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How to File a Medical Malpractice Claim in Florida
Medical malpractice occurs when a healthcare provider, as defined by Florida Statutes to include doctors, hospitals, HMO’s, nurses, chiropractors, and therapists – fails to provide a given standard of care, resulting in injury or death.Florida medical malpractice laws include strict time limits and steps to follow in order to pursue a claim. Before you can file a medical malpractice lawsuit, for example, you must participate in a pre-suit investigation.
The steps for filing a medical malpractice claim include:
- Obtain an affidavit from a doctor confirming that your injury or condition is a result of medical malpractice. Our skilled attorneys can connect you with a medical specialist who has the level of experience needed to provide this detailed medical opinion.
- Send a notice of intent to sue to any parties that should be held liable in your medical malpractice claim. Our attorneys will also include the affidavit from the doctor in this notice to show proof of your claim.
- The defendant(s) will solicit a separate doctor’s opinion and launch an investigation into your claim. Health care providers and their insurers will immediately deploy their aggressive team of attorneys to try to disprove your claim.
- Both sides will collect evidence, such as medical records and other relevant documents. Our attorneys will build a solid case in pursuit of the full and fair compensation you deserve.
- The defendant(s) will have 90 days to decide how to respond. The pre-suit investigation could end in a medical malpractice settlement offer, or the health care provider could deny responsibility.
- Once the pre-suit investigation is concluded, you may file a medical malpractice lawsuit. Our experienced medical malpractice attorneys will go over all of your legal options to help you decide how to move forward in pursuit of the justice you deserve.
The process for filing a medical malpractice claim in Florida is extremely complex, and you can be sure that health care providers and insurance companies will enlist a large team of lawyers to fight these claims. You deserve a strong advocate who will stand up for your rights against deep-pocketed health care providers.
Schedule a free case consultation with our skilled medical malpractice attorney, and let us get to work on your claim. Contact us today to get started.
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How Long Do You Have to File a Medical Malpractice Lawsuit in Florida?
Florida law limits the time you have to file a medical malpractice claim, so acting quickly is crucial.
In most cases:
- You have two years from the date you discovered—or should have discovered—the injury.
- No claim can be filed more than four years after the malpractice occurred.
- If the provider tried to hide the wrongdoing, you may have up to seven years from the date of the malpractice.
- For cases involving minors, parents can generally file before the child’s eighth birthday.
Because these rules can vary depending on your situation, it’s important to speak with an experienced attorney right away. We’ll evaluate your case promptly and help preserve your right to compensation.
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Who Can Be Held Responsible for Medical Malpractice?
Under Florida law, any licensed healthcare provider can be held accountable for malpractice, including:
- Doctors and surgeons
- Nurses and therapists
- Hospitals and surgical centers
- Emergency rooms
- Pharmacists, chiropractors, and dentists
In most cases, multiple parties may share responsibility. Our legal team investigates every angle of your treatment to identify all liable individuals and institutions.
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5. Types of Compensation We May Pursue
No amount of money can undo the harm caused by medical negligence, but financial recovery can ease the burden and help you move forward. Depending on your case, we may seek compensation for:
- Medical expenses from corrective treatment and rehabilitation
- Pain and emotional suffering
- Permanent disability or disfigurement
- Lost income and reduced future earning capacity
- Loss of companionship or family support (for spouses, children, or parents)
Florida law may limit certain non-economic damages, making it essential to work with an experienced attorney who understands how to maximize your recovery.
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Common Types of Medical Malpractice
Our firm handles a wide range of malpractice cases across South Florida, including:
- Misdiagnosis or failure to diagnose
- Surgical or anesthesia errors
- Medication errors or pharmacy mistakes
- Birth injuries such as cerebral hypoxia
- Cancer or cardiac misdiagnosis
- Emergency room errors and radiology errors
- Post-surgery complications (gastric bypass, eye surgery errors)
- Wrongful death due to medical negligence
If you believe a healthcare professional’s actions caused harm to you or a loved one, our team can quickly determine whether you have a valid claim.
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Do I Need a Lawyer to Sue for Medical Malpractice?
Yes. Medical malpractice cases are highly technical and require both legal and medical expertise. Our attorneys will collect medical records, consult expert witnesses, and handle all the documentation needed to pursue your claim.
If you’re unsure where to start, contact Rosen & Ohr, P.A. for a free evaluation. We can also refer you to trusted malpractice attorneys in your area if you live outside South Florida.
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Statute of Limitations
The time limit to file varies by state and circumstance. Contact our office to determine the specific deadline that applies to your case.
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What Is Informed Consent?
Doctors must fully explain treatment risks and alternatives before you agree to a procedure. If this doesn’t happen, and you’re harmed as a result, you may have a valid malpractice claim.
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How Do I Know If I Have a Case?
If you suspect malpractice, it’s best to get a professional legal and medical review right away. Our attorneys will examine your situation to determine if negligence occurred.
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Is It Medical Malpractice If I Don't Get My Desired Outcome?
Not necessarily. An unfavorable outcome isn’t always malpractice. To qualify, the harm must result from a failure to meet accepted standards of medical care. We’ll review your case and consult experts to determine whether negligence occurred.
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What Damages Can Be Recovered From a Medical Malpractice Lawsuit?
In a successful medical malpractice claim, you may recover damages for:
- Medical costs tied to the injury
- Pain and suffering
- Permanent disability or disfigurement
- Lost wages or loss of earning potential
- Loss of companionship and family relationships
Our team fights to ensure your compensation reflects both the financial and emotional impact of what you’ve endured.
Let Us Evaluate Your Medical Malpractice Claim Today
If you or a family member has been seriously harmed due to a medical mistake, you need to speak with one of our skilled Hollywood Florida medical malpractice attorneys as soon as possible.
We will immediately assess your claim for free and go over all your legal options for pursuing compensation. You should also know that our firm will not charge you anything to get started on your case. In fact, we only collect attorneys’ fees if and when our team secures compensation for you.
Schedule a free case consultation by calling or filling out our online form now.
Our Hollywood, FL Law Firm & Practice Areas:
Whether you come to Rosen & Ohr, P.A. after a car accident, workplace accident, medical malpractice, or any other personal injury matter, you can rely on our firm for effective representation at the highest level of professionalism. We are a focused boutique law firm and our Hollywood attorneys work as a team to aggressively pursue our clients’ causes in every case we take on.