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Medical Malpractice Lawsuit in Florida

Medical Malpractice Lawsuit in Florida

To succeed in a medical malpractice lawsuit in Florida, a plaintiff must prove four essential elements:

  1. A doctor–patient relationship existed.
  2. The healthcare provider breached the prevailing standard of care.
  3. This breach caused an injury (causation).
  4. The victim suffered damages (injuries).

Florida also imposes strict time limits. The statute of limitations generally allows 2 years from when the injury was, or reasonably should have been, discovered. However, there’s a 4 year statute of repose, which bars any action more than four years after the incident, regardless of discovery and there are exceptions.

In this article, we’ll break down:

What Qualifies as Medical Malpractice in Florida?

Medical malpractice occurs when a health care provider, such as a surgeon, primary care physician, or nurse, deviates from the prevailing professional standard of care.

According to Florida Statute 766.102, the prevailing professional standard of care for a given health care provider shall be “that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”

Thus, to successfully sue for medical malpractice in Florida, a patient must prove that the healthcare provider’s actions fell below this standard of care, directly causing harm to the patient.

Types of Medical Malpractice

Malpractice can take several forms. Some common errors or omissions that may give rise to a medical malpractice lawsuit include:

Failure to Diagnose

Failure to diagnose a condition, or a delay in arriving at a diagnosis, can lead to negative outcomes if a patient doesn’t receive treatment quickly enough. This often occurs with cancer diagnosis. Failure to diagnose lawsuits hinge on whether a reasonable health care provider in the same situation would have arrived at a correct diagnosis more quickly.

Surgery Errors

Surgical errors encompass a wide range of wrongdoings—from invasive mishaps to negligence. Some examples include:

Wrong‑Site, Wrong‑Patient, and Wrong‑Procedure Surgeries

These are clear and egregious violations. For example, if a patient receives the wrong operation, or the procedure is carried out on the wrong body part.

Leaving Foreign Objects Behind

This includes surgical staff leaving sponges, instruments, or other materials inside the patient post‑operation. These objects may cause infection or injury. It can sometimes take a long time for the foreign object to be discovered.

Anesthesia Errors

Errors in administering or monitoring anesthesia can lead to serious complications, including brain damage, respiratory distress, or death.

Nerve Damage

Inadequate care during procedures, especially orthopedic or neurological operations, can result in permanent nerve injury. These surgical complications can have a long-lasting impact on a person’s mobility, dexterity, and quality of life. Severe nerve damage may prevent a person from being able to carry out their usual occupation.

Postoperative Infections

Surgical site infections, such as sepsis or staph, can result from contaminated instruments or poor sterilization practices. These infections can be life-threatening, and even patients who do recover can be left with long-lasting side effects from the illness.

Internal Bleeding After Surgery

Uncontrolled bleeding post‑surgery may result from surgical negligence or failure to monitor the patient during surgery.

Delayed Diagnosis

This is similar to a failure to diagnose, but focuses on the lost treatment time and how that may have caused a treatable or manageable condition to get worse than it otherwise might have been.

Emergency Room Errors

Misdiagnosis, failure to detect a critical condition, errors or omissions in treatment, and delays in treatment, are common issues in emergency room malpractice cases and can present a significant risk to a patient.

Failure to Treat

Neglect in treating a diagnosed condition can occur when a provider deviates from standard practices and fails to start (or chooses to cease) a necessary course of treatment.

Failure of the Treatment and Care

Even properly diagnosed conditions can worsen if treatment is improperly administered or if follow‑up care is inadequate.

Misdiagnosis

Assigning an incorrect diagnosis leads to misguided treatment plans and can cause potential harm. The most common being cancer misdiagnosis. Failure to treat the patient’s medical condition may lead to it worsening. In addition, administering incorrect treatments can expose a patient to unnecessary and potentially harmful side effects.

Prescription Drug Errors

These include incorrect dosages, prescribing contraindicated medications, or failing to check for drug interactions. Mistakes made when prescribing drugs can lead to a patient experiencing side effects that they might otherwise have avoided.

Factors That Contribute to Medical Malpractice

While individual errors by health care professionals often receive the most attention, systemic issues within healthcare environments play a significant role in contributing to medical malpractice. Factors such as the care setting and communication breakdowns can create conditions ripe for preventable mistakes:

  • Health care settings. The setting in which care is delivered can increase the risk of errors. Teaching hospitals, under-staffed facilities, or facilities with outdated equipment can increase the risk of avoidable negative outcomes.
  • Communication breakdowns. Poor communication among staff, between health care professionals, or with patients can cause potentially dangerous misunderstandings or omissions. If a physician cannot accurately convey the benefits and risks of a surgical option or course of treatment, this can lead to the patient being unable to give informed consent for the treatment they choose to pursue.

How Long Do I Have to Sue for Medical Malpractice in Florida?

Under Florida’s Statute of Limitation law, § 95.11(5)(c), patients generally have 2 years from the date they became aware of (or should reasonably have been aware of) the malpractice. There’s also a 4-year statute of repose, meaning that regardless of whether the injury was known about, no action can be brought against a physician more than four years after the injury.

