Medical Malpractice Lawyer in Miami

Harmed by a medical error in Florida? The Altman Law Firm handles malpractice claims — misdiagnosis, surgical and… Free consultation: (305) 373-3730.

Overview

We specialize in permanent injuries and wrongful death resulting from medical negligence. We collaborate with top-tier medical experts to build irrefutable claims of negligence.

About these cases

When we seek medical care, we place immense trust in doctors, nurses, and healthcare facilities. Unfortunately, preventable errors can occur, leading to devastating consequences for patients and their families. Medical malpractice encompasses a wide range of negligence, including surgical errors, diagnostic failures, birth injuries, and nursing home neglect. At The Altman Law Firm, we understand the physical, emotional, and financial toll these incidents take on your life. Jeffrey S. Altman has over 25 years of experience guiding clients through complex personal injury matters. We handle every case on a contingency-fee basis, meaning you owe us nothing unless we recover compensation for you. Our goal is to help you navigate this difficult time with dignity and dedicated legal support.

How these cases work

Pursuing a medical malpractice claim in Florida involves a highly structured process. First, we conduct a comprehensive review of your medical history and the incident in question. Next, we gather necessary medical records and consult with healthcare professionals to obtain a verified affidavit, which is required before filing a lawsuit. We then initiate the mandatory pre-suit notice and investigation period, giving the defense an opportunity to evaluate the claim. If a fair resolution cannot be reached during this phase, we proceed with filing a formal lawsuit, entering the discovery phase, and preparing for mediation or trial. Throughout each step, The Altman Law Firm handles the legal burdens so you can focus on your recovery.

Frequently Asked Questions

Do I have a medical malpractice case if a doctor misdiagnosed my condition?

You may have a medical malpractice case if the misdiagnosis resulted from a failure to meet the accepted professional standard of care, causing you direct harm. Under Fla. Stat. § 766.102, a plaintiff must prove that the healthcare provider's actions represented a breach of the prevailing professional standard of care for that specific field. A simple mistake or an unfavorable medical outcome does not automatically constitute negligence. To determine if actionable negligence occurred during your diagnosis, Jeffrey S. Altman and the legal team at The Altman Law Firm can evaluate your medical records and consult with qualified medical practitioners to assess your potential claim.

What should I do if I suspect a surgical error or medical malpractice occurred?

If you suspect medical malpractice, you should take immediate steps to protect your health and your potential legal claim: 1. Seek immediate corrective medical attention from an independent physician to address your injuries. 2. Request copies of all relevant medical records and imaging. 3. Keep a detailed, dated journal of your symptoms and physical limitations. 4. Consult an attorney before discussing the matter with the hospital's risk management department. The Altman Law Firm can guide you through this complex process. Under Fla. Stat. § 766.106, Florida requires a rigorous pre-suit investigation before a lawsuit can even be filed, and Jeffrey S. Altman can assist in initiating this critical investigation.

What are the necessary steps to initiate a medical malpractice claim in Florida?

Initiating a medical malpractice claim in Florida requires navigating a complex pre-suit process mandated by Fla. Stat. § 766.106. The essential procedural steps include: 1. Conducting a thorough investigation and obtaining all relevant medical records. 2. Securing a written corroborating medical opinion from a qualifying medical practitioner confirming that negligence occurred. 3. Serving a formal Notice of Intent to Initiate Litigation to the prospective defendants. This triggers a mandatory 90-day settlement evaluation period before a lawsuit can be filed. The Altman Law Firm, led by Jeffrey S. Altman, guides injured patients through this rigorous statutory process to ensure compliance with all Florida legal requirements.

Do I have a medical malpractice case if my medical treatment had a poor outcome?

Not necessarily, as a poor medical outcome does not automatically equal malpractice. To have a viable case in Florida, you must prove that a healthcare provider breached the prevailing professional standard of care, directly causing your injury. Under Fla. Stat. § 766.102, the standard of care is defined as that level of care, skill, and treatment which, in light of all relevant circumstances, is recognized as acceptable and appropriate by reasonably prudent similar healthcare providers. The Altman Law Firm can help analyze your medical records to determine if negligence occurred. Contact Jeffrey S. Altman to discuss your situation and evaluate your legal options.

