Medical professionals are held to a high standard of care — and when they fall short of that standard, patients can suffer life-altering injuries. If you or a family member was harmed by medical negligence at a Kendall-area hospital, clinic, or doctor's office, you may have a medical malpractice claim under Florida law.

Medical malpractice cases are among the most complex in personal injury law. They require expert medical testimony, a thorough pre-suit investigation, and an attorney with the experience and resources to take on large healthcare systems and their insurers. Juan Cordero Lawyers has handled medical negligence cases throughout Kendall and Miami-Dade County for over 26 years.

Medical malpractice occurs when a healthcare provider — a doctor, nurse, surgeon, anesthesiologist, hospital, or other provider — deviates from the accepted standard of care and that deviation causes injury or death to a patient.

The "standard of care" is what a reasonably competent healthcare provider in the same specialty would have done under the same or similar circumstances. It is established through expert testimony from qualified medical professionals.

To win a medical malpractice case in Florida, you must prove:

1. A duty of care existed — the provider had a doctor-patient relationship with you
2. The provider deviated from the standard of care — they did something a competent provider would not have done, or failed to do something a competent provider would have done
3. The deviation caused your injury — the breach of the standard of care directly caused the harm you suffered
4. You suffered damages — medical expenses, lost wages, pain and suffering, or other compensable losses

Our firm handles medical malpractice claims arising from a wide range of circumstances:

Surgical errors — Wrong-site surgery, leaving instruments inside the patient, nerve damage, and anesthesia errors are among the most serious surgical mistakes. Kendall's surgical centers and hospital operating rooms are the site of preventable surgical errors every year.

Misdiagnosis and delayed diagnosis — Failing to diagnose cancer, heart disease, stroke, or other serious conditions in a timely manner can allow the condition to progress to a point where treatment is less effective — or impossible. Misdiagnosis is one of the most common forms of medical malpractice.

Medication errors — Prescribing the wrong medication, the wrong dose, or failing to account for dangerous drug interactions can cause serious harm. These errors occur at every level of the healthcare system — from prescribing physicians to pharmacists.

Birth injuries — Oxygen deprivation during labor and delivery can cause hypoxic-ischemic encephalopathy (HIE) and other permanent brain injuries. Failure to perform a timely C-section, improper use of forceps or vacuum extractors, and failure to monitor fetal distress are common causes of birth injury claims.

Emergency room errors — Failure to triage appropriately, premature discharge, and missed diagnoses in the emergency room can have devastating consequences.

Hospital-acquired infections — Infections contracted during a hospital stay due to inadequate sanitation or infection control protocols can be life-threatening.

Florida has a mandatory pre-suit investigation process for medical malpractice claims (§766.106). Before filing a lawsuit, you must:

1. Conduct a pre-suit investigation — Your attorney must obtain and review all relevant medical records and consult with a qualified medical expert.
2. Obtain a corroborating expert opinion — A medical expert must provide a written opinion that there is a reasonable basis for the claim.
3. Serve a Notice of Intent to Initiate Litigation — This notice is served on all potential defendants, triggering a 90-day investigation period during which the defendant can investigate the claim and make a settlement offer.

This process adds time and complexity to medical malpractice cases — which is why it is critical to contact an attorney as soon as you suspect malpractice. The 2-year statute of limitations (from discovery) can run quickly.

If your medical malpractice claim is successful, you may be entitled to recover:

• Medical expenses — past and future costs of treating the injury caused by the malpractice
• Lost wages — income lost during recovery and future earning capacity if your injuries are permanent
• Pain and suffering — physical pain, emotional distress, and loss of enjoyment of life
• Permanent disability — compensation for lasting impairment
• Wrongful death damages — if the malpractice caused a loved one's death

Florida caps non-economic damages (pain and suffering) in medical malpractice cases in certain circumstances. An experienced attorney can advise you on how these caps may affect your case.

Florida's statute of limitations for medical malpractice is 2 years from the date you discovered or should have discovered the injury (§95.11(4)(b)). There is an absolute repose period of 4 years from the date of the negligent act — regardless of when you discovered the injury.

In cases involving fraud, concealment, or misrepresentation by the healthcare provider, the repose period may be extended to 7 years.

Do not wait. Contact us immediately if you suspect medical malpractice.

We have the experience, medical knowledge, and resources to handle complex medical malpractice cases against Kendall-area hospitals and healthcare providers. We work with qualified medical experts to build the strongest possible case on your behalf.

• Contingency fee — you pay nothing unless we win
• Bilingual — full service in English and Spanish
• Free, confidential consultation — call or text anytime

Call or text 24/7: 305.525.8957