Medical Malpractice Attorneys Serving Miami & South Florida For More Than Three Decades
Panter, Panter & Sampedro
Miami medical malpractice attorneys at Panter, Panter & Sampedro represent Florida patients and families harmed by medical negligence. Panter, Panter & Sampedro has protected Florida families for more than 30 years, and the firm’s medical malpractice trial attorneys work with clients across South Florida to pursue the justice, recovery, and compensation they deserve.
If you have suffered a serious injury because of medical malpractice, a medical malpractice attorney can help you. The firm has obtained verdicts and settlements in excess of $100 million for our clients. Call now at 305-662-6178 for a FREE CONSULTATION with an experienced Miami medical malpractice attorney.
What Is Considered Medical Malpractice?
Most medical malpractice happens because of medical negligence, which means substandard care. Medical negligence occurs when a health care professional fails to provide the level of care that a similar provider would give in a similar situation. Common examples include a failure to diagnose a serious condition, a surgical error, or a failure to warn a patient about a treatment risk.
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 heavily on the facts of the case. One strong step an injured patient can take is to hire an experienced personal injury attorney who will fight for the patient’s 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 the individual’s finances.
Our Medical Malpractice Case Results Speak for Themselves
*Past results do not guarantee or predict a similar outcome. Each case depends on its own facts and circumstances.
Proving a Medical Malpractice Negligence Claim
There are a few different components that are required to prove a medical negligence claim. The first thing an individual needs 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 treatment, that establishes this relationship. If an individual overhears something a doctor says at a party and acts on that, they probably will not have a good medical malpractice claim.
The next element is negligence. A patient must prove that the doctor did not act reasonably or carefully, which almost always requires an expert witness. Dissatisfaction with how a provider handled care is usually not grounds for a lawsuit.
If they caused 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 the patient was injured.
How Long do Patients Have to File a Medical Malpractice Claim in Florida?
A patient generally has two years to file a medical malpractice claim in Florida, under Fla. Stat. 95.11(4)(b). The two-year period runs from the date the patient discovered, or should have discovered, the injury. Florida also sets a four-year statute of repose, which bars most claims filed more than four years after the incident, with limited exceptions for fraud, concealment, and injured children. A patient should speak with a medical malpractice attorney soon after discovering a possible injury, because these deadlines are strict.
About Panter, Panter & Sampedro
Panter, Panter & Sampedro is a family-owned Miami personal injury law firm that has represented injured individuals and grieving families throughout Florida for more than 30 years. Panter, Panter & Sampedro was named a 2026 Best of Florida Regional winner in the Personal Injury Firms category by Guide to Florida. Readers of the Miami Daily Business Review voted the firm Best Of in the Personal Injury Law Firm category in 2025, and The Florida Villager named the firm a Best of the Best Readers’ Choice winner the same year. Panter, Panter & Sampedro handles injury and wrongful death matters from the Panter Building on North Kendall Drive in Pinecrest. The firm accepts these cases under a No Recovery = No Fee agreement, which means attorney fees are owed only if the firm obtains a recovery.
Three of the firm’s partners are board certified in Civil Trial Law by The Florida Bar. Mitchell Panter, Brett Panter, and David Sampedro first earned that certification in 1995, 1992, and 2012. Mitchell Panter received the National Board of Trial Advocacy President’s Award in 2025, and Super Lawyers has selected him to its Florida list each year from 2013 through 2026 and David Sampedro each year from 2016 through 2026. Martindale-Hubbell separately rates all three partners AV Preeminent, its highest peer review rating for legal ability and ethical standards.
A Miami Medical Malpractice Law Firm You Can Trust
When Healthcare Providers Put You At Risk, an Experienced Miami Medical Malpractice Attorney can Help
Miami residents deserve a medical malpractice attorney with the experience and resources to hold negligent providers accountable and pursue compensation. The legal team at Panter, Panter & Sampedro understands how difficult it is to be injured by a health care professional, and the firm stands with each client through every step toward justice.
Call Panter, Panter & Sampedro today at 305-662-6178 for a FREE CONSULTATION with one of their qualified medical malpractice lawyers.
*On March 24, 2023, Governor Ron DeSantis signed House Bill (HB) 837 reducing Florida’s statute of limitations for general negligence cases from four years to two years. In other words, a lawsuit alleging negligence which accrued after March 24, 2023 must now be filed within two years of the date of the alleged negligence or the claim will be forever barred.
