Our Florida medical malpractice case results.
A record of outcomes from cases we have handled. Verdicts, settlements, and matters resolved short of trial. Not a promise of value. The numbers below describe what happened. They do not predict what will happen in your case.
How to read these results.
Five things every reader should understand before looking at any law firm’s case results, ours included.
Verdict vs. settlement.
Two different numbers. Two different stories.A verdict is a number a jury or judge awarded after trial. A settlement is a number both sides agreed to before or during trial. Settlements often come with confidentiality terms, which is why some amounts are listed as “confidential.”
Gross numbers, not net to client.
The headline is not what the family receives.The amounts listed are gross recoveries. From a gross recovery, courts and contracts may require payment of medical liens, hospital subrogation, Medicare or Medicaid reimbursement, contingency fees, and case costs before the client receives funds. Net recovery to a client is always lower than the headline number.
Verdicts can be reduced or appealed.
A jury verdict is not the final word.Florida statutes cap certain damages, defendants routinely appeal large verdicts, and post-trial motions can reduce awards. Where applicable we note the final adjusted recovery, not just the verdict headline.
Why some results are confidential.
Confidential means resolved, not small.Many medical malpractice settlements include confidentiality clauses required by the defendant or insurer as a condition of resolution. We do not breach those clauses. “Confidential” means the matter resolved successfully but the amount cannot be published.
Past results do not predict yours.
Use as a record. Not as a value estimate.Two cases that look identical on the surface, same injury, same hospital, can resolve very differently because of causation evidence, expert availability, statute of limitations, comparative fault, and venue. Use these results to understand the kind of work we do. Do not use them as a value estimate for your case.
Results matrix.
Every row is a real case we handled. Click a column header to sort. Filter by practice area or by verdict vs. settlement. Confidential settlements are listed; the amount is withheld where contract terms require it.
| Amount | Case Type | Injury / Mechanism | County / Venue | Year | Result | Disclosure |
|---|---|---|---|---|---|---|
| Loading case results… | ||||||
How a medical malpractice
case actually resolves.
A single dollar figure tells you almost nothing. Below: three matters from the table above, broken down the way medical experts and judges actually look at them. Mechanism, harm, standard of care, causation, and resolution.
A delayed C-section, a permanent brain injury, and a hospital that did not intervene.
A first-time mother presented to a South Florida labor and delivery unit at 39 weeks. Continuous fetal monitoring showed repeated late decelerations beginning roughly six hours into labor. This is a recognized sign of fetal distress.
The hospital did not move to operative delivery for an additional two hours and forty minutes. The infant was born with hypoxic-ischemic encephalopathy (HIE), suffered seizures within hours of birth, and was later diagnosed with permanent spastic quadriplegic cerebral palsy. Lifelong attendant care is required.
Three board-certified maternal-fetal medicine experts testified that, under the hospital’s own L&D protocols and ACOG guidance, the documented strip pattern required intervention within 30 minutes. The chart showed no documented evaluation, no terbutaline, no operative preparation during the relevant window.
Cord gas analysis at delivery, MRI imaging at 72 hours, and pediatric neurology testimony established that the brain injury occurred during the documented window of inaction, not before. Defendants attempted a “pre-existing injury” theory; the imaging timeline ruled it out.
After a two-week trial in Miami-Dade Circuit Court, the jury returned a verdict of $11.2M for the family. The award was structured to fund a special-needs trust covering attendant care, therapy, adapted housing, and lost earning capacity. The judgment was not appealed.
Note: This is a record of one matter. Birth injury cases are highly fact-specific. A different monitoring strip, a different documented response, or a different venue could produce a materially different outcome.
A laparoscopic procedure, an unrecognized perforation, and four days of preventable sepsis.
During an elective laparoscopic procedure, the operating surgeon caused a full-thickness bowel perforation with the trocar. The injury was not identified intraoperatively. The patient was discharged the next morning.
Over the following 96 hours the patient developed worsening abdominal pain, fever, and hypotension. Two outpatient calls were documented; both were treated as routine post-op recovery. The patient ultimately presented to a different hospital in septic shock and required emergency exploratory laparotomy, ICU admission, and a temporary colostomy.
Two general surgery experts testified that recognized post-operative red flags, fever combined with worsening pain past 48 hours, required immediate imaging and surgical re-evaluation, not telephone reassurance. The defense expert agreed at deposition.
Pathology from the second hospital confirmed the perforation occurred at the trocar site. Infectious disease testimony established that early intervention would have prevented the progression to sepsis and the colostomy.
