Expertise.com

Best Medical Malpractice Lawyers in Miami

2023

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Website
123 Almeria Avenue, Coral Gables, FL 33134
  • Anesthesia Errors
  • Nursing Negligence
  • Wrong side surgery
  • Surgeon Malpractice
  • Medication Errors

Why choose this provider?

Boyers Law Group, P.A., is a medical malpractice and personal injury law firm that represents clients in Miami. The firm helps medical malpractice clients achieve full compensation and hold wrongdoers accountable for serious injuries including wrongful death, brain injury, paralysis, nerve injuries and other devastating injuries. Boyers Law Group has won many millions of dollars for medical negligence victims. Robert Boyers, who leads the firm’s trial practice, and has been widely recognized for his stellar representation of medical negligence and injury victims, is a former President of the Miami-Dade Trial Lawyers Association and began his career as an Assistant District Attorney in New York. His partner, Matthew Mazzarella, is also rated AV Preeminent in the Martindale-Hubbell Legal Directory.

Attorney Information

Attorney NamesExperience
Robert Boyers - Principal33 yrs
Matthew Mazzarella - Partner15 yrs

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (9)
Avvo
5.0 / 5 (6)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail

Price: Free consultation

Website
9370 SW 72 Street, Suite A-255, Miami, FL 33173
  • Wrongful Death
  • Personal Injury
  • Emergency Room Negligence
  • Defective Medical Devices

Why choose this provider?

A to Z Injury Law, located in Miami, Florida is committed to protecting the rights of victims who are injured as a result of the negligent acts of another. Their team consists of highly experienced transactional and litigation attorneys from some of the nation’s biggest and most elite law firms. The firm specializes in personal injury cases involving auto accidents, motorcycle accidents, truck accidents, wrongful death, medical malpractice, and many more.

Attorney Information

Attorney NamesExperience
Erik Alvarez - Founding Member12 yrs

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (20)
FindLaw
5.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.5
Responsiveness
Friendliness
Helpfulness
Detail

Price: Free consultation

Website
100 Southeast 2nd Street Suite 4500, Miami, FL 33131
  • Medical Malpractice

Why choose this provider?

Alan Goldfarb P.A. delivers the legal needs of residents in Miami and its neighboring metros. Its team of personal injury trial lawyers handles medical malpractice claims involving matters such as anesthesia difficulties, diagnosis errors, patient mix-ups, and prescription errors. The law firm also represents victims of surgical errors, birth traumas and injuries, emergency room malpractice, and hospital-acquired infections. It has recovered over $109 million in verdicts and settlements for its clients in medical malpractice cases.

Attorney Information

Attorney NamesExperience
Alan Goldfarb - Founding Member51 yrs

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Google
4.4 / 5 (19)
Avvo
5.0 / 5 (16)
Facebook
5.0 / 5 (6)

(+1 additional source)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail

Website
5050 Biscayne Blvd Suite 201, Miami, FL 33137
  • Medical Malpractice
  • Personal Injury
  • Birth Injuries
  • Misdiagnosis of Illness

Why choose this provider?

Jontiff & Jontiff is a legal practice that caters to clients in Miami. It offers client representation for a wide array of personal injury matters, including medical malpractice. It handles lawsuits involving birth injuries, misdiagnosis, diagnosis failure, and surgical, nursing, and medication errors. The firm guides clients in obtaining compensation for the economic and non-economic losses they have sustained due to the injuries. Scott J. Jontiff, firm founder, holds over 30 years of experience advocating for personal injury cases and litigating against insurance companies.

Attorney Information

Attorney NamesExperience
Scott Jontiff - Partner34 yrs
Jeannie Jontiff - Partner28 yrs

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (46)
Avvo
5.0 / 5 (46)
FindLaw
5.0 / 5 (12)

(+1 additional source)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail

Website
One Biscayne Tower Suite 3700 2 South Biscayne Boulevard, Miami, FL 33131

Why choose this provider?

Aronovitz Law is a personal injury law firm located in Miami. It handles medical malpractice cases including anesthesia errors, surgical errors, and negligence. The firm focuses on Medicare malpractice cases and investigates if clients' quality of care was negatively impacted by heavy patient loads, demanding schedules, and cost containment initiatives by health insurance companies. Aronovitz Law firm has received an AV rating from Martindale-Hubbell. Founding attorney Tod Aronovitz is a member of the National Association of Distinguished Counsel.

Attorney Information

Attorney NamesExperience
Tod Aronovitz - Founder49 yrs

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Google
4.4 / 5 (7)
FindLaw
5.0 / 5 (6)

Website
Biltmore Offices, 1200 Anastasia Ave Suite 340, Coral Gables, FL 33134

Why choose this provider?

