Medical Malpractice Attorney Florida
Over 40 Years Experience

Experienced Florida Medical Malpractice Lawyer

Holding Negligent Doctors, Hospitals, and Healthcare Providers Accountable for Patient Harm.

  • Focused on Complex Cases: Diagnostic Errors, Surgical Mistakes & More
  • Millions Recovered for Injured Patients
  • No Fee Unless We Win Your Case
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Seeking Justice When Medical Trust is Broken

When we seek medical care, we place our health and our very lives in the hands of doctors, nurses, and hospitals. We trust them to provide competent care that meets established medical standards. While most healthcare professionals are dedicated and skilled, preventable errors can and do happen. When this negligence leads to serious injury, permanent disability, or the loss of a loved one, the consequences are devastating.

Medical malpractice occurs when a healthcare provider’s negligent act or omission deviates from the accepted standard of care, directly causing harm to a patient.

At Levine & Levine Attorneys, P.A., we understand the anger, confusion, and profound loss that victims of medical negligence experience. For over 40 years, experienced Florida medical malpractice lawyer Lisa Levine has been a fierce advocate for patient rights, fighting to secure the justice and financial resources families need to move forward.

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Proving Negligence in a Florida Medical Malpractice Claim

Medical Negligence Lawyer FL

A negative medical outcome, while unfortunate, is not enough on its own to prove malpractice. To succeed in a medical malpractice claim in Florida, we must legally establish that the healthcare provider was negligent and that their negligence was the direct cause of your harm. This involves proving four key elements:

  1. Duty of Care: A doctor-patient relationship existed. This professional relationship legally obligated the provider to offer care that meets the accepted medical standards for their specialty and community.
  2. Breach of the Standard of Care: This is the core of the case. We must prove that the provider’s actions — or failure to act — fell below what a reasonably competent and skilled healthcare professional would have done under similar circumstances. Establishing this breach of duty almost always requires in-depth analysis and compelling testimony from qualified medical experts.
  3. Causation: The provider’s negligence must be the direct and proximate cause of your injury. We must demonstrate that, more likely than not, the harm you suffered would not have occurred if the provider had adhered to the proper standard of care.
  4. Damages: You must have suffered actual, compensable losses as a result of the injury. This includes physical pain, emotional suffering, additional medical bills, lost income and future earning capacity, and a diminished quality of life.

Not every medical or diagnostic error qualifies as medical malpractice. Building a case that successfully proves all four of these elements is a complex legal and medical challenge. It requires a meticulous investigation of records, a deep understanding of Florida malpractice law, and a network of credible medical experts. Lisa Levine and her team have the experience and resources to handle this entire process on your behalf, allowing you to focus on your recovery.

Types of Medical Malpractice Cases We Handle

Levine & Levine Attorneys, P.A. has extensive experience handling a wide range of complex medical malpractice claims across Florida, including:

  • Failure to Diagnose / Misdiagnosis: Cases involving delayed or incorrect diagnosis of critical conditions like cancer (including breast cancer misdiagnosis) and stroke, leading to worsened outcomes.
  • Surgical Errors: Preventable mistakes during surgery, including wrong-site surgery, retained instruments, anesthesia errors, and post-operative negligence.
  • Birth Injuries: Representing families whose children suffered devastating injuries like cerebral palsy or Erb’s palsy due to negligence during labor and delivery.
  • Hospital Negligence: Holding hospitals accountable for systemic failures, nursing errors, medication mistakes, and hospital-acquired infections.
  • Dental Malpractice: Representing patients harmed by negligent dental care, including extractions, implants, and failure to diagnose oral diseases.
  • Cauda Equina Syndrome: A specialized focus on cases involving the failure to timely diagnose and treat this neurological emergency.
  • Medication Errors: Harm caused by prescribing or administering the wrong drug or dosage.
  • Dental Malpractice: Representing patients harmed by negligent dental care, including botched extractions, failed implants, nerve damage, and failure to diagnose oral cancer.
  • Anesthesia Errors: Injuries or death resulting from improper administration or monitoring of anesthesia.
  • Radiology Errors: Misinterpretation of X-rays, CT scans, and MRIs leading to delayed or incorrect treatment.
  • Emergency Room Errors: Negligent care in a fast-paced ER setting that leads to patient harm.

Learn more: What qualifies as malpractice in a cancer misdiagnosis case

Who Can Be Held Liable for Medical Negligence?

Liability in a medical malpractice case is not always limited to a single doctor. Depending on the circumstances, multiple parties may be held responsible, including:

  • Laboratories and Diagnostic Facilities.
  • Nurses and Physician Assistants.
  • Outpatient Clinics and Surgical Centers.
  • Pharmacists and Pharmacies.
  • Dental Professionals: Dentists, oral surgeons, and orthodontists.
  • Hospitals and Medical Centers: For the negligence of their employees, inadequate staffing, faulty equipment, or poor policies.
  • Physicians: Surgeons, primary care doctors, specialists (e.g., radiologists, oncologists, anesthesiologists).

A thorough investigation is necessary to identify all potentially liable parties to ensure you can pursue full compensation.

What happens if your doctor is uninsured? Learn how to pursue a bare doctor claim in Florida.

Why Choose Our Florida Medical Malpractice Attorney?

Medical malpractice cases are among the most complex and aggressively defended types of litigation. Success requires an attorney with specific experience, resources, and unwavering dedication. Clients across Florida choose Levine & Levine because:

  • Over 40 Years of Focused Experience: Lisa Levine has dedicated her entire career to medical malpractice and serious personal injury law. This is not a side practice; it is her primary focus.
  • Elite Peer Recognition: As a member of the American Board of Trial Advocates (ABOTA) and holding an AV Preeminent® Rating from Martindale-Hubbell, Lisa Levine is recognized by her peers for her exceptional trial skills and ethical standards.
  • Proven Record of Success: Our firm has a history of securing multi-million dollar case results for victims of medical negligence.
  • Access to Leading Medical Experts: We have a nationwide network of respected medical professionals who provide crucial expert testimony to build and support our cases.
  • Personalized, Compassionate Representation: We understand the trauma you have endured. You will receive direct attorney access and supportive guidance throughout the legal process. (Read Our Client Reviews).
  • No Upfront Fees – Contingency Basis: We handle all cases on a contingency fee. You pay no attorney fees unless we win a recovery for you.
Lisa Levine Medical Malpractice

Compensation for Medical Malpractice Victims in Florida

If you have been harmed by medical negligence, you may be entitled to recover compensation for a wide range of damages, including:

Economic Damages

– Tangible financial losses like past and future medical expenses, lost wages, and diminished earning capacity.

Non-Economic Damages:

– Intangible losses such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium for a spouse.

Wrongful Death Damages

– If medical malpractice led to the death of a loved one, surviving family members may seek compensation for their losses.

We meticulously evaluate all damages to pursue the full and fair recovery you deserve.

On damages caps: Following the Florida Supreme Court’s decisions in McCall v. United States (2014) and North Broward Hospital District v. Kalitan (2017), there is no longer a statutory cap on noneconomic damages in most Florida medical malpractice cases. Exceptions apply for claims against government-owned hospitals (Florida Statute 768.28) and certain wrongful death cases under Florida’s “free kill” law (Florida Statute 768.21(8)). Learn more about what the courts decided.

On Medicare and Medicaid liens: If Medicare, Medicaid, or a private health plan paid for treatment related to your injury, a portion of your settlement may need to go toward reimbursing those costs before you receive your net recovery. Learn how Medicare and Medicaid liens work after a Florida malpractice settlement.

How We Build Your Florida Medical Malpractice Case: A Step-by-Step Process

Building a successful medical malpractice claim is a meticulous and strategic process that requires significant legal skill, resources, and medical expertise. At Levine & Levine Attorneys, we handle every aspect of this complex journey so you can focus on your health and recovery. Our comprehensive approach includes:

01

Free Consultation and Initial Investigation

It all starts with a free, confidential conversation where we listen to your story. We will ask detailed questions to understand the timeline of your medical care, the harm you’ve suffered, and the impact it has had on your life.

02

Gathering All Relevant Evidence

We immediately begin the crucial process of collecting all necessary evidence. This includes obtaining complete copies of your medical records, hospital charts, imaging studies (X-rays, MRIs), lab results, billing statements, and any other documentation related to your care.

03

Expert Medical Review

This is one of the most critical steps. We work with a network of highly qualified, board-certified medical experts in the same specialty as the healthcare provider in question. These experts will conduct a thorough review of your records to provide an honest, professional opinion on whether the standard of care was breached and if that breach caused your injuries.

04

Satisfying Florida’s Pre-Suit Requirements

Before a lawsuit can be filed in Florida, we must follow a mandatory pre-suit investigation process. This involves sending a “Notice of Intent to Initiate Litigation” to all potential defendants, supported by a verified written medical expert opinion.

05

Discovery, Negotiation, and Mediation

Once a case is formally underway, we enter the discovery phase, where we gather more evidence through depositions (sworn testimony) and other legal tools. Throughout this process, we engage in skillful negotiations with the defense attorneys and insurance companies, always from a position of strength. Many cases are resolved through settlement or formal mediation.

06

Trial Preparation and Litigation

While the majority of cases settle, we prepare every single case as if it is going to trial. As a seasoned trial attorney, Lisa Levine is not afraid to take your fight to the courtroom if a fair settlement offer is not made. We are committed to presenting the most compelling case possible to a judge and jury.

Our diligent, step-by-step approach ensures that every detail is analyzed and every legal avenue is explored in the pursuit of the maximum compensation you deserve.

Learn why requesting your medical records early is the most critical step you can take.

Proven Results in Medical Malpractice & Failure to Diagnose Cases

$2,500,000

jane doe
v. surgeon and hospital

Following a laminectomy where she sustained an intraoperative injury, Jane Doe (66) developed immediate CES signs. A hematoma was untimely diagnosed, and surgery to evacuate it occurred 4 days post-op, leaving her with permanent severe pain, gait issues, saddle anesthesia, and bowel/bladder dysfunction.

$2,500,000

estate of john doe
v. hospital

Our client, a 40-year-old father of 2 minor children, entered the hospital for pain management because of kidney stones. He was given Demerol for pain management. Demerol is a respiratory suppressant and the patient needs to be monitored closely. He died within 24 hours due to hospital’s failure to monitor the patient.

See More Case Results

Disclaimer: Past results do not guarantee future outcomes. Every case is unique.

Frequently Asked Questions About Florida Medical Malpractice

Under Florida Statute 95.11, you generally have two years from the date you discovered, or reasonably should have discovered, that you were injured and that the injury may have been caused by medical negligence. An absolute four-year statute of repose applies from the date of the malpractice, meaning a lawsuit generally cannot be filed after four years regardless of when the injury was discovered.

If the provider used fraud or concealment to hide the error, the deadline can extend up to seven years. Special rules apply to young children. Because Florida also requires a mandatory pre-suit investigation period before a lawsuit can be filed, do not wait to contact an attorney.

Learn more about Florida’s medical malpractice statute of limitations.

The most important thing you can do right away is request copies of your complete medical records from every provider involved in your care — before the provider knows legal action may be coming. Beyond that, document your symptom timeline, preserve any test results or imaging you have access to, and write down everything you remember about your conversations with providers.

When you contact us, we handle the rest: obtaining records, retaining medical experts, completing Florida’s mandatory pre-suit investigation, and building your case. You do not need to have everything figured out before you call.

Levine & Levine Attorneys handles medical malpractice cases on a contingency fee basis. You pay no attorney fees unless we win a recovery for you. Case costs — including medical expert fees, deposition costs, and record retrieval — are advanced by the firm and deducted from the recovery if we win. If we do not recover on your behalf, you are not responsible for those costs. There is no upfront cost to get started.

Learn more about the cost of pursuing a Florida malpractice case.

Not every bad outcome is grounds for a malpractice claim. Medicine involves uncertainty, and even the most skilled physicians do not always achieve the outcome they hoped for. What the law requires is that the doctor met the accepted standard of care — what a reasonably competent physician in the same specialty would have done under the same circumstances.

If the doctor met that standard and the outcome was still poor, there is generally no malpractice claim. If the doctor fell below that standard and that failure caused you harm, there may be. The only way to know for certain is to have your records reviewed by a medical expert. Contact us for a free consultation and we will give you an honest assessment.

Learn more about what it takes to win a malpractice lawsuit in Florida.

Speak With an Experienced Florida Medical Malpractice Lawyer

If you suspect that you or a loved one has been a victim of medical negligence in Fort Lauderdale, Weston, or anywhere in Florida, it is critical to act quickly to protect your legal rights. Florida has a strict statute of limitations for filing medical malpractice claims.

Contact Levine & Levine Attorneys today for a free, confidential consultation. We will listen to your story, answer your questions, and provide a clear assessment of your legal options.

Schedule Your Free Medical Malpractice Case Review