Medical Malpractice Attorney in Florida
Medical malpractice cases in Florida require pre-suit investigation and in-depth knowledge of the state’s malpractice laws. The dedicated Florida medical malpractice attorneys at Freedland Harwin Valori Gander have recovered more than $2.6 billion in settlements and verdicts for clients. We help clients pursue economic, non-economic, and punitive damages using more than 20 years of experience advocating for victims of medical malpractice and doctor negligence.
Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin
- Content last updated on:
- September 26, 2024
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Seeking medical care means placing your trust in a health care professional. When that professional, or the medical system, betrays that trust, you have the right to take legal action. A medical malpractice lawsuit can help you regain some of what you lost and sends a message that medical mistakes and poor decision-making will not be tolerated.
In Florida, medical malpractice has complex legal procedures, including a pre-suit process to screen for frivolous claims. It helps to have a team of experienced Florida medical malpractice attorneys on your side.
Freedland Harwin Valori Gander has recovered over $2.6 billion in settlements and verdicts for victims of medical malpractice. We can stand up to drug companies, doctors, and multiple defendants in helping you pursue justice.
In addition to our wealth of experience representing the victims of medical malpractice, our lawyers also have experience on the other side, defending medical providers and their insurance companies. This gives us a unique perspective when fighting for our clients.
Our proven track record of results shows we have the experience, resources, and fortitude to take on the biggest corporations and insurers. Contact a medical malpractice lawyer today for a free consultation.
Understanding Medical Malpractice in Florida
Medical malpractice occurs when a health care professional provides negligent care, causing harm to the patient.
In Florida, you must file suit within two years of the negligent treatment. If the harm was not readily apparent, you have two years from when you discovered or should have discovered the harm. However, you cannot file a lawsuit more than four years after the incident, even if you did not discover the error or omission until later.
Florida has imposed a pre-suit process for malpractice suits under Florida statute 766.203. Before filing a medical negligence lawsuit, you must conduct a reasonable investigation to establish a good faith belief that medical negligence occurred. This pre-suit investigation is necessary—-your lawsuit cannot proceed without it.
The pre-suit investigation typically involves obtaining a written opinion from an expert, known as a “pre-suit expert affidavit,” stating that the defendant breached the standard of care.
Once the investigation is complete, you must notify the defendant of your intent to sue at least 90 days before filing suit.
At Freedland Harwin Valori Gander, we conduct in-depth investigations using the firm’s more than 20 years of experience helping victims of medical malpractice. Our Florida medical malpractice attorneys have a network of qualified doctors, nurses, and other experts to shed light on what happened in your case. We often call upon an expert witness to file an affidavit affirming that the defendant deviated from the standard of care in your case.
A medical malpractice lawsuit in Florida might involve several stages, such as binding arbitration, negotiation, or trial by jury. Our team includes some of the top medical malpractice lawyers in Florida. Freedland Harwin Valori Gander has lawyers who have worked on the other side of medical malpractice claims, so we know how to be your legal advocates. Contact us to see how we can help you.
Why Hire Our Florida Medical Malpractice Lawyers?
Our team of passionate medical malpractice lawyers in Florida has proven time and time again that we always advocate for victims of negligence with strong devotion. We have helped thousands of people, securing over $2.6 billion in client settlements and verdicts.
Some highlight medical malpractice case results include the following:
- $24.5 Million Medical Malpractice Verdict -Damages Jury Verdict on behalf of the family of a 34 year old woman who bled to death during childbirth. With the assistance of top experts, we were able to demonstrate that doctors did not follow proper safety protocols forcing the defendants to admit liability shortly before trial.
- $20.2 Million Medical Malpractice Verdict – Jury Verdict on behalf of the family of a 54-year-old man who died in the hospital due to narcotic overdose and lack of monitoring. FHVG was able to prove this doctor failed to take proper precautions, ask the right questions, and it cost a father and husband his life.
- $10 Million Medical Malpractice Settlement – A settlement on behalf of a middle aged man who suffered a brain injury. With the assistance of top experts, we were able to demonstrate that his doctors did not follow proper safety protocols, which would have prevented the injury.
- $6.5 Million Medical Malpractice Settlement – A wrongful death settlement on behalf of a family who lost their husband/father who died as a result of being overprescribed pain medication causing him to suffer cardiopulmonary arrest.
JURY VERDICT
$24.5 Million
MEDICAL MALPRACTICE
Damages Jury Verdict on behalf of the family of a 34 year old woman who bled to death during childbirth. With the assistance of top experts, we were able to demonstrate that doctors did not follow proper safety protocols forcing the defendants to admit liability shortly before trial.
