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 (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