HCA Florida Mercy Hospital Malpractice Lawyers
Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin
- Content last updated on:
- November 15, 2024
Table of Contents
- Filing a Medical Malpractice Lawsuit Against HCA Florida Mercy Hospital
- How Long Do I Have to File a Medical Malpractice Claim Against HCA Florida Mercy Hospital?
- Standard of Care in Florida Medical Malpractice Claims
- What People Are Saying About HCA Florida Mercy Hospital
- Past Medical Malpractice Claims Against HCA Florida Mercy Hospital
- Our Miami Medical Malpractice Lawyers Can Help
HCA Florida Mercy Hospital is a 488-bed acute care facility in Miami. It has a 24/7 emergency room, a level 3 neonatal intensive care unit, and a full-service heart disease treatment program. The hospital is part of the HCA Florida Healthcare network and serves Miami-Dade County. It provides care in robotic surgery, heart and vascular care, orthopedic and spine care, and weight loss surgery.
Filing a Medical Malpractice Lawsuit Against HCA Florida Mercy Hospital
According to the Florida Office of Insurance Regulation, more than 150 medical malpractice claims have been filed against HCA Florida Mercy Hospital since 2002. Despite the hospital’s legal duty to provide patients with a reasonable standard of care, the history of malpractice suits—a fifth of which involved patient death—raises red flags about whether the facility consistently meets this duty.
Injured patients and their families might be eligible to sue for medical malpractice. If you or a loved one experienced medical malpractice at HCA Florida Mercy Hospital, Freedland Harwin Valori Gander can help you pursue justice and receive compensation for your suffering. Florida’s medical malpractice laws are complex, but you don’t have to navigate them alone. Our experienced Miami medical malpractice attorneys can evaluate your claim and guide you through the legal process.
How Long Do I Have to File a Medical Malpractice Claim Against HCA Florida Mercy Hospital?
Under Florida law, the statute of limitations for medical malpractice cases is two years from when the malpractice occurred or the injury was discovered. However, Florida also has a four-year statute of repose. That means you cannot sue more than four years after the health care provider made the error, even if you could not have discovered your injury any sooner. Florida law occasionally extends the statute of limitations if a health care provider used fraudulent methods to conceal your injury or if the injured person is a minor or incapacitated adult.
If you believe you or a loved one was the victim of malpractice, it is imperative to contact a law firm as soon as possible.
Standard of Care in Florida Medical Malpractice Claims
Florida law requires medical providers to operate under a “standard of care,” meaning the level of care, skill, and treatment recognized as acceptable and appropriate by similar providers. In cases of a provider’s negligence, a medical malpractice claim must prove that their actions represented a breach of their prevailing professional standard of care. If a patient’s injury resulted from negligent affirmative medical intervention, they must show that the injury was not within the necessary or foreseeable results of the intervention.
“So, for instance, in a failure to diagnose breast cancer case, if there is a mammogram and there is a mass that the radiologist should have seen—if a reasonable radiologist would have seen that in interpreting that film, that would be a deviation from the standard of care”
– Daniel Harwin, Managing Attorney
Under state law, the mere existence of a medical injury does not automatically create a presumption of negligence against a health care provider. Therefore, proving a breach of the accepted standard of care is crucial to a successful medical malpractice claim.
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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
TESTIMONIALS
999 Ponce De Leon Blvd
Suite 1030
Coral Gables, FL 33134
What People Are Saying About HCA Florida Mercy Hospital
Medicare rates HCA Florida Mercy Hospital as one star out of five overall and two stars based on patient surveys. The overall rating is based on how well a hospital performs across different areas, such as treating specific conditions, readmission rates, and the safety of care. In HCA Florida Mercy Hospital’s case, the largest issues concerned the safety of care and high readmission rates.
In surveys, hospital patients expressed many concerns with timeliness, staff knowledge, cleanliness, noise levels, and a lack of clear explanations of care. Additionally, Medicare reported that 11% of expecting mothers’ deliveries were scheduled weeks too early and unnecessary, compared to a national and state average of 2%. One person also reported going into respiratory failure after surgery.
Past Medical Malpractice Claims Against HCA Florida Mercy Hospital
According to the Office of Insurance Regulation claims database, more than 150 medical malpractice claims were filed against HCA Florida Mercy Hospital between 2002 and 2024. Thirty-three of the claims involved a patient’s death, and 13 of the cases resulted in settlements exceeding $1 million.
The largest settlement reported in the database was for $14 million in 2017 for a patient who suffered permanent neurological damage after giving birth at the hospital. The patient sought treatment for an intrauterine pregnancy. While in the post-partum unit, she experienced concerning symptoms but the nurses did not notify a physician. When the patient went into cardiac arrest and began seizing, it took an inordinate amount of time for her to be intubated and moved to the ICU, resulting in permanent brain damage.
In a separate incident, the hospital paid out a $45,000 settlement in 2014 to resolve allegations that it did not properly medically screen a 24-day-old baby in the emergency room. This inadequate care caused the baby to go into cardiac arrest just minutes after leaving the hospital.
Track Record of Success
Our Miami Medical Malpractice Lawyers Can Help
If you or a loved one has suffered harm from medical malpractice at HCA Florida Mercy Hospital, FHVG’s medical malpractice attorneys can help.
For over two decades, our firm has worked to protect the rights of malpractice victims in Florida and across the country, challenging large corporations and winning record-setting settlements. With offices in Fort Lauderdale and Coral Gables, our team has recovered more than $2.6 billion in compensation for our deserving clients.
Get started on your medical malpractice claim today with a free consultation by calling 954-467-6400 or completing our online contact form.
