Why Medical Malpractice Victims Choose Di Pietro Partners

✓ Board-Certified Physician on Staff
✓ Former Broward Health Chairman
✓ Former Prosecutors
✓ Representing Clients Throughout Florida
✓ Also Representing Out-of-State Victims Injured in Florida
✓ No Fee Unless We Recover Compensation

Medical Malpractice Attorneys

We rely on doctors, nurses, surgeons, and specialists to maintain and protect our health. As patients, we trust that these people are qualified by years of schooling and medical training, and that they will act appropriately and competently while performing their medical duties. Unfortunately, this is not always the reality of the situation. Doctors and other healthcare professionals routinely make devastating errors which result in serious injuries, avoidable illnesses, and in extreme cases, wrongful death.

If you were injured by a negligent or careless doctor, or if a loved one passed away after receiving substandard medical care, your family deserves a closer investigation into the matter. The medical malpractice attorneys of Di Pietro Partners have on staff a physician to review medical malpractice and wrongful death matters. To start exploring your legal options in a free and confidential case evaluation, call our law offices right away at (800) 712-8462.

Medical Malpractice Attorney David Di Pietro on National TV

What is Medical Malpractice? Do I Have a Case?

Needless to say, it’s important for claimants to understand how medical malpractice is defined from a legal standpoint.

Malpractice does not mean having pain or a negative outcome following a procedure which was performed appropriately in accordance with all normal industry standards. While having a bad outcome can be an immensely upsetting and frustrating experience, it cannot legally be considered malpractice if the doctor (or other healthcare professional) did not actually make any errors or mistakes.

In order for an incident to be successfully deemed true malpractice, there are several elements which must be in place:

• There must be a formal patient-doctor relationship established between the plaintiff and the defendant. – This creates a formal “duty of care” from the doctor to the patient. (Note that taking casual advice does not constitute a formal patient-doctor relationship.)
• The doctor must breach his or her duty of care to the patient by acting negligently. – In a legal context, negligence means that the party at fault failed to live up to the normal standard of care that a reasonable person would expect under the same set of circumstances. In other words, if one doctor makes an avoidable error which any other reasonable doctor would have noticed and corrected – such as failing to sterilize tools, or to ask the patient about other medications they were taking – the doctor who made the error may be considered negligent.
• The doctor’s negligence must have caused an injury to the plaintiff.
• The plaintiff’s injury, caused by the negligent doctor, must have led to damages.

Depending on the specific details involved in a claim, a plaintiff may be able to recover compensation for damages such as hospital bills, lost income, and physical pain and suffering.

What Are Some Common Examples of Doctor Negligence and Malpractice?

Malpractice can manifest in many different ways, depending on factors like the patient’s health and the type of doctor or procedure involved. The following is a non-exhaustive list of some relatively common forms of medical and hospital negligence:

• Failure to monitor a patient’s oxygen levels while he or she is sedated. If a sedated patient is not closely monitored by a qualified anesthetist or anesthesiologist and an error occurs, he or she can aspirate vomit and can suffer brain damage, coma, and death.
• Failure to notice and diagnose, or misdiagnosing an apparent early-stage disease.
• Failure to count all tools used during a surgical procedure. When items are forgotten and are left behind inside of patients’ bodies, it is referred to as surgical object retention or a surgical error. Whether a forgotten object is a soft pad of gauze or a sharp pair of scissors, the end result can be blockage, organ damage, internal bleeding, or death.
• Practicing in a field for which the doctor is not actually licensed or qualified.
• Improperly sterilizing tools and equipment, including failure to wash hands and take other hygienic measures prior to an operation or examination.
• Incorrectly filling out a prescription, or making a medication error that results in death or injury to the patient.
• Failing to obtain a patient’s medical history and information regarding food, drug, and alcohol use. This can lead to deadly drug interactions and avoidable complications which should have been foreseen.
• Permitting unnecessary and dangerous delays in treatment, such as waiting too long to address a known infection or illness.
• In pregnancy-related cases, causing a birth injury to the baby and/or mother, such as accidentally cutting the baby with a surgical tool during a C-Section delivery.
• Physically or sexually assaulting a patient, or otherwise engaging in sexual contact, abuse, or harassment.

