Miami Gallbladder Malpractice Lawyer

Florida puts a structured investigation in front of every medical malpractice lawsuit. Before filing, your lawyer has to find reasonable grounds for the claim and back them with a verified written opinion from a qualified medical expert, sent along with the notice of intent.

That notice goes to each prospective defendant by a verifiable method such as certified mail. Then a suit may not be filed for 90 days while the defendant's insurer reviews the claim, and a defendant that does not respond within that period is treated as having rejected it.

The process takes time, and it has to happen inside the limitations period. That is why the records request and the expert review come first in every Florida case we take on.

A Florida malpractice action must be commenced within two years from the incident, or from when it was discovered or should have been, and in no event later than four years after it. The four-year limit does not bar an action brought on behalf of a child on or before the child's eighth birthday.

Mailing the notice of intent pauses the clock for the 90-day investigation period. It does not create extra time before the notice is sent, so we plan the review around the deadline you actually have.

Florida limits who can recover certain damages when medical negligence causes a death. Under section 768.21(8), adult children cannot recover for lost parental companionship or their own pain and suffering, and the parents of an adult child cannot recover for their mental pain and suffering.

For this purpose Florida treats children under 25 as minor children. The rule does not end the case: a surviving spouse, minor children and the estate can still recover the damages the statute allows them.

If you lost someone after gallbladder surgery, we can explain which of those damages apply to your family before you decide anything.

A malpractice case against a Miami hospital or surgeon is usually filed in the circuit court of the Eleventh Judicial Circuit, which serves Miami-Dade County. Florida's presuit steps have to be complete before that filing.

Florida's rule barring recovery for a person more than half at fault does not apply here. The statute that created it expressly excludes medical negligence claims under chapter 766, so a patient's share of fault reduces damages without barring them.

Our Miami office reviews gallbladder and bile duct injury cases from across Miami-Dade County and South Florida. Adam Zayed, who founded the firm, holds a Florida license as well as an Illinois one.

Our pages on gallbladder cancer misdiagnosis and laparoscopic cholecystectomy errors cover two more ways gallbladder care can go wrong.

You can call at any hour. The consultation is free, and there is no fee unless we win.