Hospital Malpractice Attorney in Miami

Holding Hospitals Accountable for Negligence in Miami-Dade County

A claim against a hospital isn’t the same as a claim against one doctor. Hospitals can be liable for the conduct of every nurse, technician, and physician on their payroll, and for institutional failures that no single provider caused alone. Our attorneys at Rossman, Baumberger, Reboso & Spier, P.A. have represented medical malpractice victims and their families in Miami and throughout Florida since 1974, handling cases involving negligence by doctors, nurses, hospitals, and nursing homes.

If you or someone in your family was harmed by hospital negligence, contact Rossman, Baumberger, Reboso & Spier, P.A. today at (305) 900-5493 to schedule a free consultation. Same-day appointments are available.

Why Miami Families Bring Hospital Malpractice Claims to Our Firm

Our attorneys have been a recognized force in medical malpractice litigation for more than five decades. We’ve recovered over $900 million in verdicts and settlements across all practice areas, and our team brings more than 200 years of combined legal experience to every case we take. Our attorneys include a Board Certified Civil Trial Lawyer, a credential the Florida Bar reserves for attorneys who have demonstrated exceptional trial competence through sustained experience, peer review, and examination.

We were also the first law firm in Florida to sue the manufacturer of the da Vinci Surgical System. That litigation put our attorneys inside the complex intersection of hospital-based surgical procedures and device accountability, giving us grounding in the high-stakes claims that arise in hospital operating rooms. We serve clients in both English and Spanish.

How Hospitals Become Liable for Patient Harm

Hospital malpractice claims arise from two distinct liability theories, and identifying the right one shapes the entire case.

Vicarious Liability for Staff Conduct
When a doctor, nurse, or technician a hospital employs causes patient harm through negligence, the hospital can be held vicariously liable for that conduct. This doctrine makes the institution answerable for what its workers do on the job.

Direct Institutional Negligence
Hospitals also face liability for their own failures, independent of any individual provider. These theories include inadequate staffing levels, failure to properly credential or supervise medical staff, and failure to enforce safety protocols across departments. Medication errors, including administration of the wrong drug or wrong dose, fall into this category as well.

Emergency Room Negligence
ER claims present their own pattern of failures: improper triage, delayed treatment for time-sensitive conditions, and decisions not to admit patients who needed inpatient monitoring. These situations can cause catastrophic harm quickly, and the institutional context matters when tracing why the failure occurred.

Depending on the facts, a malpractice claim may name the hospital, individual providers, and other parties such as nursing homes or medical device manufacturers as defendants.

Public vs. Private Hospitals: A Distinction That Changes Your Case

Miami-Dade County is home to major private healthcare systems, including HCA Florida Mercy Hospital and Baptist Health hospitals across the county. Claims against private hospitals proceed under Florida’s standard medical malpractice procedures, with no cap on economic damages and, following the Florida Supreme Court’s 2017 ruling in North Broward Hospital District v. Kalitan, no currently enforced cap on non-economic damages either. The Kalitan court held that Florida’s statutory non-economic damage caps violated the Equal Protection Clause of the Florida Constitution.

Jackson Health System operates differently. As Miami-Dade County’s public hospital system, it is governed by the Public Health Trust on behalf of the Miami-Dade Board of County Commissioners and carries sovereign immunity. Florida’s sovereign immunity law limits malpractice recoveries against government-operated hospitals to $200,000 per claimant and $300,000 per incident, unless a claimant pursues a special legislative claims bill. Before filing suit against a sovereign-immune facility, a claimant generally must file a notice of claim with the governing body and allow a waiting period before litigation can begin. Identifying which system treated your family member is one of the first questions our attorneys address.

Damages in a Miami Hospital Malpractice Case

Florida places no monetary limit on economic damages in medical malpractice cases. Economic damages cover medical expenses, future care costs, lost wages, and lost earning capacity. Non-economic damages, including pain and suffering and loss of companionship, aren’t currently capped in claims against private hospitals under Kalitan, though the narrow exceptions noted above apply to sovereign-immune defendants and voluntary binding arbitration scenarios. When a hospital’s conduct rises to gross negligence or reckless disregard for patient safety, punitive damages may also be available.

Past outcomes speak to what dedicated representation has achieved in prior matters. Our firm recovered an $8 million settlement for a patient who was administered the wrong medication. Every case turns on its own facts, and no outcome can be guaranteed, but that result reflects the commitment our attorneys bring to hospital negligence claims.

Florida’s Procedural Requirements for Hospital Malpractice Claims

Florida imposes specific procedural requirements before a hospital malpractice lawsuit can be filed. Meeting them isn’t optional; missing a deadline or step can bar an otherwise valid claim.

• Four required elements: Every valid claim must establish a duty of care, a breach of the standard of care, causation linking that breach to the harm, and actual damages.
• Medical expert affidavit: The claim must be supported by sworn testimony from a qualified medical expert practicing in the same specialty as the defendant.
• Mandatory pre-suit investigation: A notice of intent to initiate litigation must be served on each prospective defendant at least 90 days before filing suit. That period allows for investigation and potential resolution before the courthouse.
• Statute of limitations: Most patients have two years from the date they knew or reasonably should have known of the injury to file a claim.
• Statute of repose: A four-year absolute outer limit runs from the date of the malpractice itself, regardless of when the injury was discovered. Limited exceptions may apply in cases involving fraud, misrepresentation, or concealment by a healthcare provider.

These deadlines run from the moment of injury, not from the moment a family decides to act. The earlier our attorneys can begin the pre-suit investigation, the more options remain open.

Start with a Free Consultation

Hospital malpractice cases require early investigation, careful expert selection, and a clear understanding of whether institutional liability, individual liability, or both is the right theory to pursue. Our attorneys at Rossman, Baumberger, Reboso & Spier, P.A. have handled these claims in Miami and across Florida for more than 50 years, and we can evaluate your case at no charge.

Contact Rossman, Baumberger, Reboso & Spier, P.A. at (305) 900-5493 to schedule your free consultation. Same-day appointments are available, and we serve clients in English and Spanish.