Miami Medical Malpractice Lawyers

Florida’s First Firm to Sue the da Vinci Manufacturer. Over $900 Million Recovered.

At Rossman, Baumberger, Reboso & Spier, P.A., we have represented medical malpractice victims and their families in Miami and throughout Florida since 1974. Our attorneys handle cases involving negligence by doctors, nurses, hospitals, nursing homes, and medical device manufacturers, working to recover the maximum compensation available under the facts and law of each case.

We were also the first law firm in Florida to sue the manufacturer of the da Vinci Surgical System, giving our team a depth of experience in robotic surgery malpractice that many general personal injury firms don’t have. Miami’s concentration of major hospital systems and surgical centers means malpractice claims arise across a wide range of specialties and settings. When those cases involve complex technology or catastrophic harm, you need a team that has handled these matters before. We offer services in both English and Spanish and can connect clients with qualified treating physicians when needed.

We believe people deserve legal representation that acknowledges what they’re going through and what they need. From first contact through resolution, we are here to support our clients every step of the way.

Why Choose Our Medical Malpractice Team in Miami?

Our Miami medical malpractice attorneys regularly represent people injured by medical negligence and the families of those who lost their lives to it.

A few reasons clients choose our team:

• Robotic surgery experience: We’re well-versed in robotic surgery injuries and were the first Florida firm to sue the manufacturer of the da Vinci Surgical System.
• Multilingual services: We serve clients in English and Spanish.
• Proven results: Our firm has recovered over $900 million in verdicts and settlements on behalf of clients.
• Extensive experience: Our attorneys bring more than 200 years of combined legal experience.
• Board Certified Civil Trial Lawyer: Our team includes a Board Certified Civil Trial Lawyer, a credential the Florida Bar reserves for attorneys who have demonstrated exceptional trial competence.
• Accessible support: Same-day appointments are available so you can get timely guidance when you need it most.

Victims of negligent medical professionals and institutions deserve experienced advocates who understand Florida’s legal landscape and know how to build a case. We investigate each claim thoroughly, substantiate every allegation of malpractice, and develop strategies tailored to the facts at hand.

Contact our team online or call (305) 900-5493 to schedule your free consultation in English or Spanish.

Our Medical Malpractice Case Results

Knowing the law and knowing how to use it on behalf of our clients is what building a record looks like in practice. The following are past results our team has achieved for clients who trusted us with their most serious cases.

Select medical malpractice recoveries include:

• A $12.5 million recovery in a misdiagnosis case
• A $12 million recovery in a medical negligence case
• An $8 million recovery for a patient administered the 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
• Many other outcomes across a wide range of claims

Two of our cases have had an impact beyond the courtroom: one led to changes in how X-rays are read in Florida emergency rooms, and another reformed procedures in a cardiac catheterization lab. We also handled the Chalk’s Airlines crash case, in which 20 people died off the coast of Miami Beach. High-profile, high-stakes cases are not something we avoid. Past results don’t guarantee future outcomes, but they reflect how seriously we take every case we accept.

What Is Medical Malpractice Under Florida Law?

Medical malpractice occurs when a healthcare professional’s negligence causes patient harm. Filing a claim in Florida is more procedurally demanding than most civil litigation, and understanding what the law requires before you act is critical.

Elements of a Valid Florida Malpractice Claim

To establish a valid claim, four elements must be proven:

• Duty of care: A doctor-patient relationship existed, establishing that the medical professional owed you a duty of care.
• Breach of the standard of care: The provider failed to meet the standard of care expected in their field. Under Florida’s Malpractice Act, your claim must be supported by sworn testimony from a qualified medical expert practicing in the same specialty as the defendant.
• Causation: The breach was the proximate cause of your injuries. You must show that the harm wouldn’t have occurred but for the provider’s negligence.
• Damages: The injuries caused measurable harm, including medical expenses, lost income, pain and suffering, and more.

Florida’s Pre-Suit Investigation & Filing Deadlines

Before a Florida medical malpractice lawsuit can be filed, plaintiffs must complete a mandatory pre-suit investigation. This requires serving a notice of intent to initiate litigation on each prospective defendant at least 90 days before filing and obtaining a verified written opinion from a qualified medical expert supporting the claim. Florida’s statute of limitations gives most patients two years from the date they knew or reasonably should have known of the injury to act, with a four-year statute of repose from the date of the malpractice as an absolute outer limit. Starting early preserves evidence and helps maintain enough time to satisfy these requirements.

Common Types of Medical Negligence We Handle

Doctors, nurses, hospitals, nursing homes, and medical device manufacturers can all be named as defendants in a malpractice claim. In robotic surgery cases, we have argued that liability can extend beyond the individual surgeon to the robot’s manufacturer or designer when their errors in creating the device contributed to the harm.

The most common types of claims we handle include:

• Diagnostic errors: Delayed diagnosis, misdiagnosis, or failure to diagnose are among the most frequent sources of malpractice claims and often have severe consequences for patients.
• Pregnancy and childbirth errors: Mistakes during pregnancy or delivery can injure both mother and child. A birth injury can alter the course of a child’s entire life.
• Surgical errors: Wrong-site surgery, unsterilized equipment, nerve damage, failure to control bleeding, and robotic surgery errors all fall within this category.
• Medication errors: Administering the wrong drug, an incorrect dosage, or failing to identify a dangerous drug interaction can cause serious harm.
• Anesthesia errors: Incorrect dosing or failure to monitor vital signs during a procedure can result in brain damage or death.
• Radiology errors: Misread X-rays, MRIs, or CT scans can delay an accurate diagnosis or lead to unnecessary treatment, compounding the original harm.

Damages Recoverable in a Miami Medical Malpractice Claim

Medical malpractice frequently produces catastrophic injuries that are permanent and expensive to treat, requiring both emergency care and long-term medical support.

Our team has recovered over $900 million for injured clients and can pursue compensation for:

• Pain and suffering
• Medical expenses, including hospitalization, surgeries, and medications
• Physical therapy and other aftercare
• Medical equipment
• Lost wages and diminished earning capacity
• Disfigurement and loss of quality of life

Florida places no monetary limit on economic damages in medical malpractice cases. For non-economic damages, the Florida Supreme Court ruled in 2017 in North Broward Hospital District v. Kalitan that the statutory non-economic damage caps are unconstitutional under the Equal Protection Clause of the Florida Constitution. Courts don’t currently enforce those caps in general malpractice cases, though narrow exceptions may apply when a defendant agrees to voluntary binding arbitration or in claims against government-operated healthcare providers under sovereign immunity. In cases where a provider’s conduct amounted to gross negligence or reckless disregard for patient safety, punitive damages may also be available.

Serving Miami-Dade Medical Malpractice Victims Since 1974

Miami is home to major healthcare systems, including HCA Florida Mercy Hospital, Baptist Health hospitals across Miami-Dade County, and many others. Medical negligence can occur in any of these settings, leaving patients with serious physical, financial, and emotional burdens. Our firm has been here since 1974, and our work has reached beyond individual clients: cases we have tried changed how X-rays are read in Florida emergency rooms and reformed procedures in a cardiac catheterization lab, influencing clinical practice statewide.

Miami-Dade’s large and diverse population means patients from many linguistic and cultural backgrounds seek care across a wide range of facilities. We serve clients in English and Spanish and bring the same commitment to every case, regardless of its complexity. If you or a loved one has been harmed by medical negligence, we’re ready to help you understand your rights and take the next step.

How a Medical Malpractice Attorney Can Help You

Medical malpractice cases are among the most procedurally complex in Florida civil law. When healthcare professionals fail to meet the standard of care, the consequences for patients and their families can be devastating. Here’s what working with our team means in practice:

• Command of medical and legal issues: Our attorneys understand medical terminology, clinical procedures, and standards of care and know how to translate that knowledge into a case strategy.
• Negotiating with insurers: Insurance companies have legal teams focused on minimizing payouts. We negotiate on your behalf to pursue fair compensation for your injuries, losses, and suffering.
• Courtroom representation: When a fair settlement isn’t reached, we take your case to trial. Our attorneys build the record, present the evidence, and argue for the compensation supported by the evidence and the law.
• Managing the pre-suit process: Florida’s mandatory pre-suit requirements are strict and time-sensitive. We handle each procedural step so nothing falls through the cracks.

We’ve spent over 50 years fighting for Miami families harmed by medical negligence. Contact us online or call (305) 900-5493 to schedule your free consultation today.