Medical Malpractice Lawyers

In Florida, medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, causing injury or death to a patient. Common examples include misdiagnosis, surgical mistakes, medication errors, and improper treatment or follow-up.

Generally, you have two years from the date you discovered (or should have discovered) the injury to file a claim. There is also a four-year cap from the date the malpractice took place. Certain exceptions may apply, such as cases involving minors or instances where fraud or concealment is proven.

Florida law requires a pre-suit investigation that includes obtaining a written opinion from a qualified medical expert. You must also send a notice of intent to the healthcare provider before filing a lawsuit. This process helps ensure that only valid claims proceed to court.

Florida previously had caps on non-economic damages (like pain and suffering), but the Florida Supreme Court ruled them unconstitutional in most personal injury cases. However, some limitations may still apply in specific circumstances, such as cases involving state-run healthcare facilities. It is wise to consult with an attorney about the current laws and how they may affect your claim.

Most medical malpractice lawyers work on a contingency fee basis, which means they only receive payment if they successfully recover compensation for you. Florida law also regulates the percentage an attorney can charge in these cases, especially for recoveries beyond certain amounts, so it is important to discuss fees during your initial consultation.