Exceptions to this statute include:

  • Fraud or concealment: Evidence of fraud or concealment could extend the deadline to 7 years.
  • Minor children: In the case of an injured minor, they may be able to bring a case upon reaching the age of majority.

Delay in acting can result in the loss of your legal rights. That’s why if you have reason to believe you’ve suffered an injury as a result of medical malpractice, then it is imperative that you immediately contact an experienced medical malpractice lawyer as soon as possible to discuss your options and to preserve your rights.

What Is the Average Settlement for a Medical Malpractice Lawsuit in Florida?

While settlements vary widely, most fall in the range of $200,000 to $250,000. However, severe cases—especially those involving permanent disability or death—can exceed $500,000 or more. Several factors influence settlement size, including:

  • The severity and permanency of injury
  • Medical costs (both past and anticipated)
  • Lost wages and the impact the injury may have on future earning capacity
  • Pain, suffering, and diminished quality of life (also known as non‑economic damages)
  • Strength of evidence, availability of expert testimony, and insurance policy limits

What Compensation Can You Recover From a Medical Malpractice Case?

When pursuing a medical malpractice lawsuit in Florida, victims may be entitled to various forms of compensation depending on the nature and severity of their injuries. These damages are categorized into economic, non-economic, and, in certain cases, punitive damages, each governed by specific statutory guidelines.

  • Economic damages. This covers tangible financial losses. Economic damages are governed by Florida medical malpractice statutory law. In particular, Florida Statute 766.202 (3) defines economic damages as “financial losses that would not have occurred but for the injury giving rise to the cause of action”, allowing the plaintiff to claim for past and future medical bills and up to 80% of lost earnings.
  • Non‑economic damages. This compensation is intended to address emotional distress and loss of enjoyment of life. Florida Statute 766.202 (8) defines non-economic damages as “non-financial losses that would not have occurred but for the injury giving rise to the cause of action, including pain and suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of capacity for enjoyment of life.” Under Florida Statute 766.118, these damages are limited to $500,000 per claimant unless the injury resulted in the injured person being in a permanent vegetative state.
  • Punitive Damages: This type of compensation is reserved for medical malpractice cases involving reckless or egregious conduct and is governed by strict statutory requirements. To recover punitive damages in a medical malpractice case, the victim must provide clear and convincing evidence of intentional misconduct or gross negligence. Additionally, these damages are subject to statutory caps and limitations.

What Proof Do I Need to Win a Medical Malpractice Lawsuit?

Medical malpractice arises when a health care provider’s actions—or inactions—fail to meet the prevailing standard of care, resulting in harm to the patient. According to the National Library of Medicine, there are four functional elements to a medical malpractice lawsuit that must be proven to establish medical malpractice, including:

  • Existence of a doctor–patient relationship: You must prove that the defendant has a duty to you to provide care.
  • Proof of a breach of the standard of care: Demonstrate what a reasonable doctor would have done in the same circumstances and health care provider breached that duty.
  • Causation: You must prove that the medical professional’s errors or omissions directly led to the negative outcome, which is the most difficult element to prove in a medical malpractice lawsuit.
  • Damages: The injuries you sustained must be tangible. For example, you must have experienced physical harm, monetary loss, or emotional suffering.

Law Note: In order to file a medical malpractice law, Florida law requires a pre‑suit affidavit from a qualified medical professional, affirming a breach of the prevailing standard of professional care with details on the specific actions or inactions that constituted malpractice and how those actions resulted in harm to the patient.

How to File a Medical Malpractice Lawsuit in Florida

Filing a medical malpractice lawsuit in Florida requires a thorough understanding of the legal process, from gathering evidence to meeting strict pre-suit requirements to preparing for mediation and possibly trial. There are 7 key steps in filing these lawsuits:

1. Gather Medical Records and Evidence

Before you start the legal process, collect as much evidence as possible, including:

  • Medical records and bill
  • Treatment notes
  • Lab results
  • Diagnostic images
  • Provider communications
  • Appointment logs
  • Prescription records
  • Discharge instructions

The goal is to prove that something went wrong, when it happened, and who is to blame. Your attorney and medical expert can put together a timeline of your case and show evidence of injury and fault, helping the courts come to a just conclusion that makes you whole again.

2. Obtain an Affidavit From an Expert (Corroborating Medical Opinion)

Before you can file your lawsuit, Florida law mandates a sworn statement from a licensed health care expert in the same specialty, confirming that malpractice likely occurred. This expert must review the records and conclude that malpractice likely occurred. This step is not just a formality—it serves as a filter, ensuring that only valid claims are filed and it prevents frivolous claims from clogging up the judicial system.

Law Note on Expert Witness Requirements: In Florida medical malpractice lawsuits, expert witnesses are critical in establishing whether a healthcare provider breached the prevailing professional standard of care. Florida Statute 766.102 mandates that experts must hold an active and valid license, thoroughly review the relevant medical records, and meet specific professional experience criteria. These criteria vary based on the type of healthcare provider involved. For specialists, the expert must share the same specialty and have spent the 3 years prior to the incident in active clinical practice, teaching, or research in that specialty. General practitioners require 5 years of similar experience, while other healthcare providers must meet comparable standards within their field.

