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Medical Malpractice – Understanding Your Rights & Legal Options
Medical malpractice occurs when a doctor, hospital, clinic, or healthcare provider fails to meet the accepted standard of care, resulting in serious injury or death. In Florida, medical malpractice cases are governed by Florida Statutes, which set strict legal and procedural requirements.
At Holzberg Legal, we have been fighting for victims of medical negligence for over 40 years. Whether you were harmed in a hospital, private practice, or aboard a cruise ship, we have the experience and resources to hold negligent medical professionals accountable.
Elements of a Medical Malpractice Case
To succeed in a medical malpractice lawsuit, we must prove:
- Breach of Standard of Care: The healthcare provider failed to act as a competent professional with similar training and experience would have in the same situation.
- Negligence: The provider’s act or omission directly violated medical standards.
- Causation: The negligence directly caused an injury or worsening of a condition.
- Damages: The patient suffered serious physical, emotional, or financial harm as a result.
Every case requires expert medical testimony to establish what went wrong and how the negligence caused harm.
Pre-Suit Requirements for Medical Malpractice Cases in Florida
Florida law has specific pre-suit requirements before a malpractice claim can be filed:
1️⃣ Pre-Suit Investigation:
- A medical expert must review the case and sign an affidavit of merit confirming negligence occurred.
- All medical records must be obtained and analyzed.
- We identify all liable parties, including hospitals, doctors, nurses, anesthesiologists, and medical facilities.
2️⃣ Notice of Intent to Sue:
- Before filing a lawsuit, we must send a Notice of Intent to each potential defendant.
- This notice includes:
- A sworn expert affidavit confirming negligence.
- Copies of relevant medical records.
- A request for the defendant’s medical records and insurance information.
3️⃣ 90-Day Pre-Suit Discovery Period:
- The defendant’s insurer reviews the claim and decides whether to settle or contest it.
- During this period, the statute of limitations is tolled (paused).
4️⃣ Mandatory Mediation:
- If the insurer denies liability, the case may proceed to litigation.
- Florida law requires mediation before trial to attempt a settlement.
These pre-suit hurdles are complex and time-sensitive. Without the right legal team, your case may be dismissed before it even begins.
Medical Malpractice on Cruise Ships
Cruise lines employ doctors and nurses, but their medical teams often operate with limited facilities, outdated equipment, and no direct hospital access. This can lead to life-threatening mistakes such as:
🚢 Failure to Diagnose and Treat Strokes or Heart Attacks
🚢 Misdiagnosing Infections and Delayed Treatment
🚢 Improper Fracture Diagnosis amd Setting
🚢 Failure to Evacuate Critically Sick Passengers
🚢 Delayed or Denied Coast Guard Medical Transfers
Unlike hospital malpractice, cruise ship medical malpractice falls under maritime law, making these cases even more complex. Our firm has extensive experience handling medical negligence claims against major cruise lines, ensuring that injured passengers and crew receive the compensation they deserve.
Statute of Limitations for Medical Malpractice in Florida
⏳ Medical Malpractice Claims: 2 years from the date the injury was discovered (or should have been discovered with reasonable diligence).
This strict deadline means that waiting too long could bar you from filing a claim entirely.
Compensation in Medical Malpractice Cases
If you were injured due to medical negligence, you may be entitled to compensation for:
✅ Medical Expenses – Past, present, and future treatment costs.
✅ Lost Wages & Future Earnings – Compensation for time missed from work and reduced earning capacity.
✅ Pain & Suffering – Physical and emotional distress caused by malpractice.
✅ Mental Anguish & PTSD – Anxiety, depression, or trauma resulting from improper medical care.
✅ Disfigurement & Permanent Injury – Including paralysis, scarring, or loss of function.
✅ Loss of Enjoyment of Life – The inability to engage in prior activities or lifestyle.
✅ Loss of Consortium – Damages for a spouse or family member’s loss of companionship.
✅ Wrongful Death & Funeral Costs – If malpractice results in a fatality, the family can seek compensation for their loss.
Why Choose Holzberg Legal for Your Malpractice Case?
✔ 40+ Years of Experience Handling Medical Malpractice Cases
✔ Deep Knowledge of Medical & Maritime Law
✔ Expert Access to Leading Doctors & Medical Specialists
✔ Aggressive Trial Preparation – We Don’t Just Settle, We Fight
✔ Recognized as a Best Law Firm in Medical Malpractice & Injury Law
Medical malpractice claims require meticulous investigation, expert analysis, and aggressive legal advocacy. At Holzberg Legal, we are committed to holding negligent doctors, hospitals, and cruise lines accountable.
📞 Call Holzberg Legal at (305) 668-6410 for a FREE Consultation.
