Exclusively in Florida, we represent individuals, and their surviving family members, who were seriously injured as a direct result of a doctor's failure to perform according to the acceptable standard of care for a physician in his or her field of practice. Florida has unique medical malpractice laws, which severely restrict the rights of a patient to bring a medical malpractice lawsuit.

We litigate all manner of medical malpractice claims before juries and on appeal, including:

  • Surgery Mistakes, Emergency Room Errors, Hospital Injuries
  • Misdiagnosis of Cancer and Other Illnesses
  • Birth Complications and Injury
  • Amputations
  • Spinal Cord Injuries
  • Fractures, Bone, and Joint Injuries
  • Traumatic Brain Injury
  • Nursing Home Abuse and Neglect

Our Representative Matters – Medical Malpractice

We are presently leading or have recently concluded the following high-profile lawsuits:

  • Sears v. Florida Hospital: On November 21, 2016, Cohen Milstein filed a lawsuit against Florida Hospital on behalf of a client who was dropped on his head during a routine surgical procedure, allegedly as a result of the hospital technicians’ failure to properly secure him to the operating room table. The fall resulted in a traumatic brain injury with debilitating consequences, including significant emotional, behavioral, and memory deficits. After extensive litigation including over 40 depositions, the cased settled for a confidential sum.
  • Fearon v. Orlando Health, Inc.: On November 3, 2016, Cohen Milstein filed a lawsuit on behalf of Mr. Fearon's widow and children against Orlando Regional Medical Center. Mr. Fearon checked into the hospital’s Emergency Room complaining of severe chest pain and shortness of breath. The hospital employed physicians ran tests and evaluated him for cardiac related issues only and subsequently discharged him. While he was still in the hospital, Mr. Fearon suffered a massive pulmonary embolism and died. The complaint alleges that the physicians failed to recognize the signs and symptoms of pulmonary embolism, and thereby fell below the standard of care. The case settled for a confidential sum.
  • Hilton v. Sebring Hospital, et al.: Cohen Milstein is representing a former emergency room patient of Highlands Regional Medical Center, who was never notified by the hospital of the results of a “critical” blood culture, ultimately leading to irreversible damage of his spinal cord and paraplegia. The case settled for a confidential sum.
  • Skiles v. Boca Raton Regional Hospital: Cohen Milstein is litigating a medical malpractice, wrongful death case, arising from the defendant’s failure to perform an x-ray to rule-out a potential bowel perforation for “Free Air” following a colonoscopy procedure. The out-patient radiology facility refused to perform the x-ray, stating that it did not accept the patient’s insurance, when in fact it did and, under Medicare rules, was obligated to perform the x-ray, regardless of coverage, because it was an emergency request. The x-ray was never performed, and the patient was sent home. Later that day, his wife rushed him to the hospital due to complaints of severe abdominal pain. In the hospital a perforated bowel was diagnosed, ultimately leading to bowel resection surgery. Although Mr. Skiles initially survived his surgery, he later died due to complications of sepsis. Trial is scheduled in Palm Beach County in October 2018.
  • Berwick v. JFK Medical Center: Cohen Milstein has filed a medical malpractice lawsuit against JFK Medical Center on behalf of a client who had a documented seizure disorder, for which he was prescribed twice daily anticonvulsant medication.  During a medical evaluation performed in the hospital, one of the doctors employed by JFK Medical Center withheld Mr. Berwick’s anticonvulsant medication, causing Mr. Berwick to suffer a severe and debilitating seizure.  The seizure and resulting fall caused bilateral comminuted shoulder fractures, requiring a reverse total shoulder replacement surgery and, ultimately, severe permanent functional impairment to both shoulders. The case is set for trial in November 2018.