3. Conduct Pre‑suit Investigation of Medical Negligence Claims

Under Florida Statute 766.203:

“(2) PRESUIT INVESTIGATION BY CLAIMANT.—Prior to issuing notification of intent to initiate medical negligence litigation pursuant to s. 766.106, the claimant shall conduct an investigation to ascertain that there are reasonable grounds to believe that:
(a) Any named defendant in the litigation was negligent in the care or treatment of the claimant; and
(b) Such negligence resulted in injury to the claimant.
Corroboration of reasonable grounds to initiate medical negligence litigation shall be provided by the claimant’s submission of a verified written medical expert opinion from a medical expert as defined in s. 766.202(6), at the time the notice of intent to initiate litigation is mailed, which statement shall corroborate reasonable grounds to support the claim of medical negligence.”

This investigation may involve reviewing internal hospital policies, your medical records and reviewing your medical history and test results. The goal of the investigation is to ensure your claim is factually and legally sound and encourage early settlement before a formal lawsuit is filed.

4. Serve a Notice of Intent to Sue

As required by Florida Statute 766.106, you must send a formal notice to each potential defendant before filing a lawsuit. This initiates a 90-day waiting period during which the healthcare provider or their insurer can investigate, respond, and possibly settle.

The notice must include specific details and be accompanied by the corroborating expert opinion, so accuracy and completeness are essential.

5. Wait for the Pre‑suit Investigation Period to Conclude

During these 90 days, the defendant’s insurer, if any, will review the claim and consult its own experts. They have the right to request additional records. Many cases settle at this stage if liability is clear and damages are well-documented. However, if the defendant disputes fault or damages, the matter will move forward to litigation.

6. File a Complaint with the Clerk of the Court

If no resolution is reached, your attorney can file a complaint in the appropriate court. The complaint outlines the facts, legal basis, and damages sought. Filing a complaint triggers the litigation process, including formal deadlines for responses and discovery.

If the case goes all the way to trial, then this can be a long and time-consuming process. Fortunately, many cases resolve in mediation before a trial occurs.

7. Proceed Through Discovery, Negotiation, Mediation, or Trial

Discovery allows both sides to exchange information through depositions, interrogatories, and document requests. Mediation is often used to seek a mutually acceptable settlement without trial.

If negotiations fail, the case proceeds to trial, where a judge or jury determines liability and damages. While trials can be lengthy and complex, they sometimes result in higher compensation when the evidence strongly supports the victim’s case.

How Hard Is it to Prove Medical Malpractice in Florida?

Medical malpractice cases are challenging. Florida law requires the plaintiff to prove duty, breach, causation, and damages—by clear and convincing evidence. Success often hinges on expert testimony to define the prevailing standard of care and to establish a breach of that standard. Expert witnesses are thus indispensable.

Additionally, non‑economic damages are difficult to quantify. Defendants often argue that poor outcomes stemmed from the underlying medical condition rather than negligence. Complex medical records and technical treatment details require painstaking review and interpretation by seasoned experts. In short, the evidentiary hurdles are high.

Working with an experienced medical malpractice attorney can increase the chances of success as they can advise on how to present the case and meet the strict evidentiary requirements.

Medical Malpractice Lawsuit FAQs

How long do medical malpractice claims take?
Timelines vary. Some medical malpractice cases can be resolved in less than a year. More complex cases may take several years.

How much does it cost to sue for medical malpractice?
Costs include obtaining medical records, expert fees, and legal fees. It’s not unusual for a case to cost between $25,000 and $75,000 in total, with complex cases sometimes reaching fees in excess of $150,000. Many attorneys work on a contingency basis, meaning the lawyer advances all costs and all fees come from your final settlement or jury award.

In a medical malpractice lawsuit, are you suing the doctor or the hospital?
You can sue either or both. Doctors are responsible for their own negligence; hospitals may also be liable under vicarious liability or institutional negligence rules.

Can you hold more than two doctors responsible in a medical malpractice lawsuit?
Yes. Multiple providers involved in your care may be named if each contributed to negligence.

Does the filing of a medical malpractice lawsuit always need an expert witness?
Yes. Under Florida law, expert testimony is required to establish breach and causation, and is mandatory even in the pre‑suit affidavit.

Why Should You Search for a “Medical Malpractice Lawyer Near Me”?

When dealing with the complexities of a medical malpractice lawsuit, having a medical malpractice attorney by your side can make all the difference. Searching for a “medical malpractice lawyer near me” ensures that you find a local attorney who is familiar with nearby healthcare providers and medical experts, which can streamline the process of gathering evidence and obtaining expert opinions. Additionally, working with a nearby lawyer allows for easier communication and in-person consultations, giving you the personalized attention your case deserves.

Have a Question?

If you’re facing a potential medical malpractice issue, don’t wait. Experienced medical malpractice attorney Alan Sackrin can help you bring a case against a negligent health care professional. Call: (954) 458‑8655 or contact Alan Sackrin online to discuss your case.
 
 
 

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