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When a doctor, nurse, or other medical professional causes you harm due to negligent action or inaction, you may incur severe damages such as a long-term injury, additional medical bills, emotional trauma, lost wages, and more.

florida medical malpractice attorney

Our skilled Florida medical malpractice lawyer can help you get compensated for your financial losses following an injury that should never have occurred.

We’ll work hard to obtain total compensation on your behalf by providing the following:

  • You are a patient of the doctor or other medical professional
  • The doctor or medical professional’s actions were negligent or wrongful
  • Their negligent or wrongful act caused your injury or your loved one’s death
  • The injury resulted in damages that are covered by the law and can be claimed in court

Meet with the Florida personal injury team at Lytal, Reiter, Smith, Ivey & Fronrath for a free, no-obligation consultation. Contact us online or call (561) 655-1990 today.

What steps should you take after experiencing medical malpractice?

Remember the following if you suspect you’ve been the victim of malpractice. Following these steps can help ensure you protect your health and can help you obtain compensation.

1. Get a second opinion

If a patient believes they have been a victim of medical malpractice, they have the right to seek a referral to another health care provider. Depending on your insurance or the type of doctor you were seeing, your current treating physician might need to give you a referral. 

2. Obtain copies of your medical records

You have the right to obtain a copy of your medical records. These records can be used to help establish the facts of your case and can be helpful in proving that the healthcare provider failed to meet the standard of care required of them.

In most cases, the healthcare provider must provide patients with a copy of their medical records within a specific timeframe. Florida statute doesn’t specify a precise deadline, but most providers adhere to the HIPAA Privacy Rule, which requires that the records be provided no later than 30 days after the request was made. Your provider may charge you a reasonable fee for gathering and copying your records.

3. Meet with a Florida medical malpractice lawyer

Meeting with a Florida medical malpractice attorney can provide valuable information about your legal rights and options. They’ll review your medical records and other relevant information to determine if there’s a valid case of medical malpractice. If they feel your case is valid, they can guide you on how to proceed so you can make an informed decision.

4. Report the incident to the appropriate licensing boards

Reporting the incident to the appropriate licensing board can help ensure that the healthcare professional is held accountable for their actions and that proper disciplinary action is taken. It can also help prevent future incidents of malpractice by the same healthcare professional.

5. Manage your condition carefully

To minimize further harm, you must manage your condition carefully. This may involve seeking follow-up care from another healthcare provider, following their recommended treatment plans, and monitoring your condition closely for any changes or complications.

Medical malpractice claims we handle


Misdiagnosis can potentially be considered medical malpractice if:

  • The healthcare provider failed to provide care that falls under the “standard of care.”
  • That failure caused harm to the patient.

florida medical malpractice attorney misdiagnosis

However, it is essential to note that not all misdiagnoses are considered malpractice. Each case must be evaluated on its own merits.

Delayed diagnosis

In cases of delayed diagnosis, the healthcare provider’s failure to meet the standard of care can include:

  • Failure to order appropriate tests or refer the patient to a specialist in a timely manner
  • Failure to recognize and act on symptoms or signs of a condition
  • Failure to correctly read or interpret diagnostic test results

Negligent failure to treat

This refers to a situation where a healthcare provider fails to provide appropriate treatment for a patient’s condition despite having a duty to do so. It can occur when a healthcare provider fails to diagnose a condition or fails to provide appropriate treatment for a condition that has been diagnosed. 

Surgical malpractice

There are many potential examples of surgical malpractice. Some common examples include:

  • Operating on the wrong body part or the wrong patient
  • Performing the wrong procedure
  • Leaving surgical instruments or other foreign objects inside the patient’s body after the surgery

Birth injuries

A birth injury can be considered medical malpractice if it’s determined that:

  • The healthcare provider failed to meet the standard of care during pregnancy, labor, delivery, or the postpartum period
  • This failure caused harm to the mother or baby

florida medical mapractice attorney 2

Improper follow-up/aftercare

Several different types of improper follow-up care may be considered malpractice, including:

  • Failing to schedule follow-up appointments or diagnostic tests after a treatment or procedure
  • Not monitoring the patient’s condition or progress after a treatment or procedure
  • Failing to provide appropriate post-operative care or instructions
  • Not recognizing or responding to complications or adverse reactions to a treatment or procedure
  • Refusing or failing to refer the patient to a specialist when necessary

Make sure you file your claim in time

In Florida, the statute of limitations (or deadline)for filing a medical malpractice lawsuit is two years after the injury was discovered or could reasonably have been discovered. 

There are other exceptions, such as cases involving fraud or minors. Although two years might seem like a long time, you should act immediately so your Florida medical malpractice attorney can gather the evidence before it disappears. If you don’t file your lawsuit within the statute of limitations, you might not be able to file a claim, leaving you unable to seek compensation for your injuries.

Potential damages you can claim

Your damages are the financial losses you’ve incurred due to your injury caused by malpractice. Examples include the following.