What does a medical malpractice claim require under Florida law?

A medical malpractice claim in Florida requires proving that a healthcare provider breached the prevailing professional standard of care, directly causing your injury. Under Fla. Stat. § 766.102, the standard of care is defined as that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar healthcare providers. Establishing this breach requires a thorough investigation and a written medical opinion from a qualifying medical practitioner before a lawsuit can even be filed. Jeffrey S. Altman and the legal team at The Altman Law Firm can help navigate these complex pre-suit requirements.

Is it too late to file a medical malpractice lawsuit in Florida?

Generally, yes, if too much time has passed. Under Fla. Stat. § 95.11(4)(c), the statute of limitations for medical malpractice in Florida is generally two years from the date the incident was or should have been discovered, with a maximum limit of four years from the date of the incident. There are exceptions, particularly for young children or in cases of fraudulent concealment. To determine if your claim is still viable, contact The Altman Law Firm. Jeffrey S. Altman can review your medical records and help you understand how these strict state deadlines apply to your specific situation before your time to seek justice expires.

Do I have a medical malpractice case if my child suffered a birth injury?

You may have a case if the birth injury resulted from a medical provider's failure to meet the accepted standard of care during pregnancy, labor, or delivery. Common actionable errors include delayed emergency C-sections and improper use of medical equipment. However, these cases require a thorough review of medical records by qualified medical professionals before a claim can be filed under Florida's strict pre-suit requirements (Fla. Stat. § 766.106). At The Altman Law Firm, Jeffrey S. Altman works to evaluate the circumstances of your child's injury to determine if negligent care was the direct cause.

What if I cannot afford to pay an attorney for my medical malpractice case?

You do not need to worry about upfront costs. The Altman Law Firm handles medical malpractice cases on a contingency fee basis. Under this arrangement, attorney's fees and litigation expenses are only paid if there is a successful recovery on your behalf. If there is no financial recovery, you do not owe any attorney's fees or costs. This structure ensures that injured patients have access to legal representation regardless of their financial situation. Jeffrey S. Altman is committed to evaluating your potential claim during a free, confidential initial consultation.

What is the legal standard for medical malpractice in Florida?

Medical malpractice occurs when a healthcare provider breaches the professional standard of care, causing injury or death. Under Fla. Stat. § 766.102, the prevailing professional standard of care is defined as that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar healthcare providers. To pursue a claim, you must demonstrate that this standard was violated and that the breach directly caused your injuries. The Altman Law Firm, led by Jeffrey S. Altman, evaluates these complex clinical details to build your case.

Who is responsible for nursing home neglect under Florida law?

Liability for nursing home neglect can fall on multiple parties, including the facility's owners, administrators, nursing staff, or third-party contractors. Under Fla. Stat. § 400.022, nursing home residents have a statutory bill of rights ensuring adequate healthcare and clean living conditions. If a facility fails to provide this, resulting in bedsores, falls, or malnutrition, the entity operating the home can be held legally accountable. Jeffrey S. Altman and the legal team at The Altman Law Firm investigate corporate structures and staffing records to identify all negligent parties responsible for your loved one's harm.

Who is responsible for medical malpractice if a surgical error occurs in a hospital?

Liability for a surgical error may extend to multiple parties depending on the facts of the procedure. Under Florida law, the attending surgeon, assisting medical staff, or the hospital itself may be held responsible. While surgeons are often independent contractors rather than hospital employees, hospitals can still face liability under theories of apparent agency or systemic negligence, such as failing to properly credential staff. To determine liability, The Altman Law Firm reviews surgical logs, hospital policies, and employment contracts. Jeffrey S. Altman can evaluate the specific details of your procedure to identify all potentially liable parties.

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