Read Blog
related attorneys
Related practice area
Most people know if they are hurt in a car accident, or if they slip and fall due to a dangerous condition on someone’s property, that it’s best to seek the assistance of a personal injury lawyer about legal disputes. But what if a medical mistake or a healthcare professional’s negligence is the cause of the injury? Can you assume that the same personal injury attorney is knowledgeable about medical malpractice?
Medical negligence by healthcare professionals may arise to the level of medical malpractice, which is a type of personal injury. All medical malpractice attorneys are personal injury attorneys. But not all personal injury attorneys are medical malpractice attorneys.
Although both involve negligence, medical malpractice claims are much harder to prove than other personal injury cases. If you have a malpractice case, you should seek out an attorney who has extensive experience in pursuing medical practice claims.
Know the Difference: Malpractice vs. Negligence
Personal Injury Versus Medical Malpractice
To win your personal injury claim, you must prove the one you claim caused you harm:
- Owed you a duty of care.
- Breached that duty.
- The breach of the duty of care caused you harm.
- The harm caused you to suffer damages.
Examples of personal injury claims
- You were in a car accident where the other driver was at fault by speeding, texting, running a red light, or other negligent action.
- You tripped and fell due to a dangerous condition on someone else’s premises, you slipped and fell due to a spill on the floor of a retail business, you tripped over an uneven sidewalk, and similar types of actions.
- You were injured by using a defective product.
- An unleashed dog attacked you and bit you.
To win your medical malpractice claim, you must prove
- You had a healthcare/provider relationship with the professional you claim was negligent. This does not include your neighbor who you casually asked for advice.
- Your healthcare provider’s care was below the acceptable standard of care of other professionals in the same field in the same geographical area.
- The breach of the standard of care caused you harm.
- You suffered damages as a result of the provider harming you by providing you with substandard care.
Examples of medical malpractice claims
- Failure to properly diagnose a disease.
- Surgical errors, such as operating on the wrong body part, leaving a surgical tool inside the person, anesthesia errors leading to brain damage, and more.
- Medication errors. The wrong medication is prescribed, or the correct medication is prescribed but in the wrong dosage. An intravenous pump giving pain medication after a surgery malfunctions and the patient is given too much medication resulting in an overdose, or is given the wrong medication to which the patient has an allergic reaction.
- Birth injuries due to inadequate mother and fetal monitoring during labor.
Differences in Personal Injury Versus Medical Malpractice
- Florida law has a different statute of limitations for personal injury and medical malpractice claims.
- Expert witnesses are required in a medical malpractice case. The expert must explain how the healthcare practitioner’s care fell below the acceptable standard in the community.
Damages Available for Personal Injury and Medical Malpractice are the Same
In both a medical malpractice and a personal injury claim, the available damages are the same. This includes economic damages, which are quantifiable and can be calculated, and non-economic damages, which are damages that are not quantifiable.
Economic damages which are available in both types of injuries include
- All medical expenses that are incurred because of the harm. This means current expenses and ones that are expected to be incurred in the future due to the harm.
- Current lost wages and those expected to be lost in the future due to the harm caused by negligence or medical malpractice.
- Rehabilitation expenses if rehabilitation is required.
- Retraining for a new job if necessary.
- If you are permanently disabled and unable to work, wages you would have earned if not for the harm caused you by the negligent person or entity.
Noneconomic damages which are available in both types of injuries include
- Pain and suffering.
- Emotional distress.
- Loss of consortium or companionship. This may be paid to a family member, such as a wife or child, who has lost the relationship due to the harm caused.
Punitive Damages
Punitive damages are for the purpose of punishing someone for their intentional actions that resulted in harming another. They are not generally available in personal injury or medical malpractice which are based on the negligent acts of another.
Under Florida law, punitive damages may be awarded in personal injury and medical malpractice cases if the defendant’s negligent actions amount to gross negligence. Florida state law defines gross negligence as when “the defendant’s conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct.”
If you believe you have a personal injury or medical malpractice case, at The Ferraro Law Firm, we have years of experience pursuing both types of claims. We’re focused on each client’s case and will use all our resources to ensure you have the most robust representation possible. To schedule your free consultation, call 888-554-2030 or fill out our free case consultation form and a member of our team will soon be in touch.
Frequently Asked Questions
Frequently Asked Questions
01.
How long do I have to file a Florida medical malpractice claim?