Economic damages

These are tangible damages, such as medical bills and lost wages. Not only do these include the expenses you’ve already incurred and the salaries or work benefits you lost because you were unable to work, but you can also seek future damages.

These future damages include medical treatment, rehabilitation, and prescriptions you might need, as well as future wages you’ll lose if you’re unable to work.

Non-economic damages

Non-economic damages are subjective, such as pain and suffering and loss of quality of life. You’ll need a skilled Florida medical malpractice lawyer who knows how to accurately value these damages because they can’t be proven with receipts and pay stubs.

We’ll work to obtain maximum compensation.

Attorneys with Lytal, Reiter, Smith, Ivey & Fronrath know how to defeat large healthcare corporations and their insurance providers. We’ll be ready to use that knowledge to help you get the money you deserve.

Multiple parties may be liable for your injury.

You may be able to take legal action against several parties that played a role in causing your injury, including the following:


Examples of malpractice committed by a doctor include misdiagnosis, surgical errors, failure to obtain informed consent, and failure to monitor a patient’s condition properly. 


A nurse can be liable for malpractice by administering the wrong medication or dosage, failing to monitor a patient’s condition properly, or failing to document a patient’s care properly. 


An anesthesiologist can be liable if they fail to recognize and manage complications that occur during or after surgery, such as respiratory failure, cardiac arrest, or nerve damage. 

Physician assistants

Physician assistants may fail to communicate important information to the supervising physician or other members of the healthcare team, leading to mistakes or delays in care.


Pharmacists can be liable for malpractice if they fail to recognize and report medication errors, such as drug interactions or allergies. They can also be responsible if they fail to provide appropriate counseling to patients about the use of medication. 

Medical device manufacturers or distributors

A medical device manufacturer or distributor may produce or distribute a defective device that can harm the patient. They may also fail to adequately monitor the device after it has been released to the public. These can lead to either or both of them being partially liable for your damages.

Laboratory technician

If a laboratory technician mislabels a sample or fails to sterilize equipment properly, they could be held liable for any resulting harm.


A hospital can be held liable for malpractice committed by independent contractors, such as doctors if it is found that the hospital was negligent in hiring or supervising them.

Medical Facility

A medical facility, such as an urgent care clinic, may face malpractice liability for failing to properly diagnose a patient properly, providing substandard care, or properly supervising staff. It may also be held liable for malpractice if it fails to refer a patient to a proper facility or specialist for treatment when necessary.

How can our malpractice attorneys prove malpractice?

A Lytal, Reiter, Smith, Ivey & Fronrath Florida medical malpractice attorney will investigate your case to determine who’s liable and what happened. They’ll gather relevant evidence such as your medical records, doctor’s notes, opinions from medical experts, and possibly witness statements.

Your lawyer will then negotiate a fair settlement with the insurance company. If the insurance company isn’t willing to agree to a fair and reasonable settlement, your attorney will be well-prepared to defeat the insurer in court.

What’s the cost of hiring a Florida medical malpractice lawyer?

Our firm works on a contingency basis, meaning you won’t pay a dime unless we achieve a successful result for you. 

Let our Florida medical malpractice lawyers help.

Whether you or a loved one has been a victim of medical malpractice, we’ll help you obtain maximum compensation for your losses and suffering. We have an established reputation as one of the most respected and successful plaintiff’s law firms in Florida – check out our case results.

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To schedule your free, no-obligation consultation with a leading Florida medical malpractice lawyer at Lytal, Reiter, Smith, Ivey & Fronrath, call us at (561) 6 5-1990 today. We look forward to hearing from you!

Areas we serve

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Practice Areas
Practice Areas
Personal Injury

Our experienced Florida personal injury lawyers have successfully managed a wide variety of complex cases. We are dedicated to helping you get the compensation you deserve.

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Car Accident

Our skilled attorneys handle car accident cases with the expertise needed to navigate the legal complexities and secure maximum compensation for our clients.

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Truck Accident

Truck accidents require specialized knowledge and resources. Our team is well-equipped to tackle these challenging cases and fight for your rights.

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Wrongful Death

Losing a loved one is devastating. Our compassionate lawyers are here to support you through this difficult time and pursue justice on your behalf.

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Motorcycle Accident

Motorcycle accidents can result in severe injuries. We are committed to advocating for motorcyclists and ensuring they receive fair compensation.

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Medical Malpractice

Medical errors can have life-altering consequences. Our attorneys have the expertise to hold healthcare providers accountable and seek justice for victims.

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Nursing Home Abuse

Protecting the rights of nursing home residents is a priority. Our dedicated lawyers work tirelessly to expose and rectify instances of abuse and neglect.

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Important Notice: Safety is our top priority at Lytal, Reiter, Smith, Ivey & Fronrath. You can access our services from home via phone, online chat, Facetime, or Zoom. Our aim is to provide justice while safeguarding everyone’s health.

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