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Miami Medical Malpractice Lawyers

Panter, Panter & Sampedro is a leading personal injury law firm dedicated to protecting Florida’s families. For over 30 years, our experienced trial attorneys have worked one-on-one with clients to successfully get the justice, recovery and compensation they deserve.

Medical Malpractice Attorneys Serving Miami & South Florida For More Than Three Decades

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Florida is ranked number 8 in the nation in terms of how many medical malpractice claims there are per capita. Floridians make frequent trips to hospitals and clinics. Not all of these trips end well, unfortunately. While doctors are licensed professionals, they make mistakes. Those errors can be dangerous to the point that they might be deadly.

At Panter, Panter & Sampedro, our Miami-based personal injury attorneys are well-versed in the process of litigating medical malpractice claims. That means that we know what it takes to win your case. Our attorneys are ready to help you fight for justice today.

If you have suffered a serious injury because of medical malpractice, we can help you. Our firm has obtained verdicts and settlements in excess of $100 million for our clients. Call us now at 305-662-6178 for a FREE CONSULTATION with one of our experienced Miami medical malpractice attorneys.

What Is Considered Medical Malpractice?

Most cases of medical malpractice happen due to medical negligence. This is substandard care to a patient. Essentially, this is when a health care professional fails to the type and level of care that a similar provider would act with in similar situations. This can include failing to diagnose a serious condition, unacceptable errors during surgery, or not telling a patient about a risk during treatment. It can be more than just those examples. If you aren’t sure it is best to ask a medical negligence lawyer.

Another claim someone can make for medical malpractice is recklessness. This standard is rarely met, in large part because legal precedent sets the bar quite high. If a doctor is drunk or on drugs while they are practicing, then most courts would consider that reckless. Anything short of that might be considered as reckless, but such cases are rare.

How Do You Prove Medical Malpractice?

It takes many years of study to be a doctor. It takes even more to know when a doctor made a mistake. This means that you will need to bring on another doctor who has specialized knowledge in the field being discussed. In certain cases, like when a surgeon leaves a sponge inside a patient, an expert witness may not be necessary.

On top of this, it would be necessary to prove damages. Disagreeing with a doctor is not enough to establish medical malpractice. Any of the following could be damage:

  • Additional medical bills
  • Lost wages
  • Physical pain
  • Loss of earning capacity
  • Disfigurement
  • Permanent injury

Is Medical Malpractice Difficult To Prove?

The plaintiff bears the burden of proof in a medical malpractice lawsuit. Proving medical malpractice in Miami depends a lot on the facts of the case. One of the best things that you could do for yourself would be to hire an experienced, aggressive personal injury attorney who can fight for your rights.

Common Types of Medical Malpractice Injuries

There are a wide variety of reasons that someone can bring a medical malpractice suit. The following is not meant to be a complete list, but could serve as a worthwhile starting point:

  • Misdiagnosis
  • Surgical errors
  • Anesthesia errors
  • Medication errors
  • Birth injuries

All of these have high potential to seriously impact someone for the rest of their lives. These can all be emotionally and mentally scarring, and they can also have huge effects on your finances.

Medical Malpractice Negligence

There are a few different components that are required to prove a medical negligence claim. The first thing you need to prove is that there was a doctor-patient relationship. What this comes down to is hiring the doctor, and the doctor agreeing to be hired. This is fairly easy to prove, as when a doctor begins seeing and treating you, that establishes this relationship. If you overhear something a doctor says at a party and act on that, you probably won’t have a good medical malpractice claim.

The next part of the equation is negligence. We talked about it a little above, but you need to prove that the doctor was not being reasonable nor careful. This almost always means that you need to hire an expert witness. If you’re upset with how your health care has treated you, that is probably not grounds for a suit.

If they caused you damage, that may be a reason to sue. Part of that involves establishing that the doctor was the one who caused the damage, and that you were injured.

A Miami Medical Malpractice Law Firm You Can Trust

When Healthcare Providers Put You At Risk, You Need The Best Malpractice Attorneys By Your Side

Miami residents deserve a medical malpractice attorney with the expertise and resources required to hold negligent parties accountable and recover compensation. Our legal team understands how traumatizing it can be to be injured by a healthcare professional. That is why we are committed to be there in your corner every step of the way, making sure that you receive justice.

Call Panter, Panter & Sampedro today at 305-662-6178 for a FREE CONSULTATION with one of our qualified medical malpractice lawyers.

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Medical Malpractice

Frequently Asked Questions

  • Medical malpractice is a legal term relating to tort law, which deals with professional negligence. In the case of medical malpractice, a medical professional is found to be guilty of medical negligence. Medical malpractice occurs when a physician deviates from accepted standards of practice, and the act or omission results in injury to the patient.

  • Medical negligence is one required legal aspect of a medical malpractice claim. Medical professionals owe a duty of care to their patients and must provide medical care that is recognized to be within the medical standard of care. When a medical professional deviates from the medical standard of care and injures a patient, they may be found to be medically negligent.

  • An attorney must prove that a medical professional deviated from accepted standards of care and that the physician’s acts or neglect resulted in injury to the patient.

  • In Florida, an injured person has two years from the date the harm from the medical malpractice was discovered or from the time an individual could have reasonably discovered the injury to file a lawsuit according to Florida Statute 95.11(4)(b).