If any of these issues have affected you or a loved one, you should contact our medical malpractice attorneys immediately as you may be able to receive financial compensation for your suffering and your losses.

What Does a Medical Malpractice Lawyer Do?

A medical malpractice lawyer specializes in representing clients who have been harmed due to the negligence or errors of healthcare professionals. Their primary roles include:

Case Evaluation: They assess the details of the client’s case to determine if there is a viable claim for medical malpractice.

Investigation: This involves gathering medical records, interviewing witnesses, and consulting medical experts to build a strong case.

Legal Guidance: They provide advice on the legal process, the likelihood of success, and potential compensation.

Filing Lawsuits: If necessary, they file a medical malpractice lawsuit on behalf of the client, adhering to all legal requirements and deadlines.

Negotiation: They negotiate with defendants or insurance companies for a fair settlement.

Representation in Court: If the case goes to trial, they represent the client in court, presenting evidence and arguments to support the claim.

Advocacy: Throughout the process, they advocate for the client’s rights and interests, aiming to obtain just compensation for the harm suffered.

In short, medical malpractice attorneys navigate complex medical and legal issues to seek justice for clients who have suffered due to medical errors.

Why Medical Malpractice Cases Are Different

Medical malpractice cases are among the most complex types of personal injury claims. Unlike many negligence cases, they often require a detailed review of medical records, consultation with qualified medical experts, and a thorough understanding of both healthcare standards and Florida medical malpractice law. Hospitals, physicians, and their insurance carriers also vigorously defend these claims, making it essential to build a strong case from the very beginning.

To recover compensation, an injured patient must generally prove that a healthcare provider failed to meet the accepted standard of care and that this negligence directly caused their injuries. Establishing these elements often requires expert testimony, extensive medical documentation, and careful analysis of what a reasonably prudent healthcare provider would have done under similar circumstances.

At Di Pietro Partners, our legal team works alongside a quadruple board-certified physician to evaluate potential medical malpractice claims. This collaborative approach allows us to analyze both the medical and legal issues involved in cases ranging from surgical errors and delayed diagnosis to medication mistakes, birth injuries, and other forms of healthcare negligence.

Whether your case involves a hospital, physician, surgeon, emergency room, or other healthcare provider, our attorneys are committed to helping clients understand their legal options and pursue the compensation they deserve.

Types of Medical Malpractice Cases We Handle

Medical malpractice can take many forms, depending on the healthcare provider involved and the circumstances surrounding the patient’s care. At Di Pietro Partners, we represent individuals and families harmed by preventable medical errors throughout Florida. Below are some of the most common types of medical malpractice cases our attorneys handle.

Wrongful Death Caused by Medical Malpractice
When medical negligence results in the loss of a loved one, surviving family members may have the right to pursue a wrongful death claim under Florida law. These cases often arise from surgical errors, delayed diagnosis, medication mistakes, birth injuries, or other preventable medical failures. Our attorneys help families seek accountability and compensation after a fatal medical error.
Learn More About Medical Malpractice Wrongful Death →

Surgical Errors
Surgical mistakes can result in devastating and often permanent injuries. Common examples include operating on the wrong body part, leaving surgical instruments inside a patient, anesthesia errors, post-operative negligence, and preventable surgical complications.
Learn More About Surgical Errors →

Improper Treatment
Even when a physician correctly diagnoses a medical condition, the treatment provided must still meet the accepted standard of care. Improper treatment may involve unnecessary procedures, delayed treatment, incorrect treatment plans, or other avoidable medical mistakes that cause patient harm.
Learn More About Improper Treatment →

Birth Injuries
Negligence during pregnancy, labor, or delivery can lead to serious injuries affecting both mother and child. Birth injury cases may involve delayed C-sections, oxygen deprivation, improper use of delivery instruments, or failures to appropriately monitor fetal distress.
Learn More About Birth Injuries →

Emergency Room Errors
Emergency departments are required to provide timely and appropriate medical care, even in high-pressure situations. Errors such as delayed treatment, missed diagnoses, communication failures, or improper patient discharge can have life-altering consequences.
Learn More About Emergency Room Errors →

