Medical Malpractice

Miami Medical Malpractice Lawyers

Representing victims of medical negligence throughout Florida

At Hickey Law, we’ve been fighting for personal injury victims for 40 years. Our Miami medical malpractice lawyers understand the standards for providing competent medical care. We work with a network of doctors who can help verify you did not receive the care you should have received. We’re ready to fight the insurance companies for physicians and other healthcare providers.

The Best Lawyers in America© recognizes John H. (Jack) Hickey in 3 areas: Admiralty and Maritime Law, Personal Injury Litigation – Plaintiffs, and Medical Malpractice – Plaintiffs. Hickey is double board certified by The Florida Bar in Civil Trial and Admiralty and Maritime Law, distinctions held by few attorneys in Florida. He is also board certified in Civil Trial by the National Board of Trial Advocacy (NBTA). Call today to get started.

$5 MILLION recovered in medical malpractice case leading to wrongful death

$4.75 MILLION recovered when medical malpractice led to organ failure

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What is medical malpractice?

Medical malpractice takes place when an individual who seeks medical help is harmed by a doctor, or another medical professional, who doesn’t perform his or her duties to the level that is expected. This can happen by the action, or inaction, of a medical professional that results in personal injury.

Medical malpractice cases are complex. There are certain basic requirements for proving malpractice occurred for a successful claim:

  • Showing a doctor-patient relationship existed: You must show that you, or the victim, had a relationship with the medical professional who caused the injury. You must have hired the doctor or have been treated by a medical professional. A consulting physician who did not treat you can raise questions of whether a relationship existed.
  • The medical professional was negligent: To successfully pursue a malpractice claim, you must show that the medical professional acted negligently in your diagnosis or treatment. Nearly all states require that the patient have a medical expert confirm that the negligent party deviated from the appropriate “standard of care” for healthcare professionals.
  • The negligence caused the injury: The burden is placed on the patient to prove that the doctor or medical professional’s negligence is what caused the injury. They must show that it is more likely than not that the doctor’s negligence directly caused the injury. A medical expert can testify to this as well.
  • The injury led to damages: Even if a doctor or healthcare professional acted negligently, a patient cannot pursue a malpractice claim if no injury or harm occurred. Examples of damages patients can pursue compensation for include physical pain, mental anguish, additional medical bills, disfigurement, scarring, and lost work and earning capacity.

It is extremely difficult to prove a medical malpractice claim. This is one of the most compelling reasons to work with an attorney. In 2021, there were 38,504 adverse action reports filed against doctors across the U.S. Only 8,854 of those medical malpractice claims –­ about 23% – resulted in a payout. Even with strong evidence, physicians win around 50% of medical malpractice claims. Without an attorney on your side, it is highly unlikely that you will prevail in court against a negligent healthcare provider.

What types of medical malpractice claims to do you handle in Miami?

There are many ways in which a doctor or medical professional can deviate from the proper standard of care – “the type and level of care an ordinary, prudent, health care professional, with the same training and experience, would provide under similar circumstances in the same community.”

At Hickey Law Firm, we represent patients and families in the following types of medical malpractice claims:

  • Diagnostic errors. This happens when a doctor or medical professional doesn't discover the patient’s illness or makes a mistaken diagnosis which leads to further injury, illness, or death. Delays or a mistaken diagnosis can be fatal if a patient has heart disease, cancer, or other severe illnesses. Diagnostic mistakes can also include failing to order the correct diagnostic tests and failing to read the test results correctly.
  • Improper treatment. This can occur when a medical professional does not treat symptoms as another competent doctor would, or if the doctor or medical professional administers the appropriate treatment incorrectly which results in a negative outcome.
  • Failure to warn of risks. Medical professionals have a duty to adequately warn patients of known risks of procedures, treatments, and medications known as the duty of informed consent. If this duty is not performed and a patient is injured from the treatment, a medical malpractice suit may be filed. Doctors should obtain informed consents explaining known dangers in writing from their patients.
  • Surgical errors. Surgeons and those who assist them have undeniably difficult jobs. The law recognizes that surgery is a complicated, sensitive endeavor and that a tragic outcome is not always cause for a medical malpractice claim. However, the fact remains that a patient is intensely vulnerable during surgery. You’re putting your life in another person’s hands and that means the surgeon and his or her team carry significant responsibilities. Preventable surgical errors kill thousands of Americans every year. Common examples of surgical errors include:
    • Anesthesia errors
    • Amputation of the wrong limb
    • Unnecessary damage to surrounding tissue, ligaments, and nerves
    • Infections
    • Surgical instruments left in patients
    • Failure to competently respond to emergencies
    • Failure to monitor the patient during and after surgery
  • Prescription errors. When a pharmacy incorrectly fills a prescription, this error can be extremely serious. At Hickey Law Firm, we have decades of experience filing medical malpractice cases against drug producers, distributors, and pharmacies that make mistakes when distributing prescriptions. There have been times when the cases were due to the inexperience and negligence of a pharmaceutical assistant as well. 

