FEATURED CASE · MISSED DIAGNOSIS / MEDICAL MALPRACTICE
Silva & Silva Represents Avisaíl García in His Missed-Diagnosis Lawsuit
Video: NBC6 South Florida, “Out of the Game” · watch on nbcmiami.com »
An All-Star Career, Cut Short
Former Miami Marlins outfielder Avisaíl García says a missed diagnosis — not his play on the field — is what really ended his Major League Baseball career. Silva & Silva partner Jorge E. Silva represents García in his lawsuit against the University of Miami’s Miller School of Medicine, whose doctors García alleges failed to identify a fracture in his back for more than a year.
García — a 2017 All-Star and 12-year Major League veteran from Venezuela who earned more than $80 million across his career — signed a four-year, $53 million contract with the Marlins ahead of the 2022 season, one of the biggest free-agent deals in franchise history. Early in the 2023 season, he got a hit and felt something go wrong in his back as he reached second base.
According to the lawsuit, an MRI revealed a pars defect — a stress fracture — in García’s lower back, and a follow-up CT scan was recommended to evaluate it. García alleges that scan was never performed. Instead, he says, doctors treated the problem as muscle or disc pain and directed him into rigorous physical therapy and training that made his symptoms worse.
“What happened was that the radiology report making the proper diagnosis with the proper recommendation fell through the cracks.”
— Jorge E. Silva, partner, Silva & Silva, to NBC6
The Marlins released García in 2024 — partly due to injuries, the team said at the time. It was only afterward, according to the complaint, that a doctor in New York treated him for the actual injury — which by then required extensive back surgery, with plates and screws inserted in his back. García says the delays in diagnosis and treatment cut his career short and left him living with constant pain.
The Miami Marlins are not a defendant in the lawsuit.
In the News
NBC6 SOUTH FLORIDA
“Former Marlins star says a missed diagnosis ended his career — now he’s suing”
TELEMUNDO 51 · EN ESPAÑOL
“Exestrella de los Miami Marlins asegura que médicos locales no detectaron lesión que puso fin a su carrera”
RADIOLOGY BUSINESS
“Former pro baseball player sues University of Miami over alleged radiology flub”
MIAMI HERALD
“Former Marlin Avi Garcia’s lawsuit blames UM doctors for the end of his career”
When a Diagnosis Falls Through the Cracks
A documented radiology finding that never reaches the patient is one of the most preventable forms of medical negligence. If you believe a missed or delayed diagnosis changed your life, Silva & Silva’s medical malpractice attorneys will review your case at no cost.
Call (305) 445-0011 or request a free case evaluation.
