Answers to the most common questions about medical malpractice claims in Florida.
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care and that deviation causes injury to the patient. Florida law requires a medical expert to confirm the merit of your claim before a lawsuit can be filed. Both individual providers and institutions like hospitals can be held liable.
Florida's statute of limitations is generally two years from the date you discovered (or should have discovered) the injury, with an absolute maximum of four years from the incident. Exceptions exist for fraud, concealment, and cases involving minors. Because the pre-suit process takes time, contact an attorney as early as possible.
Florida requires a pre-suit investigation before any medical malpractice lawsuit can be filed. This includes obtaining a verified written medical expert opinion that the standard of care was breached, then serving a notice of intent on all prospective defendants. This triggers a mandatory 90-day investigation period.
We work on a contingency fee basis — you pay nothing upfront and owe nothing if we don't win. We also advance all case costs including medical expert fees, court costs, and investigation expenses. Our fee is a percentage of your recovery, paid only if we succeed.
Florida law allows recovery for past and future medical expenses, lost wages and earning capacity, pain and suffering, mental anguish, disability, disfigurement, loss of enjoyment of life, and in wrongful death cases, loss of companionship and support. Punitive damages may be available in cases involving gross negligence.
Medical malpractice cases typically take one to three years to resolve. The pre-suit investigation process alone takes several months. Cases that go to trial take longer. Settlement is possible at various stages. Your attorney will give you a realistic timeline based on the specific facts of your case.
Florida's pre-suit requirements, including the mandatory medical expert opinion, make it essentially impossible to pursue a medical malpractice claim without an attorney. Beyond the procedural requirements, these cases involve complex medical evidence, expert testimony, and well-funded defense teams. Experienced legal representation is not optional — it's necessary.
Yes. Hospitals can be held liable for both the negligence of their employees and their own institutional failures such as understaffing, infection control breakdowns, and equipment maintenance negligence. If a government-operated hospital is involved, special notice requirements and sovereign immunity rules may apply.