Attorneys on Case
JURY VERDICT
$20.2 Million
MEDICAL MALPRACTICE - WRONGFUL DEATH
Jury Verdict on behalf of the family of a 54 year old man who died in the hospital due to narcotic overdose and lack of monitoring. FHVG was able to prove this doctor failed to take proper precautions, ask the right questions, and it cost a father and husband his life.
Attorneys on Case
SETTLEMENT
$10 Million
MEDICAL MALPRACTICE
A settlement on behalf of a middle aged man who suffered a brain injury. With the assistance of top experts, we were able to demonstrate that his doctors did not follow proper safety protocols, which would have prevented the injury.
Attorneys on Case
SETTLEMENT
$6.5 Million
Medical Malpractice-Settlement
A settlement on behalf of a family who lost their husband/father who died as a result of being overprescribed pain medication causing him to suffer cardiopulmonary arrest.
Attorneys on Case
What Our Clients Have to Say
“FHVG handled my medical malpractice case. they were kind, compassionate, always answered questions, concerned & did the very best for all involved. I couldn’t have had attorneys with more expertise than them! I am grateful for all they did throughout the entire process. I would encourage anyone needing attorneys for these types of claims to contact Freedland, Harwin, Valori and Gander because you will be very glad you did! They are truly the best!” – Rhonda Lowe, Google
“Several heavily advertised “big” firms for MedMal thought our case was too weak. Dan Harwin and colleagues were ready, unbelievably thorough and relentless, and our settlement was 60% higher than their original estimate. Fierce advocates and continued friends after all has been said and done.” – Daniel Callahan, Google
“I have known Dan Harwin for over ten years. He is a very talented and hard working trial lawyer who has a track record of winning cases for his clients. I frequently refer him cases because I know he will do a great job. He is honest and a joy to work with. I recommend Dan highly and consider him to be one of the very best medical malpractice lawyers in the country.” – Spencer Aronfeld
Types of Medical Malpractice Cases in Florida
Medical malpractice can occur when a professional’s actions fall below the standard of care, leading to errors and omissions. Understanding these common types of medical malpractice cases is vital. The potential causes of action in a Florida medical malpractice lawsuit are numerous.
Some common examples of medical malpractice are:
- Anesthesia errors
- Birth injury
- C-section injury
- Emergency room mistakes
- Failure to diagnose and treat breast cancer
- Failure to diagnose and treat cancer
- Failure or delay in diagnosis of sepsis
- Failure to diagnose or treat aortic dissection
- Failure to diagnose pneumonia
- Hospital malpractice
- Intravenous infiltration
- Medication and prescription errors
- Medication overdose
- Misdiagnosis
- PACU errors
- Plastic surgery errors
- Preoperative clearance error
- Psychiatric malpractice
- Radiology errors
- Spine injury
- Spine surgery mistakes
- Surgery center errors
- Surgical errors
- Stillbirth Malpractice
- Wrongful death
These cases require an in-depth understanding of Florida law and access to medical experts who can offer an informed perspective on the medical professional’s actions. Freedland Harwin Valori Gander offers both.
Compensation for Florida Medical Malpractice Victims
The compensation you can receive for medical malpractice depends on the severity of your injuries. It also depends on how the incident has affected your life, such as your ability to work and earn a living. Your ongoing medical needs, pain and suffering, and the severity of the defendant’s actions also affect how a court decides compensation.
The law divides compensation into economic and non-economic damages.
Economic damages are your financial losses caused by the practitioner’s negligence, which include:
- Past and future medical expenses
- Lost wages
- Loss of future earning capacity
Non-economic damages are your harder-to-quantify impacts on your life, including the following:
- Pain and suffering
- Emotional distress
- Loss of consortium and companionship
Punitive damages are available in limited cases of gross negligence or intentional misconduct under Florida statute 768.72. As the word punitive suggests, these damage awards are meant to punish the defendants for particularly bad behavior. Punitive damages cannot be more than three times the amount of compensatory damages or $500,000, according to Florida statute 768.73.
The Florida medical malpractice lawyers at Freedland Harwin Valori Gander can tell you what your case might be worth. Contact us today for a free consultation.
