Miami Medical Malpractice Lawyer

Miami Medical Malpractice Lawyer

Every day, patients in Miami place their lives in the hands of doctors, nurses, and other medical professionals. Most receive proper care, but the results can be life-altering when that trust is broken. Medical malpractice includes more than just apparent mistakes. It can involve a delayed diagnosis, a missed infection, or a rushed decision in the ER. These moments of negligence may lead to long-term suffering, permanent disability, or even loss of life. If you’ve been harmed in one of these situations, a Miami medical malpractice lawyer can help you understand your rights and next steps. That’s where Hersh Kirtman Injury Law comes in.

Is Medical Malpractice Common in Miami?

Yes, medical malpractice is a serious and persistent issue in Miami. Medical professionals and facilities in one of Florida’s most densely populated cities operate under constant demand. 

How does it happen? It often stems from overworked staff, communication breakdowns, poor decision-making, and systemic failures in hospitals and clinics. These breakdowns in communication and institutional systems have been identified as significant contributors to patient injuries and adverse outcomes. 

Florida consistently ranks among the states with the highest malpractice claims, and Miami is a major contributor to that trend. As patient volume grows, so does the potential for costly and devastating medical mistakes.

The Elements of a Medical Malpractice Claim

Specific legal elements must be proven to bring a successful malpractice claim in Florida. These elements are critical and grounded in the statutory framework outlined in Florida Statutes Section 766.102, which governs professional negligence claims against healthcare providers. These elements include:

• Duty of care: A provider-patient relationship existed, creating a legal obligation for the healthcare provider to adhere to accepted medical standards.
• Breach of duty: The provider failed to act in accordance with the level of care, skill, and treatment recognized as acceptable and appropriate by reasonably prudent healthcare professionals in similar circumstances.
• Causation: The breach of that duty was the direct and proximate cause of the patient’s injury. This often requires expert medical testimony.
• Damages: The patient suffered actual harm, including physical injuries, emotional distress, additional medical expenses, lost income, or other measurable losses.

Holding Negligent Medical Providers Accountable

When medical professionals violate the standards of care, the consequences can be life-altering. Patients are left not only with physical and emotional trauma but also with financial burdens and a loss of trust in the healthcare system. Holding negligent providers accountable is essential to secure justice for victims and promote safer practices across Miami’s healthcare facilities.

By holding these professionals accountable:

• We help our clients recover meaningful compensation for their losses.
• We ensure their stories are heard, not buried in bureaucracy.
• We support the prevention of future harm by advocating for institutional accountability.

Pursuing justice in a medical malpractice case isn’t just about one individual—it’s about making Miami’s healthcare safer for everyone.

What Are Examples of Medical Malpractice in Miami?

Miami’s medical environment includes a wide range of facilities—from private offices and urgent care clinics to major hospitals and trauma centers. In this high-pressure, fast-paced healthcare system, negligent mistakes can and do happen. Below are some of the most common types of medical malpractice cases we encounter:

Medication Errors

Medical errors occur when patients receive the wrong drug, incorrect dosage, or a medication that interacts dangerously with another. Causes include incorrect labeling, failure to review the patient’s medical history, or mistakes made during transcription or administration. These errors can lead to serious side effects, allergic reactions, or worsened health conditions.

Anesthesia Errors

Errors involving anesthesia can cause permanent injuries or be fatal. These mistakes range from failing to monitor a patient’s vitals during surgery to giving too much or too little medication. Inadequate pre-operative screening or not recognizing allergies or contraindications can also result in severe complications like brain injury or cardiac arrest.

Birth Injuries

Medical malpractice during childbirth can harm both infants and mothers. Issues like failing to monitor fetal distress, delayed C-sections, improper use of forceps or vacuum extraction, and negligent prenatal care can lead to brain damage, cerebral palsy, or maternal hemorrhaging. These cases often involve complex liability between doctors, nurses, and hospital staff.