Kenneth J. Bush PA is a law firm with over 20 years' experience in medical malpractice cases. Its located in Coral Gables and serves clients throughout the Miami metropolitan area. The firm has handled many malpractice cases, including birth injuries, surgical errors, diagnosis failures, improper pain management, and medication errors. Kenneth J. Bush, an accomplished medical negligence lawyer in Miami, uses medical experts to scrutinize cases before filing to ensure that the client has a solid case.

Attorney Information

Attorney NamesExperience
Kenneth Bush - Partner / Shareholder40 yrs

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Avvo
5.0 / 5 (10)
Google
5.0 / 5 (3)

Website
1001 Brickell Bay Dr Ste 1714, Miami, FL 33131

Why choose this provider?

Founded in 1989, the Chapman Law Group is a litigation law firm providing legal representation to health care professionals. Headquartered in Miami with an additional office in Michigan, the firm provides comprehensive medical malpractice services to clients nationwide. It handles medical malpractice claims such as medication errors and the failure to treat and diagnose. Chapman Law Group is rated AV Preeminent by Martindale-Hubbell, a lawyer rating service, for its high ethical standards and legal ability.

Attorney Information

Attorney NamesExperience
Aaron Kemp - Senior Attorney26 yrs
Ronald Chapman - Founding Shareholder20 yrs
Jonathan Meltz - Senior Attorney27 yrs

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Facebook
5.0 / 5 (3)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail

Website
19 West Flagler Street, Suite 618, Miami, FL 33130
  • Medical Malpractice

Why choose this provider?

The Law Offices of Sean M. Cleary represents clients in medical malpractice cases. Serving Miami and the neighboring communities since 2005, the firm takes cases against healthcare providers, facilities, and physicians, representing clients who have experienced injury or loss as a result of emergency room malpractice, misdiagnosis, surgical errors, and child medical malpractice. It advocates for victims and their families in obtaining fair compensation for damages incurred such as furthered medical bills, lost wages, wrongful deaths, and pain and suffering.

Attorney Information

Attorney NamesExperience
Sean Cleary - Principal25 yrs

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Google
4.8 / 5 (23)
Avvo
5.0 / 5 (8)
Facebook
5.0 / 5 (5)

(+1 additional source)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail

Website
1 NE 2nd Avenue, Suite 200, Miami, FL 33132
  • Birth Injuries

Why choose this provider?

Mausner Graham Injury Law, PLLC, represents patients who have been victimized by medical malpractice in Miami. The boutique law firm helps clients secure the compensation they need for their recovery. Its lawyers work to hold the at-fault hospitals and healthcare practitioners accountable for the bodily injury their patients have suffered. Some mistakes providers can make include misdiagnoses, surgical and postoperative errors, and failure to monitor. Founding partner Eric J. Mausner has over a decade of legal experience.

Attorney Information

Attorney NamesExperience
Eric Mausner - Managing Partner11 yrs

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (247)
Facebook
4.9 / 5 (43)
Avvo
5.0 / 5 (5)

(+1 additional source)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
3.8
Responsiveness
Friendliness
Helpfulness
Detail
––

Website
1 SE Third Ave., Suite 2920, Miami, FL 33131
  • Medical Malpractice
  • Misdiagnosis of Illness
  • Surgical Mistakes

Why choose this provider?

Established in 1998, the Law Offices of David A. Helfand, P.A., caters to clients in Miami and the surrounding areas. It works on a wide range of medical malpractice claims, such as birth injury, diagnosis failure, emergency room negligence, and prescription and surgical errors. It also represents individuals in cases related to bicycle and boat accidents, slips and falls, and wrongful deaths. Its attorney, David A. Helfand, has been practicing law since 1993. He is a member of the Association of Trial Lawyers of America.

Attorney Information

Attorney NamesExperience
David Helfand - Principal30 yrs

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.4
Google
4.8 / 5 (25)
Facebook
0.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
3.8
Responsiveness
Friendliness
Helpfulness
Detail
––

Website
436 SW 8th St, Miami, FL 33130
  • Wrongful Death
  • Medical Malpractice

Why choose this provider?

DLE Lawyers offers legal assistance to individuals in the Miami metro. It deals with a range of personal injury matters, including medical malpractice cases. The law office represents injured victims and assists them in filing claims against negligent medical providers. It helps clients secure compensation for medical expenses and lost wages. DLE Lawyers also handles nursing home abuse, car accidents, and premises liability issues. It utilizes computer systems in investigating and obtaining medical information.