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ALL FIELDS REQUIRED
RELATED PAGES
- BIRTH INJURY
- ER NEGLIGENCE
- FAILURE OR DELAY IN DIAGNOSIS OF SEPSIS
- FAILURE TO DIAGNOSE BREAST CANCER
- FAILURE TO DIAGNOSE HEART ATTACK
- FAILURE TO DIAGNOSE OR TREAT AORTIC DISSECTION
- FAILURE TO DIAGNOSE PULMONARY EMBOLISM
- FAILURE TO TREAT STROKE
- HOSPITAL MALPRACTICE
- INTRAVENOUS INFILTRATION
- MEDICATION ERRORS
- MEDICATION OVERDOSE
- MISDIAGNOSIS MALPRACTICE
- OB/GYN MALPRACTICE
- PEDIATRIC MALPRACTICE
- PLASTIC SURGERY ERRORS
- PREOPERATIVE CLEARANCE ERROR
- RADIOLOGY ERRORS
- SPINE SURGERY MISTAKES
- SURGICAL ERROR
- VETTING A DOCTOR BEFORE SURGERY
- WRONGFUL DEATH
CASE RESULTS
$24.5 Million
MEDICAL MALPRACTICE
JURY VERDICT
Damages Jury Verdict on behalf of the family of a 34-year-old woman who bled to death during childbirth. With the assistance of top experts, we were able to demonstrate that doctors did not follow proper safety protocols, forcing the defendants to admit liability shortly before trial.
$12.2 Million
PHARMACEUTICAL LIABILITY
SETTLEMENT
A settlement won on behalf of the family of a 47 year old woman whose death resulted from the use of a dangerous pharmaceutical drug. We proved the manufacturer knew of the dangerous side effects & did not provide proper warning.
$10 Million
BIRTH INJURY
SETTLEMENT
A settlement on behalf of a child who suffered a brain injury as a result of oxygen deprivation during birth. Through years of tactical and technical litigation, we were able to prove that the nurses and physicians both failed to intervene and prevent the brain injury.
$1.2 Million
MOTOR VEHICLE ACCIDENT
SETTLEMENT
A settlement on behalf of a middle-aged man who was read ended by a waste management truck.
$1.5 Million
NURSING HOME NEGLIGENCE
SETTLEMENT
A settlement on behalf of the family of an elderly man who died as a result of being neglected and uncared for by a nursing home.
TESTIMONIALS
I met Dan when I was in therapy and he came and right away it felt like a family member visiting you, a connection, like a brother. He’s been on both sides of the fence. He’s represented the hospitals and the doctors, and then he jumped over to the other side. It is a fantastic group, it was like Bell Belichick leading the team. They changed my life and still check on me. I recommend FHV to anybody and they thank me.
LARRY
I met Dan about a year ago. He never made me feel that it was about the money. When he spoke with me he was asking how Bill (my brother) was and if he was doing better. He made me feel like family and always asked if I was alright. That means a lot. Everyday is something new and I challenge for my brother. I would recommend [FHV] to everybody because I really believe that they’re helping from their hearts… from a really good place.
BILL
For anyone to represent anyone for 5 years and take the time to do it, not once just “get it out of the way” and “get it done with”. It was about what was best for Hunter and our family. It was about the case and the people.
ASHLEY
999 Ponce De Leon Blvd
Suite 1030
Coral Gables, FL 33134
Frequently Asked Questions About Medical Malpractice
Here are answers to a few more questions you might have about a medical malpractice case in Florida.
Medical Malpractice FAQ Videos
What Is the Average Duration of a Medical Malpractice Case in Florida?
Florida courts set a guideline of 18 months for a civil jury trial, from initial filing to conclusion. However, this is just a guideline. The courts also mandate that lawyers have reasonable time to present their cases. Therefore, your case might take months or years.
The duration of medical malpractice cases in Florida can vary significantly. It is best to work with a knowledgeable medical malpractice lawyer to keep your case moving reasonably.
Can I File a Medical Malpractice Claim if the Doctor Acted in Good Faith?
A valid medical malpractice claim requires that the doctor failed to meet the standard of care. If you believe you have experienced medical malpractice, you have the right to sue the doctor for medical malpractice, even if the doctor acted in good faith.
If I Signed a Consent Form Before the Procedure, Can I Still Sue?
Even if you signed a consent form, the medical professional must meet the standard of care. If they do not meet the standard of care, you can still sue for medical malpractice.
Contacting a Florida Medical Malpractice Attorney
Freedland Harwin Valori Gander provides compassionate and passionate representation to our clients. Our attorneys are aggressive and employ all resources available to ensure that you receive the maximum recovery.
To learn how our medical negligence lawyers in Florida can help you, contact us today for a free consultation. Freedland Harwin Valori Gander has a medical malpractice law firm in Fort Lauderdale and another in Coral Gables, Florida.