It's a painful position to be in: you trusted a doctor or a hospital with your health, and you came out of it worse because of a mistake. A lot of people hesitate even to ask whether something went wrong, because it can feel like second-guessing the very people who were supposed to help. But you're allowed to ask, and getting a clear, honest answer is often the first step toward figuring out what happened and what to do next.

What Counts as Medical Malpractice?

Not every bad medical outcome is malpractice. Medicine involves risk, and even careful providers cannot guarantee results. Malpractice occurs when a provider deviates from the accepted standard of care, meaning what a reasonably careful provider in the same field would have done, and that deviation causes an injury the patient would not otherwise have suffered.

Common Types of Medical Malpractice

We handle a broad range of medical negligence claims, including:

• Misdiagnosis or delayed diagnosis of cancer, stroke, heart attack, and other serious conditions
• Surgical errors, including wrong-site surgery and retained instruments
• Anesthesia and medication errors
• Birth injuries from negligent prenatal or delivery care
• Hospital-acquired infections and nursing home neglect

Proving a Medical Malpractice Claim in Florida

To succeed, you must show that the provider deviated from the accepted standard of care and that this caused your injury, which almost always requires testimony from a qualified medical expert in the relevant specialty. Florida also requires a detailed pre-suit process before a lawsuit can be filed, including a formal notice of intent and a corroborating written medical opinion. Strict deadlines apply, and this process takes time, so it is important not to wait to seek legal advice.

Compensation in a Medical Malpractice Case

Patients and families may be entitled to compensation for past and future medical expenses, lost income and earning capacity, pain and suffering, and the cost of long-term care. In cases where a patient dies, Florida's wrongful death laws allow additional damages, though the state places specific restrictions on non-economic damages in medical malpractice wrongful death cases depending on which survivors are involved. We can walk you through exactly what applies to your situation.

A Trial Firm for Complex Cases

Few cases in Florida are as complex or as heavily defended as medical malpractice. Our founders, trial lawyers Todd Poses and Adam Boumel, take them on with qualified medical experts, a careful, evidence-driven approach, and a readiness to try the case if that is what it takes. Most notably, we recovered $38 million in a medical negligence case. You work with the attorneys handling your case, and we fight for the best result the facts will support.

Contact the Medical Malpractice Attorneys at Poses Boumel Today

It costs nothing to talk to us. Poses Boumel represents injured people and families throughout Florida from our office in downtown Miami, and we serve clients in English and Spanish. Call 305-577-0200 during our listed office hours or leave a message any time, or reach us through the contact form on our website. Your consultation is free and confidential, with no obligation.