If you or a loved one was harmed by a negligent doctor, hospital, or healthcare provider in Florida, the Law Offices of Jorge L. Flores, P.A., represents injured patients statewide. Jorge Flores is a former hospital defense attorney; he now uses that experience to build stronger cases for the patients he once defended against. Every consultation is free, and we do not collect a fee unless we recover compensation for you.
♦ Former Defense Attorney♦ Hablamos Español♦ No Fee Unless We Recover
Practice Focus
Exclusively Malpractice
No car accidents, no slip and fall, no workers’ comp.
Service Area
All of Florida
Miami-Dade County based, statewide representation.
Languages
English & Español
Full bilingual representation, intake through resolution.
Key Points about Florida Medical Malpractice
What It Is
Care below the professional standard
A Florida medical malpractice claim exists when a healthcare provider delivers care that falls below the accepted professional standard, and that substandard care causes a patient injury that would not otherwise have occurred.
Who Can Be Sued
Providers and institutions
Physicians, surgeons, anesthesiologists, nurses, pharmacists, and other licensed providers; hospitals, clinics, and medical groups may also be liable through direct negligence or for the conduct of their staff.
Deadlines
Two years, with a four-year ceiling
Florida imposes a two-year statute of limitations from discovery and a four-year repose deadline; limited exceptions exist for young children and for cases involving fraud or concealment. Contact counsel as soon as malpractice is suspected.
Fees
Contingency fee, no recovery no fee
The Law Offices of Jorge L. Flores, P.A., handles every medical malpractice case on a contingency-fee basis. The initial consultation is free, and no fee is charged unless the firm recovers compensation.
Florida is one of the most difficult states in the country in which to bring a medical malpractice case. The pre-suit requirements are procedural traps, the deadlines are unforgiving, and the defense side is resourced by the largest hospital systems and insurance carriers in the Southeast. Injured patients who try to pursue a claim on their own, or with a general personal-injury firm, often lose on procedural grounds long before a jury hears the facts.
The defense side of a Florida medical malpractice case plays the same playbook in every matter. The same carriers, the same experts, the same motions to dismiss, the same delay tactics. Knowing that playbook is what this firm was built on.
Jorge L. Flores, Esq.
The Law Offices of Jorge L. Flores, P.A., handles medical malpractice cases exclusively. Jorge Flores represented Florida hospitals and their insurance carriers for years before moving to the plaintiff side; he knows how a malpractice defense is built from the first notice of intent through trial, and he applies that insight to every case the firm accepts.
01 · Definition
What counts as medical malpractice in Florida
A medical malpractice case exists when a healthcare provider delivers care that falls below the accepted professional standard, and when that substandard care causes a patient injury that would not have otherwise occurred. Florida law requires every malpractice claim to be supported by testimony from a qualified medical expert in the same specialty as the provider whose care is at issue.
Florida Statute §766.102(1) · Standard of Care
“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.”
Serious illnesses progress despite proper treatment. Surgeries carry known risks even when performed flawlessly. Medications affect different patients in different ways. A Florida medical malpractice claim requires proof that the provider’s conduct fell below the accepted standard of care; nothing short of that supports a viable case.
The Law Offices of Jorge L. Flores, P.A., evaluates every potential matter by reviewing the medical records with qualified specialists before recommending whether the facts support a viable claim. To prevail in a Florida malpractice case, the injured patient must establish four elements.
Element 01
Duty of Care
A provider-patient relationship existed. Once a physician, nurse, or hospital accepts responsibility for a patient’s care, the provider owes that patient a legal duty to deliver care consistent with the accepted professional standard.
Element 02
Breach of Standard
The provider’s conduct fell below the accepted standard of care. A qualified medical expert must testify that a reasonably prudent provider in the same specialty, faced with the same facts, would have handled the situation differently.
Element 03
Causation
The provider’s breach directly caused the patient’s injury. The patient must show that the injury would not have occurred, or would have been meaningfully less severe, if the provider had met the accepted standard.