Generally, you must file within two years of discovering the injury. Exceptions exist, so contacting a lawyer promptly is crucial.
02.
Can I sue if a loved one died due to medical negligence?
Yes. Wrongful death claims allow surviving families to recover funeral costs, lost support, and other damages.
03.
Are medical malpractice suits limited to hospitals?
No. Claims can be brought against private clinics, outpatient centers, and other healthcare facilities if negligent conduct caused harm.
04.
What if I have a pre-existing condition?
You may still have a valid claim if medical mistakes worsened or exacerbated your condition through substandard medical care.
05.
How does a contingency fee basis work?
You owe no attorney fees unless we secure financial compensation on your behalf, enabling you to seek legal help without upfront costs.
06.
What is the statute of limitations for medical malpractice in Florida?
In Florida, a medical malpractice claim must be filed within two years of when the injury was discovered or reasonably should have been discovered, with an absolute four-year limit from the date of the alleged malpractice. Exceptions apply for fraud (up to seven years) and cases involving minors under age eight. Consulting with an experienced attorney can help you learn more about the statutes of limitations and how they may affect your claim.
07.
Can Ferraro Law handle my case if I live outside of Florida?
Yes, Ferraro Law represents clients nationwide. Our experience in complex litigation promotes effective advocacy, no matter where you live.
have more questions?
our attorneys
Client Experiences
When individuals and families face the challenges of mesothelioma and asbestos exposure—coping with complex treatments, escalating costs, and emotional strain—they turn to Ferraro Law for clarity, guidance, and steadfast support. Through meticulous case preparation, empathetic counsel, and strategic representation, our attorneys build compelling cases that secure meaningful settlements to cover medical expenses, provide financial relief, and offer a path toward stability during difficult times.
Ferraro Law is wonderful and I am forever grateful to them. My attorney Daniel Di Matteo fought like a tiger for me against a multibillion dollar corporation and obtained a substantial settlement for me. This settlement is life changing for me. If you need an attorney call Ferraro Law and if you’re lucky Daniel will take your case.
Florence T.
Not too long ago I picked up the phone and called the Ferraro Law Firm not quite knowing what to expect. From the moment I reached out, the team made me feel heard and taken care of — not just like another case walking through the door.
Nikki Hurtado was my first primary contact. After speaking with her I knew that I had picked the right firm. She walked me through the process in plain understandable language. Even after numerous calls, she never made me feel like I was asking too many questions, and I always felt confident that my case was in expert hands.
My litigator was Daniel Di Matteo. If there was ever anyone that you would want by your side in a court of law, it would be him. He was everything that you would want in an attorney—calm, cool, always prepared, communicative and most importantly–experienced. He knew everything that was going to happen before it occurred but was prepared for any contingency. He is a fantastic attorney.
What really set them apart was their communication. I was kept informed at every stage — no chasing down updates, no wondering what was happening with my case. Calls and emails were returned promptly, and they proactively reached out whenever there was a development.
The professionalism of the entire team — from the attorneys to the support staff — was exceptional. Everyone I interacted with was kind, compassionate, and genuinely invested in my well-being, not just the outcome of my case.
And the outcome? Better than I could have hoped for. They fought hard on my behalf and secured a result that truly reflected the impact this injury had on my life.
You could ask for no better firm or attorney.
Keeth K.
Working with my attorney, Daniel J. Di Matteo was an exceptional experience from start to finish. His level of professionalism, attention to detail, and strategic thinking set him apart immediately. Every step of the process was handled with precision and clarity, and I always felt informed and confident in the decisions being made.
What truly stood out was his ability to navigate complex situations with confidence and deliver results that exceeded my expectations. He was not only highly knowledgeable but also genuinely committed to protecting my best interests.
If you’re looking for an attorney who is sharp, responsive, and truly operates at a high level, I highly recommend him without any hesitation.
Ivan M.
My name is Page. I am putting a five star review of my experience with Ferraro law group and my attorney Daniel J. Di Matteo. His professionalism and compassion and diligence for my case was outstanding. I am very happy that I put my trust in their very capable hands.
Page P.
Free Case Consultation
Our Trial and Appellate Attorneys Are Ready to Fight for You
If you were seriously injured, remember that it is crucial to choose the right law firm to represent your interests. We have been doing this for more than three decades, and have the resources you need to challenge any opponent!