Misdiagnosis & Delayed Diagnosis
When physicians fail to recognize a serious illness—or diagnose the wrong condition altogether—patients may lose valuable time needed for effective treatment. Misdiagnosis cases frequently involve cancer, infections, heart attacks, strokes, and other time-sensitive medical conditions.
Learn More About Misdiagnosis →

Stroke Misdiagnosis
A stroke is a medical emergency where every minute matters. Failing to recognize stroke symptoms or delaying appropriate treatment can significantly increase the risk of permanent brain damage, disability, or death.
Learn More About Stroke Misdiagnosis →

Medication Errors
Medication mistakes can occur at any stage of a patient’s care, from prescribing the wrong medication or dosage to pharmacy dispensing errors and dangerous drug interactions. These preventable errors can cause serious injury or wrongful death.
Learn More About Medication Errors →

Neurosurgical Errors
Brain and spinal procedures are among the most complex operations performed in medicine. Errors involving neurosurgery may result in paralysis, permanent neurological damage, cognitive impairment, or other catastrophic injuries that permanently alter a patient’s quality of life.
Learn More About Neurosurgical Errors →

Revision & Corrective Surgery Malpractice
Some medical mistakes require patients to undergo additional procedures to correct or minimize the damage caused by negligent care. Revision surgery may be necessary following botched orthopedic procedures, cosmetic surgery, spinal surgery, or other operations where the initial treatment fell below the accepted standard of care. We represent patients who have suffered additional injuries, complications, or unnecessary procedures because of preventable medical errors.
Learn More About Revision Surgery Cases →

Who Can Be Held Liable for Medical Malpractice?

Medical malpractice claims are not limited to physicians alone. Depending on the facts of a case, multiple healthcare providers or organizations may be legally responsible when negligent medical care results in serious injury or wrongful death. Liability depends on each party’s role in the patient’s treatment and whether they failed to meet the accepted standard of care.

Common parties that may be held liable in a Florida medical malpractice claim include:

Physicians – Primary care doctors, specialists, surgeons, emergency room physicians, and other licensed doctors may be held liable when negligent diagnosis, treatment, surgery, or follow-up care causes patient harm.

Hospitals – Hospitals may be responsible for negligent policies, inadequate staffing, unsafe practices, or the actions of employees such as nurses, technicians, and other healthcare professionals. In some situations, hospitals may also be liable for the conduct of physicians working within their facilities.

Nurses – Registered nurses, licensed practical nurses, and other nursing professionals may be liable for medication errors, failures to properly monitor patients, communication breakdowns, or other departures from accepted nursing standards.

Ambulatory Surgical Centers – Outpatient surgery centers have a duty to provide safe facilities, qualified staff, and appropriate patient care. Failures involving infection control, anesthesia, equipment, or patient monitoring may give rise to a malpractice claim.

Pharmacists and Pharmacies – Medication errors can occur when the wrong medication is dispensed, an incorrect dosage is provided, or dangerous drug interactions are overlooked. These mistakes can lead to serious injuries and, in some cases, wrongful death.

Medical Specialists – Cardiologists, anesthesiologists, radiologists, obstetricians, neurologists, orthopedic surgeons, and other specialists are held to the accepted standard of care within their respective fields. When specialist negligence results in patient harm, they may be held accountable under Florida medical malpractice law.

Determining who may be legally responsible often requires a detailed review of the medical records, the care provided by each healthcare professional, and the circumstances surrounding the injury. Our attorneys work alongside a board-certified physician to evaluate potential claims and identify all parties that may be liable for a patient’s injuries.

Why Choose Di Pietro Partners for Your Medical Malpractice Case?

Medical malpractice claims require more than personal injury experience. They often involve complex medical records, competing expert opinions, and highly technical legal issues. At Di Pietro Partners, our team combines legal and medical experience to help clients pursue claims arising from serious healthcare negligence.

Attorney and Physician Collaboration
Unlike many law firms, our team includes a quadruple board-certified physician who assists in evaluating potential medical malpractice claims. This allows us to analyze both the medical and legal issues involved before moving forward with a case.