Your pharmacist has a duty to ensure that the prescriptions you are receiving are not only in accordance with what your physician prescribed, but also to double-check the prescription for reactions with any of your other medications. Your pharmacist should also give you a general description of your prescription and its application, side effects, and warnings. Failure to do these things, along with several other mistakes can lead to severe, if not fatal, side effects.

Our Miami lawyers have encountered many breaches of duty on the part of pharmacies, including the following:

    • Inadequate training.
    • Lack of prescription review, resulting in mistakes.
    • Pharmacy rushing to complete orders and making mistakes.
    • Failure to establish and maintain an appropriate “continuous quality improvement program” as required by Florida Administrative Code 64B16-27.300.
    • Failure to call the physician to clarify the amount of the dosage of the prescription.
    • Failure to counsel the patient or the patient’s agent about the dosage in violation of Florida Administrative Code 64B16-27.820.
    • Failure to interpret and assess the prescription order for potential adverse reactions, interactions, and dosage regimen.
    • In Florida, the pharmacy and the pharmacist have a duty of due care which arises under Florida case law and under the Florida Pharmaceutical Regulatory Statutes and Administrative Code. In addition to the pharmacist's duties to provide an exceptional level of care, the pharmacy is equally responsible for the care of its patients.

Nurses and nursing homes may also be liable if residents fail to receive the proper medications, in the correct dosages, at the correct times.

  • Birth Injuries. When medical malpractice occurs during childbirth, your new child can suffer an injury that lingers for the rest of his or her life. We have significant experience evaluating potential cases and determining if there's a viable claim. Common birth injuries include:
    • Erb's palsy
    • Cerebral palsy
    • Damage to the limbs
    • Lack of oxygen, causing brain damage and other injuries

Many birth injuries simply cannot be treated, and your child will be dealing with them for the rest of his or her life. He or she will have to deal with the pain, discomfort, and inconvenience of the injury, but the injury can also dramatically hurt your child's ability to work and earn a living. This is why it's so important to vigorously pursue compensation after a birth injury.


What is the statute of limitations for medical malpractice cases in FL?


The statute of limitations on medical malpractice claims in the state of Florida is two years under most circumstances. In cases where the injury was not immediately discoverable, the statute of limitations may be extended to four years.

In cases involving children, the statute of limitations is slightly different due to injuries that may be sustained during birth but not recognizable until a child is older. In these cases, parents can file a claim within two years of discovering the injury up to the child’s eighth birthday. It is never a good idea to wait to file a claim. If you or your child has suffered injury through medical malpractice, the sooner you act, the higher your chances of a successful claim.

Medical malpractice cases can take up to five years to settle, longer if the case goes to trial. The amount of time a claim takes is dependent on several factors including the complexity of the injury, the amount of time that has passed since the injury occurred, and the number of providers involved in the suit.

Every case is unique. Some may settle within a year or two while others may take much longer. Having an experienced attorney on your side helps to ensure you are kept informed as your claim progresses.

Medical Malpractice

How much is my Miami medical malpractice claim worth?

When your injury is caused by the negligence of a trusted medical professional, you deserve justice and fair compensation to take that financial burden off your shoulders and bring some peace of mind to your loved ones. Regardless of what types of injuries you sustained, our goal is to get compensation for you. We will fight to recover damages for:

  • Medical expenses
  • Rehabilitation
  • Physical and emotional therapy
  • Lost wages
  • Diminished earning capacity
  • Pain and suffering
  • Funeral expenses (wrongful death cases)

In medical malpractice cases, some patients may require corrective surgery. Many times, corrective surgery is not feasible – especially if the correct diagnosis isn’t made promptly. Often, a delayed treatment or improper treatment can worsen a patient’s health. If a loved one dies due to medical malpractice, we file a wrongful death and survival action on behalf of the family members.

Who is responsible for medical malpractice in Miami?

Our Miami medical malpractice attorneys work to hold every healthcare provider who breached their duty of competent care responsible including:

  • Hospitals
  • Surgeons, physicians, and other doctors
  • Nurses
  • ER doctors and healthcare professionals
  • Pharmacies
  • Midwives
  • Anesthesiologists
  • Medical laboratories and technicians

Do you have a medical malpractice lawyer near me?

Hickey Law Firm meets with patients and families at our Miami office located at 12150 SW 128th Ct, Suite 225. We do meet clients at a hospital, another healthcare facility, or their home if they cannot come to our office.


Speak with the experienced medical malpractice lawyers at Hickey Law Firm in Miami today

We understand how devastated you are when medical malpractice worsens your health. At Hickey Law Firm, our lawyers are ready to confront the high-priced lawyers for the physicians and other healthcare providers who treated you.

Contact our respected Miami medical malpractice lawyers now. To schedule your free consultation, call 305.371.8000 or complete our contact form. We only receive payment if you obtain a settlement of your claim or a jury verdict. We represent patients and families throughout Florida and across the United States.

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Hickey Law Firm – Call us today.