Florida has laws that define what constitutes medical malpractice, establish the rights of victims harmed by negligent medical care, and set the procedures that must be followed before a lawsuit can move forward. While victims have the right to seek damages, pursuing a medical malpractice claim is often more complicated than many other types of personal injury cases.
Our Florida medical malpractice lawyers believe in equipping victims with information to ensure they understand their rights and the state laws that apply to them.
When Is an Error Considered Medical Malpractice in Florida?
Medical malpractice occurs when a healthcare professional, such as a doctor, nurse, or other provider, fails to provide care that meets the accepted professional standard of care. This does not mean that every unexpected complication or unsuccessful treatment is considered malpractice.
Medicine is not always predictable, and patients can experience poor outcomes even when they receive appropriate care. Instead, a provider may be liable when their care falls below the accepted standard, and that failure causes injury.
Medical malpractice can occur in many different healthcare settings and at nearly every stage of a patient’s care. Some of the most common examples include:
- Anesthesia errors or surgical errors
- Birth injuries during pregnancy, labor, or delivery
- Nursing errors
- Medication errors
- Emergency room errors
- Misdiagnosis or failure to diagnose conditions like cancer, stroke, or heart issues
- Intubation errors
Whether a healthcare provider’s actions amount to medical malpractice often requires a careful review of the medical records, the circumstances surrounding the patient’s care, and the applicable standard of care. Medical malpractice attorneys work with qualified medical experts to evaluate these issues and determine whether a provider’s negligence caused the patient’s injuries.
A Lack of Informed Consent Can Be Medical Malpractice
Not every medical malpractice claim involves a mistake during treatment or surgery. In some cases, the issue is whether the patient was given enough information to make an informed decision before undergoing a procedure or course of treatment.
Florida Statutes § 766.103, known as the Florida Medical Consent Law, generally requires healthcare providers to give patients enough information to understand the proposed treatment, its substantial risks, and any medically acceptable alternatives so they can make an informed decision about their care.
A healthcare provider’s failure to obtain informed consent does not automatically establish medical malpractice. However, when a provider fails to make the disclosures required by law and a patient suffers harm that could have been avoided with proper information, a lack of informed consent may become an important part of a medical malpractice claim.
Who Can Be Held Responsible for Medical Malpractice?
Medical malpractice claims often involve more than one negligent healthcare provider or healthcare entity. Although many people assume they can only bring a claim against a physician, Florida law allows victims to pursue compensation from any party whose negligence contributed to their injuries.
Liable parties may include:
- Physicians and surgeons
- Nurses, nurse practitioners, and physician assistants
- Anesthesiologists, radiologists, and other specialists
- Hospitals and medical practices
- Outpatient surgery centers and other healthcare facilities
Identifying every liable party is not always as simple as looking at who provided treatment. Hospitals are generally responsible for the negligence of their employees, but many physicians practice as independent contractors rather than hospital employees.
Determining whether a hospital, physician group, or another healthcare entity shares responsibility requires a careful review of the provider’s relationship with the facility and the facts surrounding the patient’s care.
How Long Do You Have to File a Florida Medical Malpractice Lawsuit?
Unlike many other personal injury cases, medical malpractice is not always immediately apparent. Some patients may not realize that a healthcare provider’s negligence contributed to their injuries until weeks, months, or even years later. Determining when the deadline to file a lawsuit begins can be difficult, and missing it could leave patients without legal options.
Generally, Florida Statutes § 95.11 requires medical malpractice lawsuits to be filed within two years from the date the injury was discovered, or should have been discovered through the exercise of due diligence. In most cases, however, claims cannot be filed more than four years after the alleged malpractice, regardless of when it was discovered.
There are important exceptions to these general deadlines. For example, different rules may apply in cases involving young children or in cases where a healthcare provider fraudulently conceals malpractice. Florida medical malpractice cases are also subject to presuit requirements that can affect the overall timeline of a claim.