Element 04
Damages
The patient suffered actual harm as a result. Florida malpractice cases recognize economic damages (medical expenses, lost income, cost of future care) and non-economic damages (pain and suffering, disability, loss of enjoyment of life).
Every Florida medical malpractice case stands or falls on whether the evidence supports each of these four elements. The Law Offices of Jorge L. Flores, P.A., builds every case with that framework in mind from the first records review forward; when the records do not support one of the elements, the firm says so, and when the records do support all four, the firm pursues the case with the full resources required to win it.
Part 02♦Process
02 · Process
How a Florida medical malpractice case works
Florida medical malpractice cases follow a procedural track that is meaningfully different from an ordinary personal injury case. The mandatory pre-suit investigation period, the expert affidavit requirement, the tolling rules during the pre-suit window, and the strict deadlines are all governed by Chapter 766 of the Florida Statutes. The overview below summarizes how a typical case unfolds; the full procedural framework is covered in detail on our Florida pre-suit requirements page.
The Process at a Glance
01
Records Review
02
Expert Review
03
Pre-Suit Notice
04
Discovery
05
Resolution
01
Case evaluation and records review
The firm obtains and reviews every relevant medical record from every facility and provider involved in the care at issue. The review is free; no client fee is charged during the evaluation phase.
02
Medical expert review
A board-certified medical expert in the same specialty as the provider whose care is at issue reviews the records and offers an opinion on whether the standard of care was breached. Florida law requires this expert corroboration before any formal action can proceed.
03
Pre-suit notice and 90-day investigation period
The firm serves a formal pre-suit notice on every prospective defendant, triggering a 90-day investigation period during which the defense side reviews the claim. Settlement discussions often begin during this window. See our pre-suit requirements guide for the full framework.
04
Filing and discovery
If pre-suit resolution does not occur, the firm files a formal complaint in the appropriate Florida circuit court and begins discovery: document exchanges, depositions of providers and experts, and independent medical examinations. Discovery typically takes several months to a year or more.
05
Resolution or trial
Most cases resolve through settlement after discovery concludes. Cases that do not settle proceed to trial. The Law Offices of Jorge L. Flores, P.A., prepares every case from day one as if it will be tried; settlement leverage comes from a credible willingness to try the case in front of a jury.
Part 03♦Deadlines
03 · Deadlines
Deadlines to file a Florida medical malpractice case
Florida medical malpractice claims run on two deadlines; both must be met. Prospective clients should contact a Florida medical malpractice attorney as soon as they suspect something went wrong, because the pre-suit investigation itself typically consumes several months.
Statute of Limitations
Two Years
From the date the injury was discovered or reasonably should have been discovered.
Most Florida malpractice claims live or die on this deadline.
Repose Deadline
Four Years
An absolute outer limit regardless of when the injury is discovered.
Limited exceptions for young children and for fraud.
Waiting is the most common reason a Florida malpractice case fails. Because the pre-suit process itself typically consumes several months, the usable portion of the two-year window is shorter than it first appears. Our pre-suit requirements page covers the full deadline framework, including the tolling rules that apply during the pre-suit window.
Part 04♦Case Types
04 · Case Types
Types of Florida medical malpractice cases we handle
Medical malpractice cases in Florida fall into a handful of recurring patterns, each with its own legal framework, expert requirements, and evidentiary standards. Each category below links to the dedicated practice page that covers that case type in depth; the summaries here describe what the case looks like at the patient level.
Florida medical malpractice cases recognize three broad categories of damages. The right damages analysis depends on the specific injury, the life-care plan, the earnings history, and the expert testimony supporting each category.
Category 01
Economic Damages
Past and future medical expenses, lost wages, loss of future earning capacity, home modifications, and ongoing care costs.
Category 02
Non-Economic Damages
Pain and suffering, disability, disfigurement, mental anguish, and loss of the ability to enjoy daily life.
Category 03
Wrongful Death
Damages recoverable by surviving family members when medical negligence has caused a patient’s death, under Florida’s Wrongful Death Act.
