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Miami Medical Error Attorneys

Medical Malpractice and Medical Negligence, a Leading Cause of Death

Medical malpractice is a leading cause of death in the United States, according to multiple research studies.  Every year, places like Miami, Broward, Palm Beach, and other heavily populated cities and counties throughout Florida see their share of medical mistakes resulting in severe injury or death.  According to a May 2016 study by Johns Hopkins, approximately 10 percent of all U.S. deaths are now due to medical errors and medical malpractice is the 3rd highest cause of death in the U.S.  Some studies have argued that the true number of fatalities caused by medical malpractice, medical negligence, and medical errors each year is much higher.  While the data on medical malpractice death rates varies, there is no question that far too many people die each year because of medical mistakes.

According to a September 2015 Washington Post article, a report by the Institute of Medicine stated that diagnostic errors “affect at  least 12 million adults each year, or about 5 percent of adults who seek outpatient care.”  These numbers are staggering.  While some diagnostic errors may not result in harm, others can mean the difference between life and death.

What Types of Medical Errors Constitute Medical Malpractice?

The medical malpractice cases we handle at Viñas & DeLuca, PLLC typically result from poor communication among healthcare practitioners, blatant errors in medical decision-making, failing to act timely, and other breaches of commonly accepted professional medical standards.

Before a medical malpractice case can be started in Florida, the injured party must obtain an affidavit from a medical professional stating that there is reasonable grounds to believe that medical malpractice has occurred.  By law, an attorney cannot make this determination.  Below are some examples of common medical errors which may form the basis of a medical malpractice or medical negligence lawsuit in Florida:

  • Failure to diagnose a disease or illness.
  • Failure to recognize the clinical signs and symptoms of a disease or illness.
  • Poor communication or documentation among healthcare practitioners.
  • Failure to order or properly interpret necessary imaging, blood work, or other testing.
  • Failure to order a STAT consultation.
  • Surgical errors.
  • Failure to adequately monitor a patient post-operatively.
  • Failure to guard against known surgical complications.
  • Negligently discharging a patient.
  • Misidentification of patients, surgical sites, or medications.
  • Patient mix-ups.
  • Inadequate staffing, policies, or processes.

This is by no means an exhaustive list.  It is important to note however that simply identifying a medical error is not enough to support medical malpractice or medical negligence case under Florida law.  To succeed under Florida law, a plaintiff in a medical malpractice case must prove that an injury or death resulted from a definitive breach of the prevailing professional standards of care.  A medical error standing alone is not enough It must also cause harm.

What Kind of Lawyer Do You Need for a Medical Malpractice Case?

Who you chose to represent you in a medical malpractice case is critical.  There are very few lawyers in Florida who routinely handle these types of complex litigation matters with success.  Under Florida law, medical malpractice cases are governed by a highly technical statutory scheme and are unlike any other kind of Florida personal injury matter.   This is part of the reason they can be some of the most expensive types of personal injury cases to litigate and why so many Florida personal injury lawyers shy away from handling medical malpractice cases.  Each of these cases require specialized legal and medical knowledge to successfully pursue.

Lawyers at Viñas & DeLuca have been handling Florida medical malpractice cases for many years and have successfully negotiated many multi-million dollar settlements for clients hurt by medical malpractice.  If you or a loved one is considering a medical malpractice lawsuit, be sure to consult with legal professionals experienced in this area.  At Viñas & DeLuca, all consultations are free and confidential, and we are available 24/7 to meet or confer with you regarding your potential case.  Contact Viñas & DeLuca, PLLC by calling (305) 372-3650. Or, you can chat with us online or complete our Free Case Evaluation Form and we will contact you.

 Our Process

The 4 Steps We Take After You Retain Us

01. Report

We notify all insurance companies and potential defendants that we represent you. From there, we handle everything. You will not need to speak with anyone but your lawyers. All communications go through us – your advocates.


We help you get the medical care you need when you need it. Our lawyers and staff help you make appointments, obtain medical advice, and recover from your injuries, both physically and financially. We are at your side each step of the way.

03. Review

Our lawyers and medical experts review your medical records to determine the most effective way to present your injury claim. This may require forensic expert reports, professional medical illustrations, or 3D animations of your accident or injury. We spare no expense when it comes to effectively telling your story.


Drawing on decades of combined legal experience, our lawyers aggressively pursue top dollar settlements and verdicts for each of our clients. The vast majority of defendants in our cases choose not to go to trial against our law firm, setting the stage for our clients to receive satisfactory settlements and results.

Francisco Viñas
Personal Injury Attorney
Jarrett L. DeLuca
Personal Injury Attorney

South Florida Medical Error Lawyer

The attorneys at Viñas and DeLuca have over 35 years of combined experience handling personal injury and wrongful death claims throughout Miami and the State of Florida.  Over the years, we have recovered millions of dollars for our clients, representing them in both state and federal court.  Each of our attorneys is AV rated by Martindale-Hubbell, signifying the highest level of professional excellence for legal knowledge, communication skills, and ethical standards.  The Attorneys at Viñas and DeLuca have also been recognized by Super Lawyers, The National Trial Lawyers Top 100 and Top 40 under 40, Avvo, and others. While the results of any case can vary depending on the facts, our commitment to winning big for our clients never changes.

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With An Experienced Attorney

We offer our services on a contingency fee basis, which means that you do not have to worry about legal fees unless we win your case. That’s right. You get to focus all of your time, energy, and money on getting better while we handle your personal injury case. You only have a limited amount of time to file a claim, so contact us today. We’re available to assist injury victims throughout Miami-Dade County.