Medical Malpractice

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Medical Malpractice Attorneys in Miami, Florida

What is Medical Malpractice?

Medical Negligence or “malpractice” occurs when a physician or health care provider falls below the standard of care and either fails to do something that should have been done or does something that should not have been done which results in injury or death.


Patient getting blood pressure checked from a nurse

Doctors and other healthcare providers must follow certain standards when caring for patients. While a simple mistake is not enough to constitute negligence, a death or injury caused by the failure to provide reasonably appropriate or common standards of care or the failure to diagnose a detectable illness may be malpractice.

Baron & Herskowitz handles all types of medical malpractice cases including but not limited to those involving negligence by a doctor or physician, hospital, nurse, dentist or any other health care provider. We aggressively investigate and pursue claims for injuries and death arising out of:

  • Birth injuries (brachial plexus/Erb’s palsy)
  • Gynecological malpractice
  • Anesthesia injuries
  • Injuries related to oxygen deprivation

Our firm enjoys a reputation for our experience and the quality of representation in medical malpractice cases against doctors, hospitals, HMOs and other health care providers. We approach each case individually, providing the resources, knowledge and experience to achieve success on behalf of our clients. We handle medical malpractice cases throughout the state and have tried these lawsuits in many different jurisdictions throughout the state of Florida.

Birth Injuries

When injuries occur during the delivery of a baby, they are often catastrophic for the baby, the mother, or both. Interruption of the baby’s oxygen supply can cause brain damage leading to physical or mental impairment of the child. Our lawyers have extensive experience in representing families who are victims of malpractice during childbirth and the period immediately following delivery.

Brachial Plexus/Erb’s Palsy

Brachial Plexus injuries occurred during birth are almost always associated with the occurrence of “shoulder dystocia.” Shoulder dystocia occurs when one of the baby’s shoulders becomes lodged up against the mother’s pubic bone during delivery. There are specific maneuvers that must be followed in order to deliver the baby without injury.

When the doctor or nurses fail to follow these maneuvers, and the delivering health care provider (either doctor or nurse/midwife) exerts excess of lateral traction on the baby’s head and neck, the nerves of the baby’s brachial plexus and shoulder becomes stretched to the point of tearing. Our firm has handled numerous cases involving brachial plexus injuries.


Yes. You can sue for abuse or neglect in Florida if it resulted in the harm of the nursing home resident.

What can you sue the nursing home for? Simply, you’re able to sue for medical bills related to the injury, both bills that have already been incurred as well as future bills for doctor’s visits, surgeries, medicine, specialists, rehab and therapy. These are considered economic damages because they’re relatively easy to calculate. Non-economic damages, like pain and suffering, are harder to calculate. You’re also able to sue for these damages. Additionally, if a loved one died due to negligence or improper care, you could sue for wrongful death claims.

Surgical Errors and Mistakes

There are many types of surgical errors. They range from operating on the wrong portion of the body to failure to monitor a patient, or perforating an organ during a surgical procedure. While perforation may be in error, not all errors are below the standard of care. The medical negligence however, may occur in the failure to recognize the error in a timely manner.

Anesthesia Injuries

One of the most important elements of pre-surgical and surgical care is the administration and monitoring of anesthesia. Whether general, local, spinal or epidural, anesthesia requires great skill and contains great risks for the patient. Anesthesiologists and certified nurse anesthetics (CRNA) must comply with the standard of care and when there are deviations from the standards of care it is medical malpractice.

Contact a Miami Medical Malpractice Lawyer

If you or someone you love has been seriously injured by medical malpractice, you should contact the medical malpractice attorneys at Baron & Herskowitz. Our lawyers have extensive experience in medical malpractice claims and are not afraid to challenge large hospitals and their insurance companies.

Medical mistakes can cause permanent, debilitating injuries and can cost a patient his or her life. At Baron & Herskowitz, we work tirelessly to get these patients and their families the maximum amount of compensation for their injuries. To schedule a consultation with an attorney at our firm, please contact us today.

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