Protecting the Rights of Patients in Florida

When seeking medical treatment, you expect to receive the best care possible. Unfortunately, that is not always the case. Many people suffer catastrophic injuries or die due to preventable medical errors and other forms of medical neglect. Healthcare providers, including hospitals, doctors, nurses, dentists and other medical professionals, can be held accountable for injuries to patients due to medical malpractice or negligence.

With over 50 years of combined experience, Cohen Milstein’s Medical Malpractice lawyers take on unique and difficult cases involving cutting-edge issues of medicine, health care and law. We have the experience, the access to medical experts across a range of medical disciplines, and the capital needed to take a case through the rigorous review and litigation milestones it requires to help you achieve the outcome and compensation you seek.

Some of our team’s medical malpractice litigation successes include the following results:

  • A $7 million settlement in a medical malpractice case involving failure to notify a patient of a MRSA infection in his blood.
  • A $5 million settlement reached during trial in a medical malpractice case resulting in partial paralysis.
  • A $4.9 million settlement in a medical malpractice case resulting in a traumatic brain injury.
  • A $2 million settlement in a medical malpractice case involving death due to failure to diagnose a pulmonary embolism in a hospitalized patient.

*Prior results do not guarantee similar outcomes.

Many of the cases we litigate are on the cutting edge of medicine, healthcare and law and arise from the evolution of the practice of medicine, including a recent case involving a medical provider who withheld medication from our client which resulted in our client, causing him to suffer a grand mal seizure.

Our Scope of Services

Exclusively serving Florida, we represent individuals, and their surviving family members, who have been seriously injured or who have died as a direct result of a healthcare provider’s failure to perform according to the acceptable standard of care. Florida has unique medical malpractice laws, which significantly restrict the rights of a patient or survivor to bring a medical malpractice lawsuit. Our Medical Malpractice team has experience handling a wide variety of medical malpractice claims, including but not limited to:

  • Hospital Injuries, Surgical Errors, Emergency Room Errors
  • Misdiagnosis or Failure to Diagnose treatable diseases
  • Birth Complications and Injury
  • Amputations
  • Spinal Cord Injuries
  • Fractures, Bone, and Joint Injuries
  • Traumatic Brain Injury
  • Nursing Home Abuse and Neglect

Cohen Milstein’s experienced Medical Malpractice attorneys can provide a free consultation to help you decide if you or a family member has an actionable medical malpractice claim. We work on a contingency basis, so we don’t get paid unless you do.

If you or a loved one has been injured and you believe you may have a legal claim, please contact us at (877) 515-7955 or fill out a Free Case Evaluation Form.

Our Legal Team

Cohen Milstein’s Medical Malpractice attorneys have over 50 years of combined experience helping victims of life-changing injuries in Florida. Our Medical Malpractice team, led by Stephan A. LeClainche, has successfully litigated and achieved millions-of-dollars in settlements on behalf of clients who, through no fault of their own, became victims of medical negligence.

Our Medical Malpractice team is regularly sought out as co-counsel by other firms for their extensive experience and expertise on tough cases.

Stephan A. LeClainche - Mr. LeClainche is an accomplished board certified civil trial lawyer, whose admission to the prestigious American College of Trial Lawyers, as well as being a member of American Board of Trial Advocates, attests to his reputation among peers as an outstanding trial lawyer. He was named to Lawdragon's list of “500 Leading Plaintiff Consumer Lawyers” (2020, 2021) and The Best Lawyers in America recognized him as “Lawyer of the Year – West Palm Beach, FL” for Medical Malpractice – Plaintiffs in 2021. He is also consistently recognized by Best Lawyers in America in the field of Medical Malpractice – Plaintiffs, as well as by Florida Super Lawyers and Palm Beach Illustrated. In 2018, the Daily Business Review recognized Mr. LeClainche as the “Most Effective Lawyer: Medical Malpractice.” Learn more about Mr. LeClainche here.

Nicholas C. Johnson - Mr. Johnson is an experienced trial attorney who has tried more than 40 jury trials. A former defense litigator and Assistant Public Defender, Mr. Johnson also brings invaluable insight into insurance company defense claims. He has been selected by National Trial Lawyers as a “Top 100 Plaintiff Civil Trial Lawyer” in the State of Florida. He is consistently recognized by the Best Lawyers in America as a “Best Lawyer” in the field of Personal Injury Litigation and Product Liability Litigation – Plaintiffs, and annually recognized by Florida Trend, Florida Super Lawyers, and Palm Beach Illustrated. Learn more about Mr. Johnson here

Our Approach

Medical malpractice cases are often complex, expensive, and time-consuming. We care about providing our clients with exceptional legal services and care, and we are selective in the cases we choose to accept. As a result, we take the time to thoroughly evaluate, research, and investigate each potential claim.

Typically, our clients have suffered significant permanent injuries or the death of a loved one. In order to help our clients understand their legal rights, we carefully review all of the relevant medical records and pertinent medical literature and enlist a qualified medical expert who must attest that there was fault on the part of the subject medical provider, which caused the patient's injuries. 

As noted previously, many of the cases we litigate are on the cutting edge of both medicine and law and grow out of the evolution of the practice of medicine. While the cases may be different, the complexities, challenges and stakes are always high, requiring attention to detail – and dedication to a client’s needs and concerns. Each case we take has unique requirements and medical knowledge.

