Question 1

What is medical negligence (malpractice) in Florida?

Accepted Answer

Medical negligence -- commonly called medical malpractice -- occurs when a healthcare provider fails to meet the standard of care that a reasonably competent provider in the same specialty would have provided under the same circumstances, and that failure causes injury or death. The standard of care is not perfection -- it is the level of skill and treatment a similarly trained provider would have delivered. When a provider falls below that standard and you are harmed as a result, they may be liable.

Question 2

What must I prove to win a medical malpractice case in Florida?

Accepted Answer

You must prove four elements: (1) A doctor-patient relationship existed -- the provider owed you a duty of care. (2) The provider deviated from the accepted standard of care -- what a reasonably competent provider in the same specialty would have done. (3) The deviation caused your injury -- not your underlying condition or some other factor. (4) You suffered actual damages -- physical injury, additional medical expenses, lost wages, pain and suffering, or death. Expert medical testimony is required for elements 2 and 3.

Question 3

How long do I have to file a medical malpractice lawsuit in Florida?

Accepted Answer

Florida's medical malpractice statute of limitations is 2 years from the date the injury was discovered -- or should have been discovered with reasonable diligence. There is also an absolute 4-year statute of repose: no claim can be filed more than 4 years after the negligent act, regardless of when it was discovered. The only exception is fraud or concealment by the provider, which extends the period to 7 years. Critically, Florida's pre-suit process takes 3-6 months before a lawsuit can even be filed -- so you effectively have less than 2 years to act. Contact an attorney immediately.

Question 4

What are Florida's pre-suit requirements for medical malpractice?

Accepted Answer

Before filing a medical malpractice lawsuit in Florida, you must: (1) Conduct a pre-suit investigation with a qualified medical expert who reviews the records and provides a written opinion that the standard of care was breached. (2) Serve a Notice of Intent to Initiate Litigation on each prospective defendant. (3) Provide a verified written medical expert opinion corroborating the claim. This triggers a 90-day investigation period during which the defendant can investigate and make a settlement offer. Failing to comply with these requirements can result in dismissal of your case.

Question 5

What is the most common type of medical malpractice in Florida?

Accepted Answer

The most common types of medical malpractice claims in Florida include: misdiagnosis and delayed diagnosis (especially cancer, heart attacks, and strokes), surgical errors (wrong site, retained instruments, organ perforation), medication errors (wrong drug, wrong dose, dangerous interactions), birth injuries (HIE, cerebral palsy, oxygen deprivation), anesthesia errors, and failure to obtain informed consent. Hospital-acquired infections and nursing home negligence are also significant sources of claims.

Question 6

What is a misdiagnosis claim and when is it malpractice?

Accepted Answer

A misdiagnosis claim arises when a doctor fails to correctly identify a condition -- or diagnoses it too late -- and a competent physician in the same specialty would have made the correct diagnosis. Not every misdiagnosis is malpractice. Medicine involves uncertainty, and some conditions are genuinely difficult to diagnose. Malpractice occurs when the failure to diagnose falls below the standard of care -- for example, failing to order a standard screening test, ignoring obvious symptoms, or failing to refer to a specialist when indicated.

Question 7

Can I sue a hospital for medical malpractice in Florida?

Accepted Answer

Yes. Hospitals can be held liable for medical negligence in several ways: direct negligence (inadequate staffing, failure to maintain equipment, inadequate infection control), vicarious liability for the negligence of employed physicians and nurses, and apparent agency liability for independent contractor physicians if the hospital held them out as its employees. Hospitals are well-funded defendants with experienced legal teams -- having an attorney with the resources to take on a major hospital is essential.

Question 8

What are the damage caps for medical malpractice in Florida?

Accepted Answer

Florida caps non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life) in medical malpractice cases. The caps are $500,000 per claimant against a practitioner (doctor, nurse) and $750,000 per claimant against a non-practitioner (hospital, clinic). These caps increase to $1,000,000 in cases of catastrophic injury or death. Economic damages -- medical expenses, lost wages, future care costs -- are not capped. Note: Florida's damage caps have been subject to ongoing legal challenges; an attorney can advise on the current state of the law.

Question 9

What changed for medical malpractice wrongful death claims in 2023?

Accepted Answer

Florida's 2023 tort reform law (HB 837) significantly changed wrongful death damages in medical malpractice cases. Adult children and parents of adult patients can no longer recover non-economic damages (pain and suffering) in medical malpractice wrongful death cases. Surviving spouses and minor children retain their right to non-economic damages. This change does not affect wrongful death claims arising from car accidents, negligent security, or other non-medical-malpractice cases.

Question 10

What is a birth injury malpractice claim?

Accepted Answer

A birth injury malpractice claim arises when a baby is injured during labor, delivery, or the immediate newborn period due to a healthcare provider's negligence. Common birth injuries include hypoxic-ischemic encephalopathy (HIE), cerebral palsy, Erb's palsy, and brain damage from oxygen deprivation. Common causes include failure to monitor fetal heart rate, delayed C-section, improper use of forceps or vacuum extractors, and failure to recognize and treat fetal distress. Not all birth injuries are caused by negligence -- but when they are, the damages can be substantial given the lifetime of care the child will require.

Question 11

What is Florida's NICA program and how does it affect birth injury claims?

Accepted Answer

Florida's Neurological Injury Compensation Association (NICA) is a no-fault program that provides limited compensation for certain birth-related neurological injuries at participating hospitals. If a baby suffers a qualifying brain or spinal cord injury during labor and delivery at a NICA-participating hospital, the family may be required to seek compensation through NICA rather than through a civil lawsuit. NICA benefits are significantly less than what a successful malpractice lawsuit might recover. An experienced birth injury attorney can evaluate whether NICA applies and whether there are grounds to pursue a civil claim instead.

Question 12

How much does a medical malpractice case cost to pursue?

Accepted Answer

Medical malpractice cases are expensive to litigate -- they require multiple expert witnesses, extensive medical record review, depositions, and often years of litigation. At Juan Cordero Lawyers, we advance all case costs on your behalf and handle medical negligence cases on a contingency fee basis -- you pay nothing unless we win. We have the resources to take on hospitals, physicians, and their insurers and see the case through to a successful resolution.

Medical Negligence Questions, Answered

Injured? Call Now for a Free Consultation.

Medical Malpractice FAQ Florida | Juan Cordero Lawyers

Medical Negligence Questions, Answered

Injured? Call Now for a Free Consultation.