Florida has no cap on non-economic malpractice damages. The statutory caps were struck down by the Florida Supreme Court, and at the date of this writing there is no cap on pain and suffering awards in Florida medical malpractice cases. Our maximum payout guide covers the constitutional history; our average settlement guide covers the factors that drive case value.
Part 06♦Representation
06 · Why Choose the Law Offices of Jorge L. Flores, P.A.
Four reasons Florida patients and families choose our firm
Former defense-side perspective
Jorge Flores represented Florida hospitals, physicians, and their carriers on the defense side for years before moving to the plaintiff side. The Law Offices of Jorge L. Flores, P.A., applies that insider perspective to every case; the firm knows how the defense builds its position, which carriers retain which experts, and how the same delay strategies get deployed case after case.
Medical malpractice exclusively
The firm does not handle general personal injury, car accidents, workers’ compensation, or unrelated matters. Medical malpractice is technically demanding, evidentiarily complex, and procedurally unforgiving; a firm that divides its attention between malpractice and slip-and-fall cases is not the firm to pursue a Florida malpractice matter.
Board-certified medical expert network
Every case is supported by a network of board-certified medical experts in the same specialties as the providers our clients face. Expert selection is one of the decisive factors in a Florida malpractice case; the firm maintains relationships with experts who are credible, available, and willing to testify in Florida courts.
Bilingual representation
The Law Offices of Jorge L. Flores, P.A., offers full bilingual representation in English and Spanish, from the first consultation through the final resolution of the case. Every client conversation, every records review, and every courtroom interpretation request is handled without language barriers.
07 · Buyer’s Guide
How to choose a Florida medical malpractice lawyer
Most personal injury firms in Florida advertise medical malpractice as a practice area. Very few actually handle malpractice cases regularly; fewer still handle them exclusively. The checklist below identifies the five questions every prospective client should ask before retaining counsel for a Florida medical malpractice matter.
01
Is medical malpractice the firm’s primary focus?
Malpractice is an evidentiarily specialized field; expert depositions require the attorney to understand the medicine at a level most personal-injury lawyers do not maintain. Ask the firm what percentage of its current caseload is medical malpractice. The honest answer should be close to all of it.
02
Does the firm try cases, or only settle them?
A malpractice case settles favorably when the defense believes the plaintiff’s counsel is prepared to try the case; firms known to settle everything get smaller offers. Ask about the firm’s trial history and whether the attorney who handles the case is the same attorney who would try it.
03
Does the attorney have defense-side experience?
Attorneys who have only represented plaintiffs do not see how the defense thinks. Defense-side experience produces working knowledge of insurance-carrier decision trees, defense-expert rosters, and the internal case-valuation processes that determine when the defense will settle. Jorge Flores’s years on the hospital-defense side inform every case the firm now accepts.
04
Who will actually work on the case?
Large firms frequently use senior attorneys for intake and then assign the case to a junior associate for substantive work. Ask which attorney will review the records, take the depositions, and try the case. The answer should be the same attorney in all three roles.
05
Is the fee structure transparent?
Every reputable Florida medical malpractice firm accepts cases on contingency; no reputable firm requires upfront payment. Ask for a written fee agreement, and ask specifically how case costs (expert fees, deposition fees, filing costs) are handled if the case does not produce a recovery. The answer should be that the firm bears those costs.
08 · Record of Results
Selected case results
Recent matters from the Law Offices of Jorge L. Flores, P.A. See our full Case Results page for additional matters.
Verdict · Hospital Negligence
$12.25M
Failure to diagnose ischemic stroke resulting in catastrophic brain injury.
Verdict · Delayed Diagnosis
$8.25M
Failure to timely diagnose evolving stroke, producing catastrophic permanent injuries.
Settlement · Birth Malpractice
$3.25M
Failure to properly read amniocentesis results, resulting in significant newborn injury.
Prior results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits; past results are not a guarantee of future outcomes. The information presented here was not reviewed or approved by The Florida Bar.