  • After an individual discovers they have been injured by a medical professional, they should contact the physician to see if the issue may be resolved. Often, medical providers are willing to attempt a correction without any additional charges to the patient. If a resolution between the medical professional and the patient cannot be reached, the patient may bring the incident to the attention of the state licensing board. State licensing boards do not have the authority to order compensation, but it is within their scope to discipline medical providers and offer guidance to patients. A patient may then turn to a medical malpractice attorney and seek compensation before the statute of limitations expires.

  • Each medical malpractice case is made up of different components and therefore there is no average time a medical malpractice lawsuit may take to resolve. However, a medical malpractice lawsuit may take years to resolve due to the steps involved in proving a medical professional acted negligently.

  • A medical malpractice lawyer specializes in helping patients attain compensation for injuries caused by the negligence of a medical professional through a settlement or lawsuit. Expertise and experience are required to be successful in this area of law. These attorneys offer experience in medical malpractice law, as well as legal and medical expertise. In order to win compensation for their clients, medical malpractice attorneys need to prove that there was a breach in the duty of care by the medical profession, that the breach resulted in the patient’s injuries (known as causation), and that the injury has caused significant damages to the patient. A medical malpractice attorney will often attempt to collect compensation for their clients first but will take the case to court when necessary.

  • Medical malpractice attorneys work under a contingency fee agreement. This means these attorneys do not collect payment unless they win compensation for their clients. The lawyer collects a percentage of the overall settlement or award if the case goes to trial.

  • Panter, Panter & Sampedro is among the leading personal injury law firms in South Florida. For more than 30 years, our Board Certified trial attorneys have represented individuals injured by negligent parties in cases of significant size and complexity across various practice areas.

    We are a different kind of law firm, with the legal skill and expertise needed to serve our clients, and an unwavering dedication to family values.

    We believe our success, both inside and outside the courtroom, is defined by what we care about — it’s that simple. Panter, Panter & Sampedro is an award-winning personal injury law firm — but more than that — it is a group of people that genuinely cares about protecting the rights of individuals suffering as a result of wrongdoing and negligence.

  • We can. Call 305-662-6178 or submit a request for your FREE CONSULTATION to speak directly with one of our knowledgeable personal injury lawyers. We will review your case at no charge. To learn more about personal injury, please read below.

    Personal injury law, also known as tort law, is designed to protect you if you or your property is injured or harmed because of someone else’s act or failure to act. In a successful tort action, the one who caused the injury or harm compensates the one who suffered the losses.

    Every tort claim, regardless of its basis, whether intentional, negligence, or strict liability, has two basic issues—liability and damages. Was the defendant liable for the damages you sustained, and, if so, what is the nature and extent of your damages? If you can prove liability and damages, our system of justice will award you compensation for your loss.

    Personal injury cases can involve:

  • With a track record of success in working closely with each client, our legal team has secured millions of dollars in compensation for thousands of accident victims and their families over the course of three decades. We guide our clients through the entire legal proceedings, from filing the initial complaint to assisting with the proper distribution of funds once compensation is awarded.

    Our vast trial experience includes substantial verdicts and settlements in cases involving motor vehicle accidents, medical malpractice, product liability, slip-and-fall, catastrophic injuries, wrongful death and more.

    Panter, Panter & Sampedro’s proven team of civil trial lawyers are relied upon by the Miami and South Florida community to protect their rights and ensure justice is served by securing the best verdicts and recoveries possible.

    When our firm takes on a personal injury claim, we aggressively represent our clients and fight for the maximum compensation under the law. Rest assured that no matter how difficult the case, we are prepared to serve as your most ardent legal advocates and welcome the opportunity to hold the culpable parties accountable.  

    Panter, Panter & Sampedro proudly serves residents throughout South Florida — including Miami-Dade, Broward, and Palm Beach Counties.

  • No recovery, no fees.

    We believe that everyone, regardless of their financial status, should have access to sound legal counsel as they exercise their right to pursue justice and redress any harm or wrongdoing.

    At Panter, Panter & Sampedro, all our services are offered on a “contingency fee” basis, which means that any payment to the firm completely depends on whether our efforts result in a financial recovery for our client.

    Any lawyer’s fees for representing the client will be deducted from the final personal injury settlement in the client’s case or from the damages awarded after a favorable verdict, in the event that the client’s case goes to trial.

    In general, attorneys can receive up to one-third of the gross amount of a pre-suit settlement or 40% of the gross settlement recovery once a Defendant files an answer to a lawsuit. These rules are regulated by the Florida Bar, and the following summarizes our contingency fee policy:

    • Client enters into an agreement granting legal authority to the firm to represent the client in exchange for attorneys fees paid in the form of a percentage of the total recovery.
    • The firm assumes all up-front financial costs and risk associated with litigating the case. All of these expenses are paid by the firm, and are only repaid if a recovery is won.
    • The client pays no fees whatsoever, hourly or otherwise.
    • The firm’s contingency fee percentage varies based on the type of case, level of complexity, and the foreseeable resources required to litigate it properly.
    • Every case is unique, but the contingency fee percentage is always clearly agreed upon by both parties and documented in writing upon retaining our services.

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