Extensive Healthcare Experience
Managing Partner David Di Pietro has represented clients in complex healthcare litigation and previously served as Chairman of Broward Health, one of Florida’s largest public healthcare systems. This experience provides valuable insight into how hospitals, physicians, and healthcare organizations operate.

Trial-Ready Representation
Medical malpractice cases are aggressively defended by hospitals and insurance companies. Our attorneys prepare every case with litigation in mind and have extensive courtroom experience handling complex disputes.

No Fee Unless We Recover Compensation
We handle medical malpractice cases on a contingency fee basis. You pay no attorney’s fees unless we recover compensation on your behalf.

Florida Medical Malpractice Laws

Florida’s medical malpractice laws are designed to govern legal claims arising from alleged negligence by healthcare professionals. These laws establish the criteria for what constitutes medical malpractice, set forth specific procedures for filing claims, and regulate the potential damages that can be awarded to plaintiffs.

Key aspects include the definition of medical malpractice, which typically involves a breach of the standard of care expected from medical professionals, leading to patient harm.

The laws specify a statute of limitations for filing claims, ensuring cases are brought within a reasonable time after the alleged malpractice. Additionally, Florida law requires plaintiffs to provide a pre-suit notice and obtain an expert affidavit to proceed with a claim.

These laws also address damage caps, although recent court rulings have adjusted their applicability. Furthermore, the laws detail the role of arbitration in resolving disputes and the qualifications for expert witnesses in malpractice cases.

Overall, Florida’s medical malpractice laws aim to balance the rights of patients to seek compensation for negligence with the protection of healthcare providers from unfounded claims.

If you’d like to read a more detailed summary of these laws, refer to our comprehensive article on Florida Malpractice Laws.

Standard of Care

All medical professionals in the State of Florida must follow a reasonable “Standard of Care.” This means that regardless of where the doctor is located, they must give the same level of care given to any other patient under similar circumstances. For instance, a doctor in Miami must give the same standard of care that a doctor in Tampa provides his/her patients for a similar procedure. If an individual feels as if they are not given a reasonable standard of care that has resulted in injury or unnecessary suffering, they may have grounds for a malpractice suit. This is specifically defined under Florida Statute 766.101, which states that:

“The prevailing professional standard of care is that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar healthcare providers.”

As an example, if a patient were to come into the Emergency Room complaining of lower right abdominal pain, the prevailing reasonable standard of care would be to press on the abdomen to check for rebound pain. Afterwards, the doctor would order blood work to check the white cell count, and a CT scan, Ultrasound, or X-ray. This would be considered the proper way to rule out appendicitis or other lower abdominal issues and fall under a reasonable standard of care.

However, imagine in the same scenario another doctor that simply tells the patient, “it’s probably just gas pains, you’ll feel better in a few hours.” Then, the doctor sends the 20 year old home without running diagnostic tests and the patient’s appendix ruptures, placing them in a life threatening situation from the resulting infection. In this alternative situation, because the second doctor did not provide what would be considered a reasonable standard of care, they may be sued for malpractice.

Medical Device Injury

If your injury was caused by a surgically implanted medical device such as a metal hip replacement or IVC filter, you may be entitled to compensation from the device manufacturer. Certain devices have been shown to carry an unnecessary high risk of injury in patients. As a result, manufacturers of these products are facing mass litigation by affected individuals.

Di Pietro Partners is pursuing cases against certain manufacturers of defective medical products. You can read more about the individual products and manufacturers our Law Firm is pursuing cases against within the link below.

List of defective medical devices.

It’s important to note, if you were injured by one of these products anywhere in the United States, we may be able to take your case and ensure you receive compensation.

Florida Malpractice Act & Statute of Limitations

Florida’s series of complex Medical Malpractice Laws can be difficult to navigate and understand. The Florida Malpractice Act places the burden of proof upon the plaintiff to prove a medical professional was in fact negligent. In order to do this, another medical professional from the same field will be needed to testify for you. Additionally, causation must be proved, meaning that there must be proof that the medical professional’s actions or failure to act was the cause for your injuries.

On top of this, the State of Florida has a statute of limitations on malpractice cases. According to the medical malpractice statute in The Florida Legislature: (2018)

“An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday…” (Section 95.11 7b)

In other words, in many cases, there is a 2-4 year statute of limitations on malpractice claims in Florida with several exceptions (i.e. a minor child was involved). Furthermore, cases involving fraud, intentional misrepresentation, or concealment carry a 7 year maximum limit on filing a claim. As a result, it’s imperative to have your case reviewed by our legal and medical professionals as soon as possible.

Because of this limited time window, it is absolutely critical that you hire an experienced medical malpractice attorney to investigate your case as soon as possible.

What to Expect During a Medical Malpractice Claim

Medical malpractice claims are often more complex than other personal injury cases because they require extensive medical review and compliance with Florida’s malpractice laws. While every case is unique, the legal process generally follows these steps:

1. Free Case Evaluation
   Your case begins with a confidential consultation where our attorneys learn about your medical treatment, injuries, and concerns. We’ll discuss what happened, answer your questions, and determine whether your claim warrants further investigation.

2. Medical Record Review
   If we move forward, our team obtains and carefully reviews your medical records to better understand your treatment, identify potential errors, and evaluate whether the accepted standard of care may have been breached.

3. Expert Medical Evaluation
   Florida medical malpractice claims typically require review by qualified medical experts. At Di Pietro Partners, our attorneys also work alongside a quadruple board-certified physician to help evaluate the medical issues involved before pursuing a claim.

4. Investigation & Filing the Claim
   Once sufficient evidence has been gathered, we prepare the necessary legal filings and comply with Florida’s pre-suit requirements. Throughout this process, we identify all potentially liable parties and build the strongest case possible.

5. Settlement Negotiations
   Many medical malpractice claims are resolved through negotiated settlements. Our attorneys aggressively negotiate with hospitals, healthcare providers, and insurance companies in an effort to recover fair compensation for our clients.

6. Trial, If Necessary
   If a fair settlement cannot be reached, we are prepared to take your case to court. Our attorneys have significant trial experience and are committed to advocating for clients throughout every stage of the litigation process.

Malpractice Monetary Damages

In Florida, Medical Malpractice cases involve two types of monetary damages: economic damages and non-economic damages. Non-economic damages include emotional distress, pain and suffering, lost companionship, disfigurement, and loss of quality of life On the other hand, economic damages include, medical costs, lost wages, and future wages. For example, if your medical malpractice case involves a permanent injury that prohibits you from ever working, this fact is considered when awarding economic damages. Specifically, a lost limb, blindness, brain damage, or any other permanent disability caused by a healthcare provider’s negligence falls under the economic damages category.

The State of Florida does not place caps on damages resulting from medical errors.

Medical Malpractice Attorney FAQs

This section provides answers to commonly asked questions in relation to medical malpractice in the State of Florida. Visit our medical malpractice FAQ page for a full list of attorney answers to commonly asked questions.

How Much Does a Medical Malpractice Attorney Cost?

The cost of a medical malpractice attorney varies and typically depends on several factors, including the complexity of the case, the attorney’s experience, and geographic location. Medical malpractice attorneys often work on a contingency fee basis, meaning they charge a percentage of any settlement or award obtained, rather than an hourly rate. This percentage can range from 20% to 40%, commonly around 30-33%.

Some attorneys may also charge for additional costs such as filing fees, expert witness fees, and other expenses associated with building a case. It’s important to discuss all potential costs and fee arrangements upfront with your attorney to understand the financial obligations involved.

The medical malpractice lawyers at Di Pietro Partners do not charge a consultation fee for medical malpractice cases. In addition to a free consultation, we also charge no fees until the case is settled. Once we’ve obtained a settlement or verdict for your case, our lawyers generally take 30% of the settlement amount obtained.

Speak With Our Medical Malpractice Attorneys

Di Pietro Partners offers a wide range of skills to tackle the complexities of medical malpractice cases. With a board certified physician on staff, and experience representing both plaintiffs and defendants in complex healthcare/malpractice cases, we’re well equipped to represent you.

The main offices of Di Pietro Partners are located in Fort Lauderdale with satellite offices in Miami, West Palm Beach, and other locations. Our lawyers serve clients all across the State of Florida as well as out-of-state clients whose injury occurred within Florida.

Contact one of our experienced medical malpractice attorneys today for a free consultation.