When you place your health in the hands of a doctor, hospital, or other medical provider, you trust them to meet the accepted standard of care. Most do.
But when a preventable error causes a serious injury, the consequences can follow you and your family for the rest of your lives. You may have to deal with mounting medical bills, lost income, and lasting physical and emotional harm.
Florida law gives injured patients the right to hold negligent providers accountable, and the attorneys at Baron, Herskowitz & Cohen have spent decades helping Miami families do exactly that.
Medical malpractice claims are among the most complex and heavily regulated cases in Florida. They demand a thorough understanding of both medicine and the law, the resources to work with qualified medical experts, and the experience to navigate strict procedural rules.
Our firm brings all three. If you believe you or a loved one was harmed by substandard medical care, we offer a free, confidential consultation to review what happened and explain your options.
Not every bad medical outcome is malpractice. Medicine involves risk, and even careful, competent treatment can fail. To bring a valid claim in Florida, you generally must be able to prove four distinct elements. Our attorneys evaluate each one carefully before moving forward.
A provider-patient relationship existed:
You must show that the medical professional agreed to diagnose or treat you, creating a legal duty to provide competent care. This element is usually straightforward. It is established the moment a doctor begins treating you and it defines exactly who owed you a duty of care.
The provider failed to meet the standard of care:
The heart of any malpractice case is proving that the provider deviated from the accepted standard of care. ‘Accepted Standard of Care’ is what a reasonably prudent, similarly trained medical professional would have done under the same circumstances. Demonstrating this breach almost always requires testimony from a qualified medical expert in the same field.
That failure directly caused your injury:
It is not enough to show a mistake was made. You must connect the medical provider’s negligence to a specific injury, proving that the harm would not have occurred but for the error. Because patients are often already sick or injured, separating the underlying condition from the harm caused by negligence is frequently the most contested part of a case.
You suffered real, measurable damages:
Finally, the negligence must have resulted in real harm. This could mean additional medical treatment, lost wages, disability, pain and suffering, or other losses. Without demonstrable damages, there is no claim to pursue, no matter how clear the error.
