Trust is fundamental to medical care and elder care. When healthcare providers breach that trust through negligence, or when nursing homes fail to protect vulnerable residents, the consequences can be devastating. At Sue Miami Law Group, we understand the complex medical and legal issues these cases involve and fight tirelessly to hold negligent providers accountable.
From surgical errors at a big hospital or nursing home abuse in assisted living facilities across Miami-Dade County, we have the experience and determination to secure justice for victims and their families.
When healthcare providers or nursing homes breach their duty of care, the consequences can be devastating. Our team has the specialized knowledge to prove negligence.
Medical malpractice and elder abuse cases demand attorneys who understand both the medical complexities and Florida’s unique legal requirements. Our team has spent years building relationships with medical experts, nursing home investigators, and elder care specialists throughout South Florida.
Florida has strict procedural requirements for medical malpractice cases that many attorneys struggle to navigate. We understand the pre-suit investigation process mandated by Florida Statutes §766.203, which requires expert medical review before filing any claim. Our team works with board certified physicians who can evaluate your case and provide the necessary affidavits of merit to proceed with litigation.
We also understand Florida’s notice requirements under Florida Statute §766.106, which mandates a 90-day investigation period after serving notice of intent to sue.
This process allows for early resolution discussions while preserving all legal rights. Many cases settle during this period when handled properly.
Our experience with Miami’s major medical institutions gives us insight into common problems and systemic issues. We understand the unique challenges at hospitals, the pressures facing emergency departments during tourist season, and the staffing issues plaguing many local nursing homes. This knowledge helps us identify liability and build stronger cases.
Elder abuse cases require specialized investigation techniques. We work with the Miami-Dade Elder and Vulnerable Adult Exploitation Unit and understand how to coordinate with Adult Protective Services investigations. Our team knows how to document evidence properly, interview vulnerable witnesses, and work with medical professionals to establish timelines of abuse or neglect.
Florida medical malpractice settlements average $268,466, with the state recording over $346 million in total payouts annually. However, these numbers don’t tell the whole story. Our experience shows that cases involving catastrophic injuries or clear negligence often settle for significantly higher amounts, sometimes reaching into the millions.
Nursing home abuse settlements in Florida typically range from hundreds of thousands to over $1 million, with wrongful death cases averaging between $400,000 and $1 million. Recent notable settlements include $12.5 million for a wrongful death involving sepsis from bedsores and $2.5 million for sexual assault by staff members.
Florida law gives you two years from the date you discover your injury to file a medical malpractice lawsuit, but no more than four years from the date of the incident regardless of when you discover it. There’s also a statute of repose that bars claims filed more than 12 years after the negligent act, even if discovered within the two year window. These deadlines are strict, so immediate legal consultation is crucial to preserve your rights.
A successful medical malpractice case requires proving four elements, the healthcare provider owed you a duty of care, they breached that duty by deviating from accepted medical standards, this breach directly caused your injury, and you suffered damages as a result. We work with medical experts who can review your records and testify that the care you received fell below acceptable standards. Strong cases typically involve clear documentation, expert medical testimony, and significant damages that justify the litigation costs.
Warning signs of nursing home abuse include unexplained injuries, rapid weight loss, poor hygiene, bedsores, medication errors, fear around certain staff members, and withdrawal from family. Physical signs might include bruises, broken bones, or sexually transmitted infections. Financial abuse signs include missing personal items, unauthorized withdrawals, or sudden changes to financial documents. If you notice any concerning changes in your loved one’s physical condition, emotional state, or financial situation, contact authorities and an attorney immediately.
Florida nursing home abuse settlements can include medical expenses, pain and suffering, emotional distress, relocation costs, and funeral expenses if death occurs. Settlement amounts vary widely based on injury severity, with many cases settling for hundreds of thousands of dollars and severe cases reaching $1 million or more. Recent Florida settlements include $2.1 million for stage 4 bedsores, $1.8 million for fatal sepsis, and $1.3 million for a wandering death. Wrongful death cases typically range from $400,000 to over $1 million depending on circumstances.
Yes, Florida law protects elderly persons from financial exploitation, which includes unauthorized use of funds, assets, or property. You can seek compensation through civil lawsuits while criminal charges may also apply under Florida Statute 825.103. Financial exploitation cases can involve caregivers, family members, or strangers who take advantage of cognitive decline or physical vulnerabilities. The Miami-Dade Elder and Vulnerable Adult Exploitation Unit prosecutes these crimes while civil attorneys can help recover stolen assets and secure damages for the harm caused.
Medical malpractice and elder abuse cases have strict time limits and require immediate action to preserve evidence. Medical records can be altered or lost, witnesses’ memories fade, and statutes of limitations expire. In nursing home cases, facilities often transfer or terminate staff members quickly to avoid liability.
Florida’s complex procedural requirements for medical malpractice cases mean that delays can be fatal to your claim. The pre-suit investigation period alone takes months, and gathering expert medical opinions requires time and specialized knowledge.
For elder abuse cases, continuing abuse puts vulnerable victims at ongoing risk. Early intervention can prevent further harm while preserving evidence needed for both criminal prosecution and civil recovery.
Our attorneys are available 24/7 to evaluate your case for free.
JD
“Victor is hands down one of the best, if not the best personal attorney in Miami. No matter what you’re dealing with, this man is honest, relentless, confident, and worth every penny.”
8660 West Flagler Street, Suite 100, Miami, FL 33144