end-stage kidney disease.
We also represent survivors of those who have died due to suspected medical errors leading to malpractice.
We Can Explain How Florida Malpractice Laws Affect Your Case
Understanding how Florida’s malpractice laws impact your case is crucial for navigating a medical malpractice claim. The statute of limitations in Florida is two years from the day when you discovered the injury and should have discovered it with reasonable diligence. However, this timeframe can be extended in certain circumstances, such as cases involving fraud, concealment, or misrepresentation by a health care provider.
HB-837, a legislative bill introduced to reform various aspects of civil litigation, has significant implications for medical malpractice victims. One of the key provisions of HB-837 is the adjustment of the statute of limitations for filing medical malpractice claims. This bill aims to streamline the legal process and reduce the burden on the judicial system, but it also imposes stricter deadlines and procedural requirements for plaintiffs.
For medical malpractice victims, HB-837 means a more rigorous and potentially expedited timeline to file a claim. This can be particularly challenging for those who need time to gather evidence, consult with medical experts and secure legal representation. It is imperative to act swiftly and seek legal advice as soon as possible to protect your rights and file your case within the new time constraints.
HB-837 also introduces changes to the standards of proof and the admissibility of expert testimony in medical malpractice cases. The bill requires plaintiffs to provide more detailed affidavits from medical experts at the onset of the case, potentially increasing the initial costs and complexity of filing a claim. This heightened scrutiny aims to deter frivolous lawsuits but may also present additional hurdles for genuine victims seeking justice.
Our team understands the intricacies of Florida’s medical malpractice laws and the impact of recent legislative changes like HB-837. Our experienced Miami medical malpractice attorneys are committed to guiding you through the complexities of the legal system, handling your claim with the utmost care and precision. They work diligently to gather the necessary evidence, consult with top medical experts, and build a robust case on your behalf.
Get help from a Florida medical malpractice lawyer by calling 305-744-5888 or by using our contact form.
Answers To Your Initial Questions About Medical Malpractice Claims
We are nationwide leaders in medical law negligence. Because our attorneys have helped countless victims achieve significant results, we often receive many inquiries about our medical malpractice services. Here are a few answers to some of the most basic questions about medical malpractice that our Florida-based law firm receives.
Do I have a medical malpractice case?
This is perhaps the biggest question potential clients have, but it’s one that no website can ever answer. Each case will be determined by its unique set of facts. Only an in-depth, personalized consultation with one of our lawyers can tell you whether your case has merit. We will sit down with you to discuss whether you might have suffered from a doctor’s negligence.
How do I know it’s medical negligence?
Legally speaking, health care providers commit malpractice when they fail to uphold the acceptable and reasonable standards of care set by their profession. That means that not every negative medical outcome constitutes malpractice. In many cases, health care providers do everything correctly and negative outcomes still occur, unfortunately.
To bring a malpractice claim for negligent medical care, you need the outside opinion of a medical expert who can testify that your doctor, nurse, anesthesiologist, surgeon or any other health care provider acted negligently and failed to uphold the accepted standards of care for your diagnosis or procedure. This expert must hold a professional health care degree and work in a similar field to the defendant.
How do you find a medical expert?
Our lawyers work with a roster of leading professionals in various fields of medicine when building our medical malpractice cases. We also front the costs of hiring these top medical experts in the hopes of recouping those costs from a successful verdict or settlement. We draw from these connections to connect you with an expert who can determine physician negligence.
What are my rights as a patient?
As a patient in Florida, you have the right to information about your diagnosis, prognosis and treatment options. You also have the right to know the full costs of pursuing any particular treatment, as well as the risks associated with it. Furthermore, you should be treated with dignity throughout the duration of your medical procedure or hospital stay.
Finally, you have the right to express grievances against a hospital or health care professional. Health care providers must provide patients and their families with information on how to file a complaint. You may also seek compensation for proven medical negligence. Our law firm can help you with this final step: taking decisive legal action if you indeed have a valid medical malpractice claim.
How To Choose A Medical Malpractice Lawyer
Whether you choose our law firm or another to represent you in a medical malpractice case, we want you to make an informed decision. Here are five questions you should ask your lawyer before making a decision about who will represent your family:
- Does the firm hire the best medical experts?
- Many medical malpractice lawyers only obtain medical opinions and testimonies from doctors who work for the firm. We believe that in-house doctors have less credibility than independent experts. As a result, we hire independent experts from the top medical schools in the nation.
- Does the firm regularly try cases?
- Many law firms take on cases with the hopes of negotiating a settlement. Medical malpractice insurance companies have little incentive to offer a fair settlement to a law firm that is unable or unwilling to try the case. Our attorneys try more than half of the medical malpractice cases we take on.
- How many attorneys work for the firm?
- Many personal injury law firms have one or two attorneys – and a large support staff who do much of the work. With a full staff of attorneys, we have the ability to take on large, complex cases. Our lawyers do their own work rather than shuffle it off to paralegals and support staff.
- Does the firm try cases for other lawyers?
- Many lawyers take on medical malpractice cases only to refer them to another law firm that will try the case. We try our own cases. We also try medical malpractice cases for other law firms.
- Has the firm obtained favorable outcomes in cases similar to yours?
- You do not want to hire a lawyer who is learning on the job. Our law firm has a track record of favorable outcomes for our clients, including a $7.2 million judgment against Mercy Hospital, which at the time was the largest verdict for medical malpractice in Florida history.
Get Your Free Consultation And Medical Malpractice Case Evaluation
Our firm is here to help people who have nowhere else to turn and need powerful, experienced lawyers on their side. We offer a free initial consultation with no obligation so you can learn more about us and we can learn more about your injury. To set up your free consultation with one of our attorneys, please call us at 305-744-5888 or send us an email.