What Is Medical Malpractice?
When you seek medical care in Miami, you place your health — and your trust — in the hands of doctors, nurses, surgeons, and hospitals. Most of the time, that trust is well placed. But when a healthcare provider fails to meet the accepted standard of care and a patient is harmed as a result, it may be medical malpractice.
Medical malpractice occurs when a doctor, nurse, hospital, or other healthcare provider acts negligently — doing something a reasonably careful provider would not do, or failing to do something a reasonably careful provider would do — and that negligence causes injury or death. Not every poor medical outcome is malpractice: medicine involves judgment calls and known risks. A valid claim generally requires showing that the provider’s care fell below the accepted standard and directly caused the harm.
Common Examples of Medical Malpractice
Medical negligence can take many forms, including:
- Surgical errors — operating on the wrong body part, leaving surgical instruments inside the patient, or causing preventable damage to surrounding tissue.
- Misdiagnosis or delayed diagnosis — failing to diagnose cancer, heart attack, stroke, or infection in time for effective treatment.
- Birth injuries — improper use of forceps or vacuum extractors, failure to order a timely C-section, or failure to respond to signs of fetal distress.
- Medication errors — prescribing the wrong drug or dosage, or overlooking dangerous drug interactions.
- Anesthesia errors — administering too much or too little anesthesia, or failing to properly monitor a patient under sedation.
Florida’s Pre-Suit Requirements: Chapter 766
Florida law (Chapter 766) sets special rules for medical malpractice claims. Before a lawsuit can be filed, the injured patient must generally complete a pre-suit process: serving a Notice of Intent on each prospective defendant and obtaining a verified expert affidavit from a qualified medical expert stating that there are reasonable grounds to believe malpractice occurred. The defendants then have a statutory period to evaluate the claim before a lawsuit may proceed.
Florida also imposes a strict 2-year statute of limitations for most medical malpractice actions, generally running from the date the injury was discovered or should have been discovered. Missing the pre-suit steps or the filing deadline can permanently bar a claim — which is why acting quickly matters.
What to Do If You Suspect Medical Malpractice
If you believe a medical error harmed you or a loved one:
- Request complete copies of your medical records as soon as possible.
- Write down what happened — dates, providers, symptoms, and conversations — while details are fresh.
- Avoid giving recorded statements to the provider’s insurer before getting legal advice.
- Contact a Miami personal injury lawyer promptly so the pre-suit investigation and deadlines can be addressed.
Why Choose Tacher Law
Tacher Law brings over 40 years of experience representing injured people in Miami and throughout South Florida. Our firm is bilingual (English/Spanish), offers a free consultation, and handles medical malpractice cases on a contingency-fee basis — you pay no fees unless we win. Every case is different, and past results do not guarantee future outcomes.
Contact Our Miami Medical Malpractice Lawyer Today
If you suspect medical malpractice, contact Tacher Law today. Call +1 (305) 644-2211 or reach out through our contact page to schedule your free consultation. In tragic cases where negligence causes a death, families may also have a wrongful death claim.
Tacher Law
16445 Collins Avenue, Suite 1625
Sunny Isles Beach, FL 33160
Frequently Asked Questions
What is required to file a medical malpractice lawsuit in Florida?
Florida Chapter 766 requires a pre-suit process before you can file. Your attorney must obtain a verified written medical expert opinion stating there are reasonable grounds to believe negligence occurred, then serve the providers with a notice of intent to sue. That triggers a 90-day period for inspection, informal discovery, and potential settlement before any lawsuit may be filed.
How long do I have to file a medical malpractice claim in Florida?
Generally two years from when you discovered — or should have discovered — the injury. Florida also has a four-year statute of repose that bars claims more than four years after the malpractice regardless of discovery, extended to seven years in cases of fraud, concealment, or misrepresentation, with special rules for minors. Because these deadlines interact in complex ways, get advice as soon as you suspect malpractice.
Is a bad medical outcome the same as malpractice?
No. Medicine carries inherent risks, and a poor result alone does not prove negligence. Malpractice requires showing the provider breached the prevailing professional standard of care — what a reasonably careful provider in the same specialty would have done — and that the breach caused your injury. That is why an independent medical expert’s review is the essential first step.
Are there caps on medical malpractice damages in Florida?
Currently, no. The Florida Supreme Court struck down the state’s caps on non-economic damages in medical malpractice cases, so there is no statutory ceiling on pain-and-suffering awards today. Economic damages such as medical bills and lost earnings were never capped. The legislature could revisit the issue, but as of now full damages are recoverable.
What happens during the pre-suit process?
After the notice of intent is served, both sides exchange records and expert opinions and may take unsworn statements during a 90-day inspection period. Many cases settle or are resolved during this phase without a lawsuit ever being filed. If the providers reject the claim, your attorney may then file suit. Tacher Law guides clients through every stage of this process — call (305) 644-2211 for a free, confidential review.