Attorney Information

Attorney NamesExperience
Jimmy Espriella - Principal17 yrs

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Google
4.9 / 5 (70)
Yelp
5.0 / 5 (3)
Avvo
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail

Website
3636 W Flagler St, Miami, FL 33135
  • Medical Malpractice

Why choose this provider?

Friedman Rodman Frank & Estrada Attorneys at Law is a personal injury firm in Miami. Its legal team handles medical malpractice claims that involve prescription errors, misdiagnosis, incorrect procedures, and birth injuries. The company has obtained a $10 million settlement for a medical malpractice victim. Ronald David Rodman, one of the firm's partners, has created a nationwide network of expert witness resources and attorneys through memberships in the American Bar Association and The Association of Trial Lawyers of America.

Attorney Information

Attorney NamesExperience
Harvey Friedman - Partner54 yrs

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Google
4.7 / 5 (141)
Avvo
5.0 / 5 (4)
Yelp
3.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail

Website
1221 Brickell Avenue, Suite 900, Miami, FL 33131
  • Wrongful Death

Why choose this provider?

JMLAW, P.A., offers counsel to individuals and businesses in Miami and the surrounding communities. The law firm handles medical practice cases, representing plaintiffs suffering from injuries caused by misdiagnosis, wrong medication, improper treatment, and anesthesia errors. Its team also deals with business law matters, which include investor relations, due diligence reporting, and corporate restructuring. Its personal injury attorney, Kevin Mulet, also focuses on truck collisions, car accidents, and wrongful death. JMLAW has offices located in Washington D.C and Myrtle Beach.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (78)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail

Website
848 Brickell Avenue, Suite 302, Miami, FL 33131
  • Misdiagnosis of Illness

Why choose this provider?

Colgan Dominelli Law, PLLC, is a personal injury legal firm that represents seriously injured victims in Miami and the surrounding areas. Its attorneys focus on litigating various types of claims, including medical malpractice by a doctor, nurse, or any medical technician. They handle each step of the case process, from assisting in clients' medical treatment to trial. They also deal with other types of claims, such as car accidents, pedestrian-bicycle accidents, and slips and falls. The legal team has over 36 years of combined experience.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (18)
Facebook
5.0 / 5 (7)

Website
1 SE 3rd Ave #3000, Miami, FL 33131
  • Birth Injuries

Why choose this provider?

Since 1984, Stewart Tilghman Fox Bianchi & Cain P.A. has been helping secure compensation for medical malpractice victims and their families. It represents people suffering from life-altering injuries due to anesthesia and medication errors, misdiagnoses, and surgical mistakes. Its Miami-based lawyers handle a limited caseload at a time to focus on reaching a favorable outcome for their clients. Founding partner Gary D. Fox, a Lawdragon Hall of Famer, has won jury verdicts for different high-profile individuals, including All-Pro NFL player Samari Rolle.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (34)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail

Website
150 Alhambra Cir, Suite 1100, Coral Gables, FL 33134
  • Pharmacist Malpractice

Why choose this provider?

Halpern Santos Pinkert fights for the rights of individuals in Miami. It represents and guides clients suffering from birth injuries, amputations, scarring, and vision and hearing loss due to medical malpractice. The law office handles various cases resulting from surgical and anesthesia errors and misdiagnosis. Its team assists victims in filing claims against negligent practitioners and institutions to secure the compensation they deserve. One of the firm's partners, Jay Halpern, maintains an affiliation with the Miami-Dade Justice Association.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (27)
Yelp
5.0 / 5 (3)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail

Website
1401 Brickell Avenue, Suite 510, Miami, FL 33131
  • Pharmacist Malpractice

Why choose this provider?

Hickey Law Firm handles various personal injury cases in Miami. It provides legal representation to individuals suffering from serious injuries resulting from medical malpractice. The practice litigates cases related to obstetrical negligence, surgical and anesthesia errors, misdiagnosis, and birth injuries. It assists victims in filing claims against negligent medical practitioners and institutions to obtain compensation for lost wages, rehabilitation, and medical and funeral expenses. Founder Jack Hickey is double board-certified by The Florida Bar in Civil Trial and Admiralty and Maritime Law.

Attorney Information

Attorney NamesExperience
John Hickey - Owner43 yrs

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
4.9 / 5 (91)
Facebook
5.0 / 5 (73)
Avvo
5.0 / 5 (9)

(+1 additional source)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.5
Responsiveness
Friendliness
Helpfulness
Detail

Website
1688 Meridian Ave #900, Miami Beach, FL 33139
  • Wrongful Death
  • Medical Malpractice
  • Personal Injury

Why choose this provider?

