Informed Clients Make Better Decisions

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care — the level of treatment a reasonably competent provider in the same specialty would deliver under similar circumstances. Common examples include surgical errors, misdiagnoses, medication mistakes, birth injuries, and failure to order appropriate diagnostic tests. Not every bad medical outcome is malpractice. There must be a clear departure from the accepted standard that directly caused your injury.

Proving malpractice requires establishing four elements: The provider owed you a duty of care; They breached that duty by deviating from the accepted standard; That breach directly caused your injury; and You suffered measurable damages as a result. Because medicine is complex, qualified expert witnesses — typically physicians in the same specialty — are essential to establishing both the standard of care and the deviation from it. Florida also requires a mandatory presuit investigation period under § 766.106 before any lawsuit can be filed, with specific notice and response deadlines that must be strictly followed.

Florida law allows malpractice victims to recover economic damages — including past and future medical expenses, lost wages, and loss of earning capacity — as well as non-economic damages such as pain and suffering, loss of enjoyment of life, and disfigurement. In cases where medical negligence causes a wrongful death, surviving family members may also pursue loss of companionship and mental anguish damages. Florida's cap on non-economic damages in medical malpractice cases was struck down as unconstitutional in 2017, allowing full recovery based on the facts of each individual case.

Under Florida Statutes § 95.11(4)(b), you generally have 2 years from the date you discovered — or reasonably should have discovered — the injury and its connection to medical negligence. Florida also imposes a 4-year statute of repose, meaning no claim can be brought more than 4 years after the incident regardless of when discovery occurs, except in limited cases involving fraud, concealment, or misrepresentation. Because these deadlines are strict and the presuit investigation process must begin well before any lawsuit is filed, it is critical to consult with an attorney as soon as you suspect you've been harmed.