Pre-Suit Requirements for Malpractice Claims in Florida
Before a medical malpractice lawsuit can be filed, Florida Statute § 766.106 requires plaintiffs to complete a presuit process designed to evaluate the claim before litigation begins. The process includes:
- Obtaining a corroborating medical expert opinion stating that there are reasonable grounds to believe medical malpractice occurred
- Serving the healthcare provider with a notice of intent to initiate litigation
- Participating in a 90-day presuit investigation period, during which the healthcare provider reviews the claim and determines whether to admit liability, offer a settlement, or deny the allegations
Serving the notice of intent initiates the presuit process and tolls (or pauses) the statute of limitations while the parties complete this investigation. Because gathering medical records, obtaining the required expert review, and completing the presuit process all take time, it is important to begin evaluating a potential claim as soon as possible.
All our legal fees are earned on a contingency basis, meaning that we only get paid if we obtain a recovery for you.
Patients Have the Right to Access Their Medical Records
Florida Statutes § 456.057 and § 395.3025 give patients the right to inspect and obtain copies of their medical records from healthcare providers, subject to certain exceptions. This right allows patients to better understand the care they received and can be especially important when questions arise about whether medical malpractice occurred.
Medical records often document the course of treatment, physician and nursing notes, diagnostic testing, medications, and other details that help explain what happened during a patient’s care. These records also play a critical role in Florida’s presuit process, allowing attorneys and qualified medical experts to evaluate whether a healthcare provider met the accepted standard of care.
Because medical records are often one of the first pieces of evidence reviewed in a medical malpractice claim, obtaining complete and accurate records is an important step in investigating potential negligence.
Does Florida Have Any Damages Caps in Malpractice Lawsuits?
Until 2017, Florida was one of many U.S. states to impose caps—or limits—on the amount of damages victims can seek in medical malpractice cases. In 2017, however, the Florida Supreme Court issued a landmark decision striking down these caps on damages as unconstitutional. The court stated that they were arbitrarily set and that they victimized individuals who suffered the most severe harm and losses.
As a result of this decision, there are currently no statutory caps on the damages available to victims of medical negligence. Challenges to this ruling in late 2023 did not overturn the decision, but our lawyers are prepared for any legislative changes that could affect victims like you.
Damages Available to Victims of Medical Malpractice in Florida
Florida Statutes § 766.202 recognizes both economic and non-economic damages in medical malpractice cases. These damages are intended to compensate victims for the financial, physical, and emotional impact of negligent medical care. The damages available in any particular case will depend on the nature of the injuries and how they have affected the victim’s life. Injured parties could seek compensation for:
- Past and future medical expenses
- Lost income and diminished earning capacity
- Other financial losses, such as travel expenses or home modifications related to the injury
- Pain and suffering
- Emotional anguish
- Loss of consortium
- Inconvenience
- Loss of enjoyment of life
When medical malpractice results in a patient’s death, Florida’s wrongful death laws may allow surviving family members to pursue damages. However, Florida law places unique limitations on who may recover certain noneconomic damages in some medical malpractice wrongful death cases. These restrictions have been the subject of significant public debate and proposed legislative changes in recent years, but as of mid-2026, they still stand.
Can You Still Recover Compensation if You Were Partially at Fault?
Although changes to Florida Statutes § 768.81 in March 2023 made Florida a modified comparative negligence state for most personal injury cases, this change does not apply to medical malpractice claims.
Instead, medical malpractice cases continue to follow Florida’s pure comparative negligence system. If a patient’s own actions contributed to their injuries, a defendant may argue that the patient’s percentage of fault should reduce any compensation awarded. However, no percentage threshold automatically prevents a medical malpractice victim from recovering damages.
Although this is good news for malpractice victims, insurance companies and hospitals may still try to reduce compensation by blaming injured people for their injuries. The right medical malpractice lawyer should be able to combat these and other tactics that negligent parties and their representatives may use to reduce your settlement or verdict.
Discuss Your Case with Florida Medical Malpractice Lawyers
Florida’s medical malpractice laws are unlike those that govern most other personal injury claims, and pursuing a malpractice claim requires a thorough understanding of both the law and the medicine involved. These cases are often defended by experienced attorneys and insurance companies, making it important to work with a law firm that understands the unique legal and procedural requirements involved.
At Freidin Brown, P.A., we understand that many people contact us during one of the most difficult periods of their lives. Our team is committed to treating every client with compassion, answering their questions honestly, and providing experienced guidance throughout the legal process. With offices in Miami and Fort Myers, we proudly represent victims of medical malpractice throughout Florida. Contact us today for a free consultation.
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