We work on a contingency basis, so we don’t get paid unless you do. We cover all of the upfront costs and only collect a fee if we win your case. If we don’t recover for you, you owe us nothing.

For more information on whether you or a loved one may have a Medical Malpractice claim, please complete a Free Case Evaluation Form or call (877) 515-7955.

Our Representative Matters

We have recently concluded the following high-profile lawsuits:

  • Doe v. Unnamed Hospital: Cohen Milstein represented a client in a medical malpractice lawsuit against an unnamed hospital. Our client, a patient at the hospital, 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 mild traumatic brain injury with debilitating consequences, including significant emotional, behavioral, and memory deficits. After extensive litigation, including over 40 depositions, the case settled for a confidential sum.
  • Doe v. Unnamed Hospital: Cohen Milstein represented the widow and children of a man against an unnamed hospital in a medical malpractice lawsuit. Our client checked into the hospital’s Emergency Room complaining of severe chest pain and shortness of breath. The hospital-employed physicians ran tests, evaluated him only for cardiac related issues, and gave an order to discharge him. While he was still in the hospital, our client 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.
  • Doe v. Unnamed Hospital: Cohen Milstein represented an emergency room patient of an unnamed hospital, 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 represented the Estate of Mr. Skiles in a medical malpractice, wrongful death case, arising from the defendant’s failure to perform an x-ray on Mr. Skiles to rule-out a potential bowel perforation following a colonoscopy procedure. The x-ray was never performed, and Mr. Skiles was sent home. Later that day, Mr. Skiles returned to the hospital with severe abdominal pain. He was diagnosed with a perforated bowel, ultimately leading to bowel resection surgery. Although Mr. Skiles initially survived his surgery, he later died due to complications of sepsis. The case settled for a confidential sum.
  • Doe v. JFK Medical Center: Cohen Milstein 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 our client's anticonvulsant medication, causing him to suffer a severe and debilitating seizure. The seizure and resulting fall caused significant shoulder fractures, requiring a total shoulder replacement surgery and, ultimately leaving our client with severe permanent functional impairment to both shoulders. The case settled for a confidential sum.

For more information on whether you or a loved one may have a Medical Malpractice claim, please complete a Free Case Evaluation Form or call (877) 515-7955.

Frequently Asked Questions

What is Medical Malpractice?

Medical malpractice occurs when a medical professional or entity fails to provide appropriate treatment, fails to take an appropriate action, or gives substandard treatment or care that causes harm, injury or death to a patient. Medical professionals can include doctors, nurses, chiropractors, dentists, surgeons, physician assistants, pharmacists, and more.

In addition to the health care provider who committed the error, injured patients can also bring a lawsuit against the hospital, medical practice, clinic, nursing home, or other medical institution that employed the at-fault professional.

How to Prove Medical Malpractice

To prove medical malpractice occurred, the case must meet specific legal elements:

  • Duty of Care: This can be described as the clear designated responsibility to treat the patient within the accepted standards of care.
  • Breach of Duty: If the medical professional has deviated from the standard of care and this directly led to harm.
  • Causation: You must be able to prove that the negligent act caused the injury as a result of the breach of the duty of care you were owed, and the violation of this led directly to the cause of the victim’s injury or death.
  • Damages: You must be able to show that you were physically and/or financially injured as a result of the breach of duty by the defendant. 

How Long Do I Have to File a Medical Malpractice Lawsuit?

Each state has laws governing the length of time you have to file a claim for medical malpractice. This law is known as the statute of limitations.

In Florida, the statute of limitations for medical malpractice claims is 2 years from the date of discovering the injury or when the injury should have been reasonably discovered. Medical malpractice claims in Florida are also governed by a 4-year “statute of repose” that requires plaintiffs to file suit within 4 years, regardless of whether or not the injury was discovered or could have been reasonably discovered within the time frame. The only exception is in cases that involve fraud, concealment, or intentional misrepresentation by a defendant. In that event, the statute of limitations is 2 years from when the injury was finally discovered, or 7 years from when the malpractice occurred.

Medical malpractice lawsuits should be considered as soon as possible because medical records and bills must be collected and thoroughly reviewed before a claim can be filed. This process includes reviews by both attorneys and medical experts.

Who Can Be Held Liable for Medical Negligence?

Virtually any professional and facility involved in your medical care can be held liable for damages you sustain as a result of malpractice. This may include:

  • Doctors
  • Nurses
  • Medical assistants
  • Surgeons
  • OB/GYNs
  • Hospitals, medical practices, urgent care clinics
  • Pharmacists
  • Dentists
  • Psychiatrists
  • Medical specialists

What Damages Can You Claim for a Medical Malpractice Case?

Your medical malpractice claim should account for all of the damages you have sustained as a result of the practitioner’s negligence. This may include:

  • Past medical expenses
  • Anticipated medical expenses for future treatment and rehabilitation
  • Loss of past income
  • Loss of future income, if the malpractice injury prevents you from working, or you have to change jobs because of your injury
  • Pain and suffering
  • Disfigurement and scarring
  • Loss of consortium
  • Loss of enjoyment of life

How Does My Attorney Get Paid?

We work on a contingency basis, so we don’t get paid unless you do. We cover all of the upfront costs and only get reimbursed for the costs and collect a fee if we win your case. If we cannot get you a financial recovery, you owe us nothing.

For more information on whether you or a loved one may have a Medical Malpractice claim, please complete a Free Case Evaluation Form or call (877) 515-7955.