The matter resolved at private mediation prior to trial. Settlement terms are confidential by contract. The recovery was structured to fund ongoing reconstructive care, lost earnings, and pain-and-suffering damages.
Note: Confidentiality terms are common in surgical error settlements. The amount is withheld in compliance with the resolution agreement; the underlying file is documented and reviewable for verification by qualified counsel under appropriate non-disclosure terms.
A cardiac patient, a missed telemetry alarm, and a death that the chart could not explain.
A 58-year-old man was admitted to a step-down cardiac unit for monitoring after a positive stress test. He was placed on continuous telemetry. Hospital protocol required nursing review of telemetry alarms within five minutes of activation.
Telemetry logs, preserved by court order, showed a sustained ventricular tachycardia event lasting over 40 minutes with no documented nursing response. The patient was found unresponsive at shift change. He was pronounced dead a short time later. He left a wife and two adult children.
Cardiology and nursing experts established that the hospital’s own telemetry policy was breached on its face. A staffing audit produced in discovery showed the assigned nurse was responsible for an above-protocol patient ratio on the night in question.
A defense expert conceded at deposition that timely intervention during the documented arrhythmia, things like defibrillation, pharmacologic conversion, or rapid response activation, would more likely than not have prevented the death. The chart contained no countervailing entry.
The matter resolved at $6.5M at mediation following the close of expert discovery. The recovery was distributed among the surviving spouse and adult children under Florida’s Wrongful Death Act. The hospital later revised its telemetry alarm policy.
Note: Wrongful death recoveries are governed by Florida Statute § 768.21 and depend heavily on the surviving family structure. The same facts with a different family configuration would produce a different recovery.
Patterns we see.
A practice area view of the same record. Each tile lists the count of resolved matters and the recurring fact pattern we encounter. This is not a value estimate. Click any area for the playbook page covering investigation, experts, and statutes of limitations.
Fact pattern we see most: continuous fetal monitoring strip showed distress; documented response was delayed; HIE or cerebral palsy followed.
Playbook 22+ Surgical ErrorMost common: intraoperative injury (bowel, vascular, retained foreign body) not recognized in OR, then missed in early post-op evaluation.
Playbook 19+ MisdiagnosisCancers with classic presentation; cardiac events in women; pulmonary embolism. Pattern: imaging or labs ordered but not actioned.
Playbook 11+ Hospital NegligenceSystemic failures. Staffing ratios, monitoring policy breach, communication breakdowns at shift change. Not isolated provider error.
Playbook 9+ ER NegligenceEarly discharge of patients with red flags (chest pain, severe headache, sepsis criteria) before adequate workup; return visit days later.
Playbook 15+ Nursing HomePressure injuries, dehydration, falls in residents flagged as high-risk. Care plans on paper not matched by documented care delivery.
Playbook 17+ Wrongful DeathDeaths from preventable progression. Sepsis, arrhythmia, postpartum hemorrhage. Cases where the chart shows the warning signs but not the response.
Playbook 100+ All Practice AreasA complete view of how we screen, investigate, and litigate medical malpractice matters across Florida, including cases we decline.
About the practiceWhat case results don’t tell you.
Three things every prospective client should understand before reading any law firm’s results page, including ours.
What “gross recovery” leaves out.
Every dollar amount above is a gross figure. That is what the defendant or insurer paid. Before the client receives a check, several things come off the top:
- Medical liens. Hospitals, Medicare, Medicaid, and private insurers can claim reimbursement for what they paid to treat the injury.
- Case costs. Expert witness fees, court reporter fees, deposition transcripts, medical illustration. In a fully tried med mal case, costs can run six figures.
- Contingency fee. Florida law sets a sliding-scale cap on med-mal contingency fees. We disclose ours in writing before any case starts.
Net to client is less than gross recovery, always. We talk through likely net ranges before any case begins.
Why some amounts are confidential.
Many medical malpractice settlements include a contractual confidentiality clause, demanded by the defendant or insurer as a condition of resolution. We do not breach those clauses to make a marketing page look more impressive.
- “Confidential” means resolved. The matter closed successfully. The amount cannot be published.
- It does not mean small. Several of the confidential matters above are eight-figure resolutions.
- Verification on request. For qualified inquirers like referring counsel or ethics review, we can confirm category and resolution range under appropriate NDA.
How we document each row.
Every result on this page corresponds to a closed matter in our case management system. Before any row is published or updated, three things happen:
- Source-of-truth match. Amount, venue, year, and resolution type are matched to the underlying judgment, settlement agreement, or closing statement.
- Confidentiality review. Each row is reviewed against the resolution agreement to determine whether the amount can be published.