Ezquenazi Law has been providing legal assistance in the Miami metro for more than 25 years. It deals with various areas of personal injury law, including medical malpractice cases. The firm assists injured victims in filing lawsuits against negligent doctors, dentists, and nurses for delayed diagnosis, wrong prescription, and surgical errors. It also helps clients secure compensation for medical bills and lost wages. Owner Bryant Ezquenazi is a civil circuit court mediator. He is a member of the Florida Justice Association.

Attorney Information

Attorney NamesExperience
Bryant Esquenazi - Principal31 yrs

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
5.0 / 5 (48)
Facebook
0.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
3.0
Responsiveness
Friendliness
Helpfulness
––
Detail
––

Website
2 South Biscayne Blvd., Suite 2450, Miami, FL 33131
  • Surgical Mistakes

Why choose this provider?

Todd Rosen Law Group protects the rights of wronged individuals in Miami and nearby locations. It handles various personal injury claims, including medical malpractice cases. The legal practice takes on surgical error, misdiagnosis, and improper treatment disputes. It helps victims file lawsuits against negligent medical practitioners and institutions to secure the compensation they deserve. It also serves clients dealing with wrongful death and premises liability issues. Founder Todd Rosen is a member of the Florida Justice Association and the Dade County Trial Lawyers Association.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (33)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail

Website
2350 S Dixie Hwy, Miami, FL 33133
  • Wrongful Death

Why choose this provider?

Located in Miami, Leesfield Scolaro is a plaintiff-oriented law firm that has been representing clients since 1976. With multiple multi-million dollar verdicts secured on behalf of its clients, it handles cases involving motor vehicle accidents, medical malpractice, boating and water-related accidents, defective products, and premises liability claims. The firm engages in community outreach through the Leesfield Family Foundation. Managing partner Ira Leesfield is a recipient of the Florida Justice Association's Al J. Cone Lifetime Achievement Award.

Attorney Information

Attorney NamesExperience
Ira Leesfield - Founder/Managing Partner52 yrs

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (20)
Facebook
5.0 / 5 (10)
Avvo
5.0 / 5 (10)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail

Consumers utilizing Expertise.com are free to communicate and contract with any lawyer they choose. Expertise.com is not involved in the confidential attorney-client relationship. Featured lawyers pay a reasonable advertising cost to market their legal services withExpertise.com and must meet similar selection criteria as other lawyers. All cases are different. Prior results do not guarantee a similar outcome.

Frequently Asked Questions

  • What is the non-emergency contact number for the local police station in Miami, Florida?

    (305) 603-6640 is the non-emergency contact number for the local police department in Miami.

  • What is the average settlement for medical malpractice cases in Miami?

    The National Practitioner Data Bank reports that medical malpractice claims in Florida typically result in settlements of about $210,000. However, your settlement value may vary depending on the facts of your case. It is best to consult an experienced Miami medical malpractice lawyer to help determine the amount of compensation you are entitled to receive.

  • When can you file a medical malpractice lawsuit against a doctor in Miami?

    You can sue for medical malpractice if the negligence or recklessness of your doctor or healthcare provider led to the harm or injuries you suffered in Miami. Some common medical malpractice claims involve surgical errors, incorrect prescription labels, and infections. Therefore, it is your responsibility as the plaintiff to establish all elements of negligence and give the court support for your claim, or you might not obtain the required compensation for your losses.

  • How long do you have to file a medical malpractice lawsuit in Miami?

    Generally, you have two years to file a medical malpractice lawsuit in Miami per Florida Statute 95.11(4)(b). However, cases involving minors can be filed within two years of discovery until the child turns eight years old. Fraud can also add two years to the statute of limitations from the day the injury was discovered.

  • Is there a damage cap on medical malpractice claims in Miami?

    There are no caps on the economic damages of medical malpractice in Miami and throughout Florida. The state law caps punitive damages at three times the amount of compensatory damages or $500,000. Voluntary binding arbitration has non-economic damage caps of $250,000 per claimant. Previously, Florida has set caps of $500,000 against medical practitioners and $1 million when negligence leads to a fatality. As things can get complicated, it is best to seek the legal help of an experienced medical malpractice lawyer.

  • What is the burden of proof for medical malpractice in Miami?

    A patient who suffered injuries or harm has the burden of proving that the doctor or healthcare provider was negligent in conducting the treatment or procedure in Miami. The injured party must prove the existence of a duty of care, the professional's breach of that duty, and the patient's resulting damages to recover damages from the defendant.