Finding a good medical malpractice attorney in Miami requires more than searching for a general personal injury law firm. Medical malpractice cases are often complex. The injured person or family member should confirm that the attorney is eligible to practice in Florida, has proven experience handling medical malpractice matters, works with qualified medical professionals, and has the resources to prepare a complex case for litigation.
Panter, Panter & Sampedro also recommends reviewing an attorney’s qualifications, including board certification, relevant case history, trial experience, communication practices, and written fee agreement, before selecting legal representation. These questions can be addressed during a free consultation.
In this article:
- Why Are Medical Malpractice Cases Different From Other Injury Claims?
- What Questions Should Someone Ask During a Medical Malpractice Consultation?
- What Medical Malpractice Results Has Panter, Panter & Sampedro Obtained?
- How Can Panter, Panter & Sampedro Review a Potential Medical Malpractice Case?
- FAQs
Why Are Medical Malpractice Cases Different From Other Injury Claims?
Medical malpractice cases differ from many other personal injury claims because Florida law imposes legal and procedural requirements that do not necessarily apply to other personal injury matters. Florida Statutes Chapter 766 addresses medical malpractice and related matters, including the standards of recovery in medical negligence actions, required presuit investigations, notice before filing, presuit screening and discovery, access to medical records, and the qualifications for medical expert testimony, just to name a few.
Because of Florida’s statutory requirements, it is particularly important to select an attorney who is experienced in medical malpractice matters. An attorney handling this type of claim may need to review extensive medical records, consult medical professionals who satisfy the applicable Florida qualifications, and evaluate whether the evidence supports a deviation from the prevailing professional standard of care that caused injury or death. The attorney must also determine whether the claim can satisfy Florida’s presuit and evidentiary requirements.
What Questions Should Someone Ask During a Medical Malpractice Consultation?
During a medical malpractice consultation, the attorney will ask for details regarding the incident. Additionally, prospective clients can ask questions of the attorney as well. These may include questions like:
- How many medical malpractice cases has the attorney personally handled?
- Has the attorney handled a claim involving a similar medical issue?
- How will I know if I have a case that qualifies for a medical malpractice claim?
- Who will oversee my case?
- How does the firm review medical records?
- How does the firm identify qualified medical professionals?
- Is the firm prepared to take the case to trial?
- How are attorney fees and case expenses handled?
What Should Someone Bring to a Medical Malpractice Consultation?
Before the consultation, it may help to organize:
- The names of the hospitals, doctors, and other providers involved
- Important treatment dates
- A brief timeline of what occurred
- Available medical records and test results
- Information about subsequent treatment
- Medical bills and related expenses
- Photographs or relevant communications
Even when complete records are not available, a basic timeline can help the attorney identify the providers, treatment decisions, potential injuries, and records that may require further investigation. A determination concerning medical negligence generally requires additional review and may require an opinion from a qualified medical professional.
Video: How Can Someone Find a Good Attorney for a Medical Malpractice Case?
David Sampedro, Partner of Panter, Panter & Sampedro, explains what to look for when hiring a medical malpractice attorney in Miami in this short video.
Embed the Panter, Panter & Sampedro YouTube Short here: https://www.youtube.com/shorts/nzGbHFATijg
Transcript – Expand/Collapse
My name is David Sampedro, and I am a board-certified civil trial attorney at the law firm of Panter, Panter, and Sampedro in Miami, Florida. So how can you find a good attorney to represent you in your medical malpractice case or medical malpractice claim? It’s an important question to ask because medical malpractice cases are very different than other types of negligence cases. Medical malpractice cases are governed by Chapter 766 of the Florida Statutes. And the reason that’s important is that it imposes several requirements that don’t exist in other areas of law. And quite frankly, you need to look for an attorney who has the experience and has had good, positive results in medical malpractice cases. They typically require for you to hire expert witnesses in various areas of medicine to be able to talk about a deviation in the standard of care and causation. These are all complicated issues, and you wanna make sure that you reach out to an attorney who has experience in medical malpractice cases.
What Medical Malpractice Results Has Panter, Panter & Sampedro Obtained?
For over 30 years, the attorneys at Panter, Panter & Sampedro have represented individuals and their families in a variety of personal injury matters, including complex medical malpractice cases. Examples of results include:
- Attorney David Sampedro secured an $11.9 million jury verdict in a medical malpractice case after an orthopedic surgeon negligently performed a total knee replacement, resulting in the amputation of the patient’s leg
- Panter, Panter & Sampedro obtained a $2 million presuit settlement in a failure-to-treat case after the treating providers failed to recognize the patient’s high risk for seizures and respiratory compromise, as well as failed to properly diagnose and treat her condition, which contributed to her death.
- Attorney David Sampedro helped secure a $1.725 million confidential medical negligence settlement for a patient who suffered life-altering injuries and long-term damages after a hospital’s emergency treating physicians and nursing staff failed to meet the applicable Florida standard of care.
- Attorney Brett Panter secured a $1.05 million medical malpractice settlement involving a Watchman heart procedure after the device was negligently deployed onto the patient’s mitral valve instead of the left atrial appendage, requiring emergency open-heart surgery, complex mitral valve repair, removal of the device, ICU care, and significant rehabilitation.
To view more cases, please visit our personal injury results page.
Please note that each case is different, and prior results do not guarantee or predict a similar outcome in another matter.
How Can Panter, Panter & Sampedro Review a Potential Medical Malpractice Case?
Selecting an attorney is an important decision after a patient has suffered a serious injury or death that may be connected to medical negligence. Florida’s medical malpractice requirements are very specific, making it imperative that individuals choose an attorney with knowledge and experience in this particular area of legal claims.
Panter, Panter & Sampedro offers free case reviews for injured patients and families in Miami and South Florida who want to discuss a potential claim.
No Recovery = No Fee
Call 305-662-6178 or visit the firm’s Contact page to request a case review.
Frequently Asked Questions About Choosing a Miami Medical Malpractice Attorney
How Can Someone Verify a Miami Medical Malpractice Attorney’s Credentials?
A prospective client can search the attorney’s name in The Florida Bar Lawyer Directory to confirm eligibility to practice, admission information, office location, and available disciplinary history. Any claim of board certification should also be checked to confirm the exact field in which the attorney is certified.
Who Should Attend the First Meeting With a Medical Malpractice Attorney?
The injured patient may attend with a spouse, adult child, or another trusted family member when appropriate. Having another person present may help with remembering dates, organizing records, and taking notes during the consultation.
The attorney may need the patient’s authorization before discussing protected medical information or accepting instructions from another person.
Can a Family Member Hire an Attorney if the Patient Cannot Make Legal Decisions?
The answer depends on the patient’s circumstances and whether the family member has recognized legal authority. A Miami medical malpractice attorney can review the situation and explain what documentation may be needed before representation begins.
Should Medical Records Be Requested Before Contacting an Attorney?
A prospective client does not need to wait until every medical record has been obtained before contacting a law firm. Available records, provider names, treatment dates, test results, and a written timeline may help the firm begin its preliminary review.
The attorney can explain which additional records may be needed and how the firm handles record requests if the matter moves forward.
