Hospital Negligence Overview

Seeking Justice for Hospital Negligence

Under Florida law, injured victims and their families can seek financial compensation for their injuries and damages from negligent hospitals and medical centers. Each trusted hospital negligence attorney in Miami at The Alvarez Law Firm is an experienced and skilled advocate for patients and their loved ones. If you suffered injury or lost a loved one because of hospital negligence, we can help you achieve the maximum financial compensation to which you are entitled. 

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What Are Common Injuries in Miami That Result from Hospital Negligence?

These are a few typical injuries caused by hospital errors that are likely to be considered medical malpractice:

  • Diagnosis errors
  • Childbirth injuries
  • Infections
  • Medication errors
  • Gross negligence
  • Hospital mistakes
  • Surgical errors
  • Operating room mistakes

Medical staff negligence is reportedly the third leading cause of death in the United States. You should not let careless doctors and other healthcare professionals off the hook. A diligent medical negligence attorney in Miami who has been through the legal battlefields before and come out unscathed can help you seek the justice you deserve. 

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Does Your Injury Qualify as Hospital Malpractice in Miami?

If you need help determining whether you have a case, a hospital negligence attorney in Miami at The Alvarez Law Firm can help. Errors, mistakes, and ‘never events’ are becoming shockingly common in hospitals due to medical care provider neglect. These are a few common reasons for hospital malpractice:

Anesthesiologist mistake

The anesthesiologist may fail to administer the correct drugs or dosage before a surgical procedure. This may lead to serious consequences. Or they may fail in correctly monitoring the patient. 

Hospital-Acquired Infection (HAI)

It is possible for patients to pick up an infection while at the hospital. HAI can complicate existing healthcare conditions, resulting in death. 

Medical negligence

You may not be able to get the care you deserve if the hospital is understaffed. A lack of properly trained medical staff can cause serious injuries or wrongful death. 

Medication errors

Administering the wrong medication, incorrect dosage, or drugs that interact with preexisting prescriptions amounts to negligence and malpractice.

Failure to diagnose

You can hold the hospital responsible if a physician or doctor failed to diagnose or misdiagnosed your condition. Misdiagnosis can have a devastating impact and increase the risk of worsening a condition or causing additional injuries. 

Surgical error

Surgeons have been known to accidentally perform surgery at the wrong site, leave an instrument within the patient’s body, or take shortcuts leading to severe repercussions. 

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What Are Some South Florida Hospitals Where Errors Can Occur?

Patients who have been injured, misdiagnosed, or have experienced any form of error at one of these South Florida facilities or others should reach out to our team for a consultation. 

  • Baptist Hospital
  • West Baptist Hospital
  • Doctors Hospital
  • South Miami Hospital
  • Homestead Hospital
  • Coral Gables Hospital
  • Mercy Hospital
  • Palmetto Hospital
  • Mt Sinai Medical Center
  • Kendall Regional Medical Center
  • Hialeah Hospital
  • Aventura Hospital
  • North Shore Medical Center
  • Delray Medical Center
  • Holy Cross Hospital
  • West Boca Medical Center
  • Boca Raton Hospital
  • Westside Regional Medical Center

Florida Hospitals Owe Patients a Duty of Care

Hospitals routinely provide the medical care needed for a patient to get better. Unfortunately, these healthcare facilities don’t always live up to their responsibility of looking out for the safety, health, and well-being of vulnerable patients.

Hospital employees

The hospital can be held liable for the actions of any employee who causes a patient to sustain an injury as a result of negligence. For instance, the hospital can be held liable for the actions of an employed registered nurse who administers the wrong drug or dosage.

You may even be able to sue the physician if the hospital employee acted negligently while under the supervision of the physician. Based on this, if you sue the physician, the liability will not fall on the hospital. For instance, if a surgeon leaves a sponge or instrument inside the patient because of an attending nurse’s miscount, the nurse and surgeon will be held liable.

Non-employee medical care providers

Hospitals routinely work with doctors who are not formally employed. These doctors are termed independent contractors. The hospital may not be held liable for any error on the part of the doctor, but there are certain exceptions to this.

The hospital is required to clarify that the doctor is not on its payroll. In this situation, you may be able to sue the hospital for medical malpractice unless the error occurred in the emergency room. 

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What Damages Can Be Recovered?

You have the right to pursue both economic and non-economic damages, along with punitive damages. Non-economic damages may include:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Loss of consortium

Florida medical malpractice laws had a cap on the amount of non-economic damages until 2017. This was termed unconstitutional and removed by the Supreme Court. So, in practice, now there is no cap for both non-economic and economic damages (which typically includes medical bills and lost wages, among other tangible expenses) for hospital malpractice claims in Florida. 

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Why Choose the Alvarez Law Firm in Miami for Your Hospital Negligence Case?

If you or a loved one has been harmed by hospital negligence, The Alvarez Law Firm’s hospital negligence lawyers in Miami are prepared to fight for your rights. Hospital negligence may involve surgical errors, medication mistakes, infections, improper patient care, or unsafe conditions that lead to serious injury or death. Families affected by these failures often face significant physical, emotional, and financial burdens, making full compensation essential. We are known for our relentless advocacy and handle cases nationwide, with licensure in multiple jurisdictions and federal courts. When taking on the healthcare industry feels overwhelming, our skilled attorneys provide the experience and determination needed to pursue justice.

Some of our team's honors and affiliations include:

  • Board Certification in Civil Trial by the National Board of Trial Advocacy
  • National Trial Lawyers Top 100 and Top 40 Under 40
  • AV Preeminent Rating from Martindale-Hubbell
  • Members of SuperLawyers, American College of Trial Lawyers, American Association for Justice (AAJ), and more

Contact The Alvarez Law Firm today to schedule a free consultation and learn how our attorneys can help you pursue accountability and the compensation you deserve.

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Hospital Negligence FAQs

How do you prove hospital negligence?

Are medical malpractice and hospital negligence the same?

What should I do if I suspect hospital negligence?

How long do I have to file a hospital negligence claim in Miami, Florida?

What can a hospital negligence lawyer do for me?

Why choose The Alvarez Law Firm for hospital negligence cases?

If I signed a consent form, can I still file a claim against my doctor?

Can hospitals turn you away?

How much do hospital negligence attorneys cost?

How do you prove hospital negligence?

We review your medical records, gather evidence, and consult with experts to determine whether the hospital or its staff failed to provide proper care and caused your injury. By carefully documenting the link between the negligence and your harm, we can build a strong case on your behalf.

Are medical malpractice and hospital negligence the same?

Medical malpractice usually involves errors made by individual healthcare providers, like doctors or nurses. Hospital negligence, on the other hand, refers to systemic failures at the facility, such as unsafe conditions, understaffing, or poor policies, and also includes the negligence of its employees such as nurses, techs, etc. Our team can help you understand which applies to your situation.

What should I do if I suspect hospital negligence?

Start by keeping copies of all medical records and documenting everything related to your care. Contacting our attorneys early can help protect your rights, preserve important evidence, and clarify whether you have a valid claim.

How long do I have to file a hospital negligence claim in Miami, Florida?

In most cases, you have two years from the date the injury was—or should have been—discovered to file a claim. Certain situations, like cases involving minors, may extend this timeline. Acting promptly ensures your claim is filed within the legal deadlines.

What can a hospital negligence lawyer do for me?

Our team can help you understand your rights, review your medical records, work with experts, and negotiate with insurance companies so you can focus on your recovery while we fight to get you the compensation you deserve.

Why choose The Alvarez Law Firm for hospital negligence cases?

Our team at The Alvarez Law Firm can help you understand your rights, review your medical records, collaborate with experts, and negotiate with insurance companies, allowing you to focus on your recovery while we work to secure the compensation you deserve.

If I signed a consent form, can I still file a claim against my doctor?

Yes. A consent form does not excuse medical negligence. While patients often consent to known risks of a procedure, doctors and hospitals are still required to meet the accepted standard of care. If an injury was caused by a preventable error, improper treatment, or a failure to follow medical protocols, there may still be grounds for a claim.

Can hospitals turn you away?

In most situations, no. Hospitals with emergency departments are generally required under federal law to provide emergency medical treatment regardless of a patient’s ability to pay. Once a patient is stabilized, hospitals may transfer or discharge them in accordance with medical guidelines. Improper refusal, delay, or discharge of care may support a hospital negligence claim.

How much do hospital negligence attorneys cost?

The Alvarez Law Firm handles hospital negligence cases on a contingency fee basis, meaning there are no upfront costs. Attorney fees are only collected if compensation is recovered through a settlement or verdict, allowing patients and families to pursue justice without financial risk.

Let’s talk about your case.

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