08.5 · Reputation & Peer Recognition
What other attorneys and clients say
The Law Offices of Jorge L. Flores, P.A., is peer-recognized and client-reviewed across its Florida medical malpractice practice. The recognitions below reflect independent third-party evaluation, not firm self-ratings.
Peer Review · Fellow Attorney
“Jorge is an exemplary attorney who embodies the personification of self-respect and the respect of others. His knowledge of the law and the application of the law to achieve the best results for his clients is absolutely amazing.”
Fellow Florida Attorney· via Martindale-Hubbell
Peer Review · Fellow Attorney
“Dedicated to seeking justice with hard work, preparation, and high ethical standards. Excellent litigation skills.”
Fellow Florida Attorney· via Martindale-Hubbell
Martindale-Hubbell
AV Preeminent® Rated
The highest peer rating for legal ability and professional ethics, based on confidential peer reviews from other attorneys and judges.
4.9
★★★★★
Client Rating
30 Google Reviews
Average 4.9 out of 5 stars across the firm’s full practice history on Google.
Peer reviews reflect the professional opinion of other attorneys, not a prediction of case outcome. Florida Bar rules prohibit lawyer testimonials that create unjustified expectations about results; every case is evaluated on its own merits. The aggregate rating reflects Google reviews of the firm across its full practice history.
09 · Common Questions
Florida medical malpractice FAQs
What is medical malpractice under Florida law?
Medical malpractice occurs when a healthcare provider delivers care that falls below the accepted professional standard of care, and that substandard care causes an injury the patient would not have otherwise suffered. Florida law requires the claim to be supported by testimony from a qualified medical expert in the same specialty as the provider whose care is at issue; a bad outcome alone, without expert-supported evidence of a breach in the standard of care, is not malpractice.
How do I know if I have a Florida medical malpractice case?
The only reliable way to find out is to have the medical records reviewed by a qualified medical expert. The Law Offices of Jorge L. Flores, P.A., evaluates every potential matter without charge; the firm obtains the relevant records, arranges expert review, and advises the prospective client in plain language whether the facts support a viable claim. Many strong cases begin with nothing more than the family’s sense that something went wrong.
How long do I have to file a Florida medical malpractice case?
Florida generally imposes a two-year statute of limitations on medical malpractice claims, along with a four-year repose deadline that can cut off a claim even if the injury has not yet been discovered. Several exceptions apply, including a different rule for children and an extended deadline where fraud or concealment is alleged. Our pre-suit requirements page explains the complete deadline framework.
Who can be sued for medical malpractice in Florida?
Any healthcare provider whose substandard care caused the injury may be named as a defendant. That includes physicians, surgeons, anesthesiologists, nurses, nurse practitioners, physician assistants, pharmacists, dentists, chiropractors, and the hospitals, clinics, and medical groups that employ them. Institutional liability against the employing hospital or practice is a separate analysis from individual liability against the provider.
Can I bring a medical malpractice case against a hospital?
Yes. Hospitals can be held liable for medical malpractice through two distinct theories: direct institutional negligence (understaffing, credentialing failures, unsafe systems, inadequate supervision) and vicarious liability for the conduct of employed physicians, nurses, and other personnel. See our hospital negligence guide for the full framework.
What is Florida’s pre-suit investigation requirement?
Before any Florida medical malpractice lawsuit can be filed, the plaintiff must complete a statutory pre-suit investigation and serve formal notice on every prospective defendant. The notice triggers a 90-day investigation window during which the defense evaluates the claim, and the plaintiff must support the notice with a qualified medical expert affidavit. Our pre-suit requirements page walks through each step of the process.
What damages are available in a Florida medical malpractice case?
Florida malpractice cases recognize economic damages (medical expenses, lost income, cost of future care), non-economic damages (pain and suffering, disability, loss of enjoyment of life), and, in fatal cases, wrongful-death damages recoverable by surviving family members. The statutory caps on non-economic damages were struck down by the Florida Supreme Court, and at the date of this writing there is no cap on non-economic malpractice damages in Florida. Our maximum payout guide covers the constitutional history and current landscape.
How much does it cost to hire a Florida medical malpractice lawyer?
Nