Miami Medical Malpractice Lawyer – Fighting for Patients' Rights and Justice

When Medical Care Goes Wrong in Miami, We’re Here to Make It Right

At Rafaeli Law PLLC, we understand that you place immense trust in doctors, hospitals, and healthcare providers. When that trust is broken due to negligence or substandard care, the consequences can be devastating. Our experienced Miami medical malpractice lawyers are here to help you take legal action when medical mistakes cause serious injuries or even wrongful death.

We offer free consultations and handle all malpractice claims on a contingency basis, meaning you don’t pay unless we win. If you or a loved one suffered due to medical negligence in Miami, call us at 954-365-5639.

What Is Medical Malpractice in Florida?

Medical malpractice happens when a doctor, nurse, hospital, or healthcare provider causes harm to a patient by failing to follow the accepted standard of care. In legal terms, you may have a claim if:

A provider-patient relationship existed
The provider was negligent
That negligence caused an injury

Not every poor outcome is malpractice, but when avoidable mistakes occur and those mistakes result in harm, you may be entitled to compensation. Learn more about how malpractice fits within broader personal injury law or view specific incidents like wrongful death tied to medical errors.

Common Types of Medical Malpractice in Miami

South Florida hospitals and clinics treat thousands of patients daily. Unfortunately, errors happen more often than you might think. Some common malpractice cases we handle include:

Misdiagnosis or Delayed Diagnosis: Conditions like cancer, stroke, or heart disease must be caught early. Misreading test results or ignoring symptoms can delay lifesaving treatment.
Surgical Errors: Wrong-site surgeries, anesthesia mistakes, or instruments left in the body can lead to permanent injury.
Medication Errors: Incorrect dosage, dangerous drug interactions, or pharmacy mix-ups can have fatal consequences.
Birth Injuries: Poor decisions during labor can cause brain damage, cerebral palsy, or nerve damage to newborns.
Emergency Room Mistakes: Miami’s busy ERs are prone to rushing, miscommunication, or inadequate triage.
Hospital-Acquired Infections: Unsanitary conditions or negligent post-surgical care can lead to serious infections.

In 2022 alone, the Florida Office of Insurance Regulation reported over 1,600 paid medical malpractice claims statewide, with Miami-Dade among the leading counties for reported incidents. Our Miami hospital negligence lawyers are experienced in holding facilities accountable. If your case involves childbirth complications, see our dedicated birth injuries page for more.

Florida Medical Malpractice Law: Key Things to Know

Understanding your rights in a Florida malpractice case is crucial. Florida has specific rules and procedures that must be followed:

Statute of Limitations – You generally have two years from when the injury is discovered (or should have been discovered) to file a claim, but no more than four years from the actual incident. There are exceptions for fraud or minors.
Pre-Suit Investigation – Before suing, your attorney must conduct a detailed investigation and obtain an expert affidavit confirming that malpractice likely occurred.
Damage Caps – Florida used to cap non-economic damages, but in 2017, the state’s Supreme Court ruled these limits unconstitutional in most cases. That means victims may now recover full compensation for pain and suffering.
Comparative Negligence – Even if the patient is partially at fault (e.g., by not following instructions), they can still recover damages, reduced by their percentage of fault.
Sovereign Immunity – If you’re suing a public hospital or government-employed provider, special notice and claim deadlines apply. These cases also have damage caps.

Need help understanding timelines? Review our guide to legal disclaimers and consult directly through our contact page.

What Compensation Can You Recover in a Malpractice Lawsuit?

A successful claim may include:

Medical expenses for corrective treatments, rehab, or future care
Lost income and reduced earning ability
Pain and suffering, emotional trauma, or loss of enjoyment of life
Wrongful death damages if a loved one dies due to malpractice

In egregious cases, punitive damages may be awarded to punish reckless behavior, like performing procedures under the influence or falsifying records. Learn how we’ve secured results for others by reading our case results.

Miami Medical Malpractice Snapshot

Category	Details
County with the Highest Malpractice Claims in FL	Miami-Dade County
Average Medical Malpractice Payout in FL (2022)	$306,000+ per claim
Top Hospital by Lawsuits	Jackson Memorial Hospital
Top Malpractice Types in Miami	Misdiagnosis, Surgery Errors, Medication Mistakes
Most Common Affected Departments	Emergency Rooms, OB/GYN, Internal Medicine
Leading Cause of Claims Nationwide	Diagnostic errors (33% of all cases)
Claim Filing Deadline in Florida	2 years (with some exceptions)

How to Prove Medical Malpractice in Miami

Winning a malpractice case requires strong evidence and expert support. At Rafaeli Law, we focus on proving four essential elements:

Duty of Care: Show that the provider owed a professional duty.
Breach: Prove they deviated from accepted medical standards.
Causation: Link that breaches directly to your injury.
Damages: Demonstrate physical, financial, or emotional harm.

Our team partners with top medical experts, conducts in-depth reviews of records, and consults with specialists to build a rock-solid case.

What to Do If You Suspect Malpractice

Act quickly and follow these steps:

Get a second opinion to protect your health.
Request all medical records before they’re altered or lost.
Document everything: symptoms, costs, names of doctors.
Avoid discussing your case on social media.
Call an experienced Miami malpractice lawyer immediately.

Not sure where to start? Our blog covers real case insights and step-by-step legal guidance. You can also request help directly from our Miami office location.

Why Choose Rafaeli Law PLLC as Your Personal Injury Lawyer

We’re not just another law firm. We are trusted Miami trial attorneys with a reputation for personal service and powerful results.

Medical knowledge + legal expertise: Our attorneys understand both the science and the statutes. This dual insight strengthens every argument we make on your behalf.
Aggressive case-building: We invest in top experts and fight every step. Our proactive investigations have led to high-value verdicts for clients.
Local advantage: We know Miami hospitals, insurers, and courts. This familiarity helps us anticipate strategies and tailor your case accordingly.
Client-first approach: You get updates, answers, and empathy. We respond promptly, treat you like family, and keep your goals at the center.
Contingency fee promise: No fees unless we win. You can pursue justice with zero financial risk upfront.

Real Stats: Medical Malpractice in Miami-Dade County

To understand the legal risks in high-volume hospitals, visit our hospital negligence page.

Miami-Dade leads the state in malpractice insurance payouts, averaging over $70 million annually.
Jackson Memorial Hospital, one of Florida’s largest public hospitals, has faced dozens of malpractice suits in the last decade.
National studies estimate medical error is the third leading cause of death in the U.S., behind heart disease and cancer.

Areas of Malpractice We Handle

Our practice covers a wide range of serious injury claims. If your incident occurred during travel, our boating and cruise ship injury page may also apply. For property-related medical errors, view premises liability.

Birth Injuries: Brachial plexus injuries, fetal distress, failure to perform C-section
Surgical Errors: Wrong patient, wrong site, post-op complications
Misdiagnosis: Cancer, stroke, infections, or cardiac issues
Medication Errors: Allergic reactions, overdose, adverse interactions
Hospital Negligence: Falls, infections, inadequate staffing

Schedule a Free & Confidential Case Evaluation

If you suspect medical negligence caused harm to you or a loved one, don’t wait. Evidence fades, and legal deadlines apply.

Call 954-365-5639 or contact us online for a free case review. We proudly serve clients throughout Miami-Dade County, including Kendall, Hialeah Gardens, and surrounding areas.

Testimonials

What Our Clients Are Saying

Hear from the clients who trusted us to fight for their justice—and found peace, resolution, and results.

Rafaeli Law is top-notch! From the very first call, their team was professional, responsive, and clearly knew what they were doing. They didn’t waste any time — they moved fast, kept me informed, and went after results with real determination. You can tell they’re go-getters who truly care about their clients. If you need a law firm that’s sharp, efficient, and fights for you, I highly recommend Rafaeli Law.

Maurice M.

Kerollos A.

Can't say enough good things about Rafaeli Law. Their team is incredibly professional, responsive, and genuinely committed to helping you through every step of the process. Their attention to detail and dedication to achieving the best possible outcome truly sets them apart. If you're looking for a trustworthy, knowledgeable, and results-driven legal team, Rafaeli Law is the place to go.

Heather H.

I had a great experience with Rafaeli Law after my car accident. They were professional, responsive and always made sure I understood each step of the process. A special thank you to Jindy - she was absolutely amazing. She was kind, patient and incredibly helpful every time I had questions or concerns. I highly recommend them to anyone who needs legal help after an accident.

Lorena Z.

Rafaeli Law, not only took the time to really listen to my situation but made me feel like they truly listened so they could understand and do the best they possibly could in asserting my case. In every step of the process they communicated with me. If I ever need a lawyer in the future I will be reaching out to them and will be recommending them to my friends and family.

Vanessa C.

FAQ

Frequently Asked Questions

1. How do I know if I have a valid malpractice claim in Miami?

You may have a case if a healthcare provider violated the standard of care, and that negligence caused significant harm or injury.

2. What is the average settlement for a malpractice claim in Florida?

According to state data, Florida malpractice settlements average over $306,000, but amounts vary widely based on injury severity and case details.

3. How long do I have to sue a doctor for malpractice in Miami?

Florida law gives you two years from discovering the injury, with a four-year cap from the incident unless fraud or concealment applies.

4. Can I sue Jackson Memorial Hospital or other public hospitals in Miami?

Yes, but cases involving public institutions fall under sovereign immunity, which includes notice requirements and capped damages.

5. What if I signed a consent form before treatment?

A consent form does not excuse negligence. If your provider still failed to meet medical standards, you may have a valid claim.

6. Can I file a claim for a misdiagnosis or delayed diagnosis?

Absolutely. Misdiagnosis is one of the most common grounds for malpractice lawsuits, especially for conditions like cancer, stroke, or heart disease.

7. Do I need a medical expert to file a malpractice case in Florida?

Yes. Florida law requires an expert witness affidavit confirming that malpractice likely occurred before a lawsuit can proceed.

8. What damages can I recover in a Miami malpractice lawsuit?

You may be eligible for compensation covering medical expenses, lost wages, emotional distress, pain and suffering, and, in rare cases, punitive damages.

Schedule a Consultation

Get a Free Consultation

If you are facing a personal injury or insurance dispute, Rafaeli Law PLLC is here to help. We are dedicated to protecting your rights and helping you secure the compensation you deserve.

1500 Weston Rd Suite 200, Weston, FL 33326

info@rafaelilaw.com

Open 24 hours