- Annual audit. We re-review the entire results record at least once a year. The “Last reviewed” date at the top of this page is real, not decorative.
What people ask about case results.
Plain answers to the questions clients and referring counsel ask most about this page. If yours is not here, call us.
No. The matrix above shows a curated sample, a representative cross-section of the practice areas we handle. We have closed many additional matters that are not listed for one of three reasons: (1) a confidentiality clause prohibits publication of any identifying detail, (2) the result is too dated to be representative of current practice, or (3) the resolution amount is small relative to the focus of this page.
For referring counsel performing diligence on the practice, we can provide additional non-confidential detail under appropriate professional terms.
A verdict is a number a jury or judge awarded after a trial. A settlement is a number both sides agreed to before or during trial. Most medical malpractice cases that resolve in the plaintiff’s favor resolve as settlements. This often happens because the defendant’s insurer makes a serious offer once liability evidence is on record.
Verdicts are public. Settlements are frequently confidential by contract. The presence of “settlement” on a row does not mean the amount was lower than a verdict would have been; it often means the matter resolved without the cost, delay, and appeal risk of a full trial.
Many settlements in medical malpractice include a contractual confidentiality clause as a condition of resolution. The defendant or insurer requires it, and the plaintiff agrees to it as part of the bargain. We honor those agreements.
“Confidential” on this page means the matter did resolve in our client’s favor. The agreement closed and was funded. But the dollar amount, defendant identity, or both are restricted from publication. It is not a placeholder for a small recovery.
Three categories come out of any gross recovery, in this order:
1. Case costs. Expert witness fees, deposition costs, medical illustration, court filing fees. We advance these. They are reimbursed from the recovery.
2. Liens and subrogation. Hospitals, Medicare, Medicaid, and private insurers can assert claims for medical bills they paid related to the injury. Florida and federal law govern reduction and negotiation of these liens. We negotiate them on the client’s behalf.
3. Contingency fee. Florida law sets a sliding-scale cap on med-mal contingency fees. The exact percentage is disclosed in writing before any representation begins, and is confirmed on the closing statement at the end.
What remains is the client’s net recovery. We model likely net ranges before filing. Clients should never be surprised at closing.
No, and we will not tell you that you can. Two cases that look similar on a results page can resolve very differently because of factors that do not appear in the headline:
The strength of the available imaging and lab record, whether qualified medical experts will support the case under Florida’s affidavit of merit requirement, the statute of limitations posture, the venue (Florida juries differ widely by county), comparative fault, and Florida’s statutory damages caps.
The honest answer is: we will look at your records, give you a frank read on what the case looks like, and tell you whether we think it is one we should take. We turn down most cases we screen.
A useful rule of thumb: 18 to 36 months from intake to resolution for the majority of matters that proceed past pre-suit. The major drivers are the Florida pre-suit investigation period (mandated by statute), expert availability, the size and complexity of the medical record, the venue’s docket, and whether the defense pursues appeal after a verdict.
Cases with clear liability and well-organized records can resolve faster. Cases with disputed causation or a defense intent on trial can take longer. We give a realistic timeline at intake and update it as the file develops.
Florida court records for public verdicts are searchable through the relevant Clerk of the Circuit Court. Miami-Dade, Broward, Palm Beach, and other counties each maintain online dockets. Verdicts and final judgments are public documents. Settlements that did not result in a filed judgment are typically not on the public docket.
For any specific matter on this page, we are happy to direct qualified inquirers to the docket reference where one exists. We do not publish docket numbers on this page out of respect for client privacy.
Tell us what happened.
If something on this page sounds like what happened to your family, call us. The case review is free. The conversation is confidential. You don’t pay us a dollar unless we win.
Full disclosure regarding case results
Past results do not guarantee future outcomes. The case results shown on this page are a representative sample of matters handled by Percy Martinez Law and its attorneys. They are presented as a record of past work, not as a prediction or promise of recovery in any future matter. Every legal claim turns on its own facts, evidence, applicable law, expert availability, and venue.
Amounts shown are gross recoveries before payment of attorney’s fees, case costs, medical liens, and other obligations. The net amount received by a client is materially less than the gross amount in every case.
Some results are listed as “confidential” because the resolution agreement contains a contractual confidentiality clause prohibiting publication of the amount. This is common practice in medical malpractice resolutions and does not reflect the size of the recovery.
This page is updated and audited at least annually. The most recent review date is shown at the top of the results matrix.
Reading this page does not create an attorney-client relationship. No attorney-client relationship is formed unless and until a written engagement agreement is executed by both the client and the firm. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.
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