Injured in an Accident? Helping Clients Throughout Florida Since 1974

Miami Medical Malpractice Attorneys

Helping Victims of Robotic Surgery Malpractice & More

We are fortunate to live in an enlightened age where health care and ever-expanding technologies like robotic surgery can significantly improve our quality of life. We are equally fortunate to live in a nation that allows us to seek a remedy when health care is negligently employed, and our quality of life is diminished. It is a sad reality, but there are those in the health care industry that neglect the very patients who need them most. Whether it be through incorrect use of technologies, improper or falsified qualifications, inattentive and disorganized care staff, neglectful nursing homes, or callous HMOs, medical negligence can lead to severe injury, and sometimes, death.

At Rossman, Baumberger, Reboso & Spier, P.A., our Miami medical malpractice lawyers regularly represent persons injured and the families of those lost due to medical negligence. The leadership and experience of our malpractice attorneys have produced a $12.5 million recovery in a misdiagnosis case, an $8 million recovery for a patient who was administered wrong medication, a $2.5 million recovery for a victim who suffered a stroke as a result of medical malpractice, eight-figure results for brain-damaged babies, and many other positive outcomes for our clients. We're also well-versed on robotic surgery injuries, and we were the first Florida firm to sue the manufacturer of the da Vinci Surgical System robot. If you've suffered internal injuries during a robotic surgery, you can trust our team to hold the at-fault party responsible, whether it be the surgeon performing the operation or the device manufacturer.

The benefits of technology and medicine are rendered useless when placed in the hands of uncaring, unskilled, and unsympathetic people. Victims of these "professionals" and organizations deserve to be protected by the representation of attorneys with broad experience in these areas.

Contact our team online or by phone at (305) 900-5493 to schedule your free consultation in English or Spanish. We’re passionate about helping our clients after they’ve been wrongly injured.

What is Medical Malpractice?

In the area of personal injury law, individuals can file medical malpractice claims against medical professionals when they’ve been seriously harmed by the carelessness or negligence of doctors, nurses, or other professionals. In the state of Florida, filing a medical malpractice claim can be extremely complicated because there are certain elements you must prove to have a valid claim.

Elements that must be established include:

  • There was a duty of care: Just as drivers owe a duty of care to other drivers and passengers with whom they share the road, medical professionals also owe a duty of care to their patients. You must first show that the medical professional in question was treating you, the patient.
  • There was a breach in the standard of care: There must also be evidence that the medical professional breached the standard of care by providing less than adequate medical care. According to Florida’s Malpractice Act, this means that your claim must be supported by sworn testimony from a medical expert practicing in the same field as your doctor.
  • This breach was the proximate cause of your injuries: Along with establishing that your professional breached a standard of care, you must also prove that this breach was the “proximate cause” of your injuries. This means you must show that if the medical professional wasn’t negligent, your injuries wouldn’t have occurred.
  • Damages occurred: Your injuries must be serious enough to result in damages, including medical expenses, missed time from work, pain and suffering, and more.

Our Case Results

  • Product Liability $20 Million
  • Boating Accident $18 Million
  • Birth Injury $15 Million
  • Medical Negligence $12 Million
  • Railroad Accident $12.5 Million
  • Automobile Accident $10 Million
  • Premises Liability $10 Million
  • Product Liability / Automotive $6.5 Million
  • Medical Negligence / Malpractice $8 Million
  • Medical Negligence / Malpractice $6.7 Million
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Common Types of Medical Negligence

Depending on the type of accident and injuries or illnesses that occur, a variety of people and entities can be held responsible for medical malpractice. Doctors, nurses, hospitals, and even nursing homes are common defendants in these types of claims. In the case of robotic surgery errors, our team has found that besides individual surgeons, the robot manufacturer or designer can be held liable for damages because of errors they made in creating the device.

The most common types of medical malpractice claims occur as a result of:

  • Errors in diagnosis: Diagnosis error is one of the most common causes of medical malpractice claims and can occur when a professional either delays a diagnosis, misdiagnoses a patient with another health condition, or doesn’t diagnose a patient at all. Treating patients with health conditions as soon as possible is essential and can be life-saving, which is why failing to do so can be considered negligent.
  • Pregnancy or childbirth errors: When doctors make errors during a patient’s pregnancy or in childbirth, both the mother and child can be injured. In many cases, a birth injury can change the way an infant lives their life. Childbirth errors can include surgical errors made during C-section deliveries, misdiagnosis of placental abnormalities, nerve injuries to the baby, and more.
  • Surgical errors: Surgical errors can occur as often in routine procedures as they do in major surgeries like spinal or heart surgery. Common errors can include performing the wrong operation, operating with unsterilized equipment, damaging a nerve during surgery, failing to control bleeding, and more. Errors can also be made during robotic surgery, which typically involves a doctor controlling a machine during a procedure such as a heart valve operation.
  • Medication errors: Doctors and nurses can be held accountable for negligence when they give patients the wrong medication, an incorrect dosage of medication, or fail to realize a dangerous drug interaction, such as if a patient is deathly allergic.

Our medical malpractice lawyers in Miami don’t take cases we take on causes. Call us to take advantage of our decades of experience at (305) 900-5493.

Damages We Can Recover

Medical malpractice accounts for many catastrophic injuries in the U.S., which means that the injuries are serious enough to be life-altering and permanent. As a result, these injuries may be extremely expensive to treat, requiring both emergency attention and long-term medical care.

Our team has successfully recovered over $900 million in damages for injured clients and can pursue compensation for the following:

  • Pain and suffering
  • Medical expenses, including bills for hospitalization, surgeries, and medications
  • Physical therapy and other forms of aftercare
  • Medical equipment
  • Lost wages and diminished earning capacity

In Florida, there’s no monetary limit to economic damages you can recover. This means that, if successful in securing compensation, you wouldn’t have to worry about not being paid enough to cover your medical bills and lost wages. There is, however, a cap on non-economic damages like disfigurement and loss of quality of life. This cap is set at $500,000 for practitioners and $750,000 for nonpractitioners. If death or permanent vegetative state occurs from medical malpractice, the maximum amount that the surviving family members can receive is $1 million.

Because navigating medical malpractice cases can be complicated and so much is at stake for you and your future, it’s important that you hire an experienced medical malpractice attorney in Miami right away to get started on your case. At our firm, we have a long track record of success to back us up. When you hire us, you can focus on healing with the knowledge that your future is in good hands.

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