Medical Malpractice Laws in Florida: What You Need to Know
Introduction
Medical malpractice occurs when a healthcare provider’s negligence causes injury or harm to a patient. Florida has strict laws governing who can file a claim, how much compensation can be recovered, and the legal process involved. Understanding these laws is crucial for anyone who believes they have been harmed by medical negligence.
This guide explains the basics of medical malpractice in Florida, how to prove negligence, and what steps to take if you or a loved one has been affected.
What Is Medical Malpractice?
Medical malpractice occurs when a doctor, nurse, hospital, or other healthcare provider fails to meet the standard of care, resulting in harm to a patient. The standard of care refers to the level of skill and attention that a reasonable medical professional would provide under similar circumstances.
Common examples of medical malpractice include:
- Misdiagnosis or delayed diagnosis
- Surgical errors (wrong site surgery, leaving instruments inside the patient)
- Medication errors (wrong dosage, prescribing the wrong drug)
- Anesthesia mistakes
- Birth injuries (cerebral palsy, brain damage due to oxygen deprivation)
- Hospital-acquired infections
- Failure to obtain informed consent before a procedure
Not every medical error qualifies as malpractice. To have a valid case, the patient must prove that the provider’s negligence directly caused harm.
How to Prove Medical Malpractice in Florida
To win a medical malpractice lawsuit, the plaintiff must prove the following elements:
1. Duty of Care
The healthcare provider must have had a doctor-patient relationship, meaning they were responsible for the patient’s treatment.
2. Breach of Standard of Care
The plaintiff must show that the provider failed to meet the accepted standard of care. This is often proven with testimony from medical experts who explain how the provider’s actions deviated from proper medical practices.
3. Causation
It must be proven that the negligence directly caused harm to the patient. If the patient would have suffered the same outcome regardless of the doctor’s actions, malpractice may not be established.
4. Damages
The patient must have suffered actual harm, such as:
- Additional medical expenses
- Lost wages due to inability to work
- Permanent disability or reduced quality of life
- Emotional pain and suffering
Without proving significant damages, a malpractice claim may not be successful.
Florida’s Pre-Suit Requirements for Medical Malpractice Cases
Unlike other personal injury claims, medical malpractice cases have strict pre-suit requirements in Florida. Before filing a lawsuit, the plaintiff must:
1. Conduct a Pre-Suit Investigation
An attorney must obtain sworn testimony from a medical expert, stating that the case has merit. This prevents frivolous lawsuits from moving forward.
2. Serve a Notice of Intent to Sue
Before filing a lawsuit, the plaintiff must send a notice of intent to the healthcare provider, giving them 90 days to respond.
- During this period, the defendant can settle the case, contest the claim, or request arbitration.
- The case cannot proceed to court until the pre-suit period expires.
These steps add extra time and complexity to medical malpractice claims, making it important to consult an attorney early.
Statute of Limitations for Medical Malpractice in Florida
In Florida, medical malpractice lawsuits must be filed within:
- Two years from the date the injury was discovered (or should have been discovered).
- No more than four years from the date of the malpractice, regardless of discovery.
Exceptions to the Time Limit
- If the malpractice involved fraud or concealment, the deadline may be extended to seven years.
- For minors under eight years old, the deadline is extended until the child’s eighth birthday.
If the lawsuit is filed after the statute of limitations expires, it will likely be dismissed.
Types of Compensation Available in Medical Malpractice Cases
Victims of medical malpractice may be entitled to economic and non-economic damages.
Economic Damages (Financial Losses)
- Medical bills (past and future treatments)
- Lost wages due to time off work
- Loss of earning capacity if the injury prevents future employment
Non-Economic Damages (Pain and Suffering)
- Physical pain and suffering
- Emotional distress
- Loss of quality of life
Florida previously had caps on non-economic damages, but the Florida Supreme Court ruled these caps unconstitutional in 2017, allowing victims to recover full compensation for their suffering.
Challenges in Medical Malpractice Cases
Medical malpractice cases are complex and highly contested. Some challenges include:
- Proving negligence: Doctors and hospitals often argue that complications were unavoidable or not caused by their actions.
- Medical expert requirements: Plaintiffs must have expert testimony to validate their claim.
- Defense tactics: Insurance companies and hospital legal teams often fight aggressively to deny liability or reduce compensation.
Because these cases require strong evidence and legal expertise, working with an experienced malpractice attorney is essential.
How a Medical Malpractice Attorney Can Help
An experienced medical malpractice attorney can:
- Investigate the case and gather expert testimony.
- Ensure the pre-suit requirements are properly followed.
- Handle negotiations with insurance companies and hospital lawyers.
- Represent the victim in court if a settlement is not reached.
At Bonderud Law, we have extensive experience handling medical malpractice cases and helping victims recover the compensation they deserve. If you or a loved one has suffered from medical negligence, contact us today for a free consultation.
Conclusion
Medical malpractice cases in Florida are highly complex due to strict pre-suit requirements, expert testimony rules, and short filing deadlines. However, if a healthcare provider’s negligence caused harm, the victim has the right to seek full compensation for their losses.
If you believe you or a loved one has been injured due to medical malpractice, consulting an experienced attorney as soon as possible can help ensure that your case is handled correctly and that you receive the compensation you deserve.