Surgical Errors

Mistakes in surgery are among the most catastrophic forms of malpractice. This includes operating on the wrong body part, leaving surgical tools inside the patient, or performing a procedure the patient didn’t consent to. Poor surgical planning, fatigue, and communication breakdowns in the operating room often play a role.

Emergency Room Errors

The ER is a high-risk zone for diagnostic and treatment errors. Patients may be misdiagnosed, given the wrong treatment, or discharged too early. With limited time and high patient volumes, providers sometimes fail to order necessary tests or ignore critical symptoms—leading to preventable medical crises.

Failure to Diagnose

Delayed or missed diagnoses can drastically reduce a patient’s chance of recovery. This commonly involves serious conditions like cancer, stroke, or heart attack. When providers overlook symptoms, fail to refer patients for testing, or misread lab results, the window for effective treatment may close.

Hospital Negligence

Hospitals can be liable for systemic failures that harm patients. These include unsafe staffing ratios, unsanitary conditions, lack of infection control, and inadequate training or supervision. These organizational issues can contribute to infections, bedsores, falls, and medication errors.

Poor Follow-up

Failure to follow up after treatment or testing often leads to worsening health. If a doctor doesn’t review lab results, fails to schedule needed follow-ups, or miscommunicates post-discharge care, patients may suffer from undetected complications or relapse.

Premature Discharge

Releasing a patient from the hospital before it is safe can result in severe setbacks or re-hospitalization. Often tied to insurance pressures or limited bed space, these discharges can cause untreated conditions to worsen and require more extensive intervention later on.

Michael Hersh

Founding Partner

A passionate advocate for injury victims, Michael transitioned from corporate law to fighting for individuals after a pivotal case defending an elderly couple. With over $100M in verdicts and settlements, he specializes in catastrophic injury and wrongful death cases, using his Trial Lawyers College training to powerfully tell clients’ stories.

Years of experience – Over 15 years
Elite Trial Advocate – Graduate, Trial Lawyers College
$35M Record Verdict – Catastrophic auto accident case

Learn More About Hospital Error Malpractice Claims

Hospital errors don’t just happen—they are often the result of preventable systemic issues. These include inadequate staff training, improper use or maintenance of equipment, failure to adhere to safety protocols, and medical personnel operating under excessive workloads. According to the National Library of Medicine, many of these errors are closely tied to communication failures and flawed processes within healthcare systems. 

These internal failures can impact every stage of patient care, from admission to discharge. Identifying whether the harm resulted from an individual’s negligence or a broader institutional problem is critical. Understanding this distinction allows us to build a targeted legal claim that reflects the full liability scope—holding providers and hospitals accountable when necessary.

Establishing Hospital Liability in Your Medical Malpractice Claim

Hospitals can be liable when systemic lapses or managerial negligence contribute to patient harm. This goes beyond individual medical errors and reflects an organizational failure to uphold safe care standards. A hospital’s duty includes ensuring that every department, process, and staff member aligns with accepted medical protocols.

Common grounds for hospital liability include:

• Employing negligent or underqualified staff: Hiring doctors, nurses, or technicians without proper credentials or background checks.
• Failing to enforce safety protocols: Ignoring or inadequately implementing procedures for infection control, equipment sterilization, or medication administration.
• Inadequate supervision and training: Allowing junior staff or trainees to operate unsupervised or without sufficient guidance.
• Overburdening medical personnel: Assigning too many patients to too few caregivers leads to rushed or incomplete care.
• Lack of communication systems: Inadequate handoff procedures or electronic record systems that result in missed information or treatment errors.

Damages You Can Recover After Medical Malpractice in Miami

Victims of medical malpractice in Miami may be entitled to pursue a wide range of damages that reflect the full impact of the harm they’ve endured. Compensation is not limited to medical bills—it also encompasses how the injury has changed your life, health, and future.

• Medical expenses: This includes past, current, and anticipated future costs such as hospital stays, surgeries, rehabilitation, prescription medications, and assistive devices.
• Lost income: If your injuries have affected your ability to work temporarily or permanently, you may recover compensation for missed wages and loss of future earning capacity.
• Pain and suffering: These damages account for the physical pain, emotional trauma, anxiety, and distress you’ve experienced as a result of negligent medical care.
• Loss of enjoyment of life: When injuries limit your ability to engage in hobbies, activities, or daily functions you once enjoyed, this type of non-economic damage reflects that diminished quality of life.
• Out-of-pocket costs: Expenses such as transportation to medical appointments, in-home care, and home modifications may also be included.

Why Medical Malpractice Claims Are Difficult to Bring

Medical malpractice claims are complex for several reasons, and each adds a layer of challenge for injured patients seeking justice:

• Strict legal prerequisites: In Florida, claimants must undergo a rigorous pre-suit process, including obtaining a verified written medical opinion from a qualified expert. This requirement adds time and complexity and must be completed before a lawsuit can be filed.
• Aggressive defense tactics: Hospitals, insurance companies, and healthcare providers often retain powerful legal teams. Their goal is to minimize liability and reduce payouts, which means they may challenge the validity of your claim at every step.
• Technical evidence and expert interpretation: Proving that a healthcare provider deviated from the accepted standard of care typically requires extensive review of complex medical records. Only with help from medical and legal professionals can these records be appropriately analyzed and explained to a jury.
• Emotional and psychological toll: Victims and their families often face a long, emotionally draining journey when pursuing a malpractice claim. Reliving the trauma through records, depositions, and testimony can be deeply distressing.

How Our Medical Malpractice Attorneys Can Help You Receive Compensation For Your Claim

We take a comprehensive, personalized approach to every medical malpractice case because no two situations are alike. We aim to relieve your pressure and ensure your case is as strong, clear, and actionable as possible.

• Case Evaluation: We start by thoroughly reviewing the facts of your situation, medical records, and any potential breaches in the standard of care. We determine if your experience qualifies as medical malpractice under Florida law.
• Expert Consultation: We work with trusted independent medical professionals who help us analyze records and offer reliable, objective opinions. Their insight is crucial in identifying where care went wrong and whether it directly caused your harm.
• Evidence Gathering: We compile a complete record of medical documentation, billing records, internal hospital communications (where applicable), and witness testimony to build a strong, fact-based claim.
• Pre-Suit Strategy and Negotiation: We fulfill Florida’s pre-suit investigation requirements and advocate for full compensation through aggressive negotiation, resolving your case when possible without the need for court.
• Trial Representation: If negotiations don’t result in fair compensation, we’re prepared to present your case in court, supported by experts and thoroughly documented evidence.

Why Choose Hersh Kirtman Injury Law for Your Medical Malpractice Claim?

Hersh Kirtman Injury Law focuses on representing individuals and families who have suffered life-changing harm due to medical negligence. We limit the number of cases we accept to dedicate our full attention to the people we serve, because real results come from real focus.

Our track record includes:

• Securing over $5 million in a hospital negligence case involving a child.
• Obtaining $3.7 million for a client injured due to medical misdiagnosis.
• Recovering $2.5 million in a wrongful death case tied to delayed treatment.
• Achieving favorable, confidential settlements for clients harmed by anesthesia errors, surgical mistakes, and emergency room failures.

Our practice areas related to medical malpractice include:

• Surgical and procedural negligence.
• Delayed or incorrect diagnosis.
• Hospital and emergency room errors.
• Medication and pharmacy mistakes.
• Obstetric injuries to mothers and infants.
• Improper discharge or lack of follow-up care.

We bring the resources, preparation, and courtroom readiness to see each case through to the end. When you work with us, you get more than legal representation—you get a partner committed to seeking justice. If you’re searching for a Miami medical malpractice lawyer, we’re here to help.

Speak With a Miami Medical Malpractice Lawyer Today

Don’t let silence be the end of your story. If you or someone you love has been harmed due to a medical provider’s negligence, don’t wait to seek the support you need. These situations can be overwhelming, but you don’t have to face them alone. Call Hersh Kirtman Injury Law to speak with a Miami medical malpractice lawyer and explore your legal options for recovery and justice.