If you were seriously hurt by a medical error, you need a Florida medical malpractice lawyer who understands how hard these cases are fought. When we seek care, we trust doctors, nurses, and hospitals to meet a professional standard of care. When a provider’s negligence breaks that trust, the harm can be permanent — and the people responsible rarely admit it.
Attorney Tyson Kutner represents patients and families harmed by medical negligence throughout Miami-Dade and South Florida. These claims are complex, expert-intensive, and vigorously defended by hospitals and their insurers. We have the resources and the persistence to take them on.
What counts as medical malpractice
Medical malpractice happens when a healthcare provider — a doctor, nurse, or hospital — fails to meet the accepted professional standard of care, and that failure causes injury. The standard of care is what a reasonably careful provider would have done in the same situation.
An important point: a bad outcome alone is not malpractice. Medicine carries real risk, and even careful treatment can go wrong. To have a case, you must show that the standard of care was breached — not just that you wish things had turned out differently.
Common types of medical malpractice
- Surgical errors and mistakes during routine procedures
- Misdiagnosis and delayed diagnosis that let a treatable condition worsen
- Birth injuries to mother or child
- Medication and anesthesia errors
- Failure to treat or monitor a patient
Florida’s strict pre-suit rules — and why acting early matters
Florida does not let you simply file a malpractice lawsuit and sort out the facts later. Under Chapter 766, there is a strict pre-suit process you must complete first.
Before a suit can be filed, you must conduct a pre-suit investigation and obtain a written, sworn opinion from a qualified medical expert stating there are reasonable grounds for the claim. You then serve each prospective defendant with a 90-day “notice of intent” to initiate litigation. All of that takes time to do right.
On top of that, the deadlines are unforgiving. A malpractice claim generally must be brought within two years from when the injury was discovered or should have been discovered, with an overall outer limit of four years from the date of the incident — subject to limited exceptions, such as fraud or claims involving young children. Because the pre-suit work and these timelines are complex, prompt legal advice is critical.
How we build a medical negligence case
Malpractice cases are won on the records and the experts. As your medical malpractice attorney, we obtain and carefully review your complete medical records to reconstruct exactly what happened and where the care fell short.
From there, we work with qualified medical experts who can explain how the standard of care was breached and how that breach caused your injury. Hospitals and their insurers fight these claims hard and have their own experts ready to defend the care. Meeting that defense takes thorough preparation and the right experts on your side — which is exactly what we bring to every case.
What compensation covers
When negligence causes a serious injury, the costs add up far beyond the original hospital bill. A successful malpractice claim can recover:
- Medical expenses — past and future
- Lost income and reduced earning capacity
- Pain and suffering
- The cost of future care you will need because of the injury
Because medical errors often cause lasting harm, we work to document the full lifetime cost of your injury — not just the expenses you can see today.
Serving South Florida
From our Palmetto Bay office, medical malpractice attorney Tyson Kutner represents injured patients and their families across Pinecrest, Kendall, Cutler Bay, Coral Gables, and South Miami, down through Homestead and Key Biscayne to the Florida Keys, and throughout Miami-Dade County.
If you or a loved one was harmed by medical negligence, contact Kutner Personal Injury for a free, confidential consultation. You pay nothing unless we win.
