Medical Malpractice Lawyer

Harmed by a medical mistake? These cases are complex and hard-fought. We have the resources to hold providers accountable.

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Doctors, nurses, and hospitals hold a position of extraordinary trust. When you seek medical care, you place your health — and your life — in their hands. Most providers work hard to do right by their patients. But when a medical professional falls below the standard of care, the consequences can be catastrophic: permanent disability, worsening illness, or death.

If you believe a medical error harmed you or a family member, you need an attorney who understands both the medicine and the law. Eric A. Hernandez is a Coral Springs medical malpractice lawyer with more than 25 years of trial experience. Before entering private practice, Eric served as an Assistant U.S. Attorney (AUSA) in the Southern District of Florida and clerked for Chief Justice Charles T. Wells of the Florida Supreme Court. Hospital legal teams and insurers defend these cases hard — Eric’s complex litigation background prepares him to meet that challenge directly.

Call HLM Injury Lawyers at (305) 842-2100 or reach out online for a free consultation. You pay nothing unless we win.

Common Types of Medical Malpractice in Florida

Medical malpractice can occur in hospitals, outpatient clinics, surgical centers, doctor’s offices, and emergency rooms. Common claims include:

Surgical Errors: Operating on the wrong site, leaving foreign objects in a patient’s body, or damaging surrounding tissue can cause serious and permanent harm.
Misdiagnosis: When a doctor fails to identify a condition — or diagnoses the wrong illness entirely — a patient may receive harmful treatment, or none at all, while the real condition worsens.
Delayed Diagnosis: An unreasonable delay in reaching the correct diagnosis can let a serious condition such as cancer, stroke, or infection progress beyond effective treatment.
Medication Errors: Prescribing the wrong drug, the wrong dosage, or a medication that dangerously interacts with another can cause serious injury or death.
Birth Injuries: Errors during labor and delivery — improper instrument use, failure to monitor fetal distress, or a delayed cesarean section — can permanently injure a newborn or mother.
Anesthesia Errors: Administering too much or too little anesthesia, or failing to review contraindications, can lead to brain damage or death.
Failure to Obtain Informed Consent: A provider must explain material risks before proceeding. Performing a procedure without a patient’s informed consent may constitute malpractice.
Nursing Home Negligence: Medication mismanagement, failure to prevent falls, and neglect of basic needs can seriously harm vulnerable patients.

Common Injuries Caused by Medical Malpractice

Medical errors can cause a wide range of injuries — from treatable to permanently life-altering:

Permanent Disability: Surgical errors, anesthesia mistakes, and untreated conditions can leave lasting impairment that prevents a patient from living or working as before.
Brain Damage: Oxygen deprivation during surgery, delayed stroke treatment, and serious medication errors can cause permanent neurological harm.
Worsened Medical Condition: A delayed or incorrect diagnosis lets the underlying illness progress, often making effective treatment far harder.
Wrongful Death: When medical negligence takes a life, surviving family members may have a wrongful death claim.
Birth Injuries: Conditions such as cerebral palsy and hypoxic-ischemic encephalopathy (HIE) from labor and delivery errors can cause lifelong impairment.
Severe Scarring and Disfigurement: Surgical mistakes and infections from negligent care can leave permanent physical harm.
Chronic Pain: Nerve damage and improperly treated injuries can result in long-term or permanent pain.
Psychological Harm: The trauma of a serious medical error often causes lasting emotional suffering, including anxiety and depression.

What to Do After a Medical Error in Florida

Step 1 — Seek care from a different provider. If you believe negligence harmed you, consult another doctor or specialist for a second opinion and proper treatment.

Step 2 — Request your medical records. You have the right to your records. Gather them from every provider involved and keep them safe.

Step 3 — Document your experience. Write down what happened, when it happened, what you were told, and how you have been affected. Notes made close in time to the events are valuable evidence.

Step 4 — Do not confront the provider. Demanding answers from the hospital or physician without legal guidance can complicate your case.

Step 5 — Do not sign anything. Risk management teams may reach out quickly after a serious outcome. Do not sign documents or accept offers without first consulting an attorney.

Step 6 — Contact a medical malpractice attorney. Florida has specific procedural requirements for malpractice claims. An experienced attorney can evaluate your case and guide you through them from the start.

Florida Law and Medical Malpractice Claims

The foundation of every medical malpractice claim is the standard of care — the level of skill, care, and treatment a reasonably competent provider in the same specialty would deliver under similar circumstances. You must show, typically through expert medical testimony, that the provider fell below that standard and that the departure caused your injury.

Malpractice turns on two distinct questions: Did the provider deviate from the standard of care? And did that deviation cause the harm? A bad outcome is not automatically malpractice — complications can occur even when a provider does everything correctly.

Florida’s modified comparative negligence rule applies — if you are found 51% or more at fault, you cannot recover. A patient who is exactly 50% at fault can still recover.

Florida also has specific pre-suit requirements that must be satisfied before a medical malpractice lawsuit can be filed. These steps are technical and time-sensitive, so consulting an attorney early is critical.

Act Quickly — Deadlines Apply

Medical malpractice claims are governed by strict filing deadlines, and waiting too long can bar your claim entirely. The exact deadline depends on the facts of your case, which is why it is critical to consult an attorney as early as possible.

These cases also require thorough preparation: gathering records, retaining expert witnesses, and completing the pre-suit requirements. All of that takes time. The sooner you act, the stronger the case your legal team can build.

If a loved one died as a result of medical negligence, the wrongful death deadline is two years.

Call HLM Injury Lawyers at (305) 842-2100 today. Do not let a deadline make your decision for you.

Why Hire Eric Hernandez for Your Medical Malpractice Case

Former federal prosecutor. Eric served as an Assistant U.S. Attorney in the Southern District of Florida — a career spent handling complex, high-stakes litigation against well-funded opponents and taking cases all the way to trial.
Judicial clerkship at the Florida Supreme Court. Eric clerked for Chief Justice Charles T. Wells, giving him a deep foundation in how Florida courts analyze complex legal and evidentiary issues.
25+ years of trial experience. Hospital defense teams and insurers know Eric is prepared to try cases, and that preparation matters at every stage.
Admitted to the U.S. Supreme Court Bar. A mark of the caliber of legal work Eric has pursued throughout his career.
Bilingual — English and Spanish. Eric and the HLM Injury Lawyers team serve the South Florida community in both English and Spanish.

Frequently Asked Questions

What is medical malpractice?

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care and that failure injures a patient. Not every medical error is malpractice, and not every bad outcome involves negligence. An attorney can evaluate the specific facts of your case.

What is the standard of care?

The standard of care is the level of skill and treatment a reasonably competent provider in the same specialty would deliver under similar circumstances. Expert testimony is generally required to establish what the standard was and whether it was met.

How is malpractice different from a bad outcome?

Malpractice requires showing the provider deviated from the standard of care — not simply that the result was poor. Complications can occur even with proper care. Expert witnesses help establish this distinction.

How long do I have to file a medical malpractice claim in Florida?

Medical malpractice claims are subject to strict filing deadlines, and Florida also requires specific pre-suit steps before a lawsuit can be filed. Because the applicable deadline depends on the facts, contact an attorney as early as possible to protect your rights.

What evidence do I need for a medical malpractice case?

Key evidence includes medical records, documentation of the injury’s impact, and opinions from qualified medical experts who can testify about the standard of care and how it was breached.

How long does a medical malpractice case take?

These cases often take several years, given pre-suit requirements, expert retention, discovery, and a potential trial. Eric can give you a realistic timeline after reviewing your case.

Contact HLM Injury Lawyers — Free Consultation

Medical malpractice cases are among the most complex in personal injury law. They demand deep legal knowledge, careful preparation, and the courage to take on well-funded opponents.

Eric A. Hernandez and HLM Injury Lawyers are committed to fighting for patients and families harmed by medical negligence. We serve clients in Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, and throughout Broward County and South Florida.

Call (305) 842-2100 or visit 3301 N. University Dr., Suite 100, Coral Springs, FL 33065. Your consultation is free, and you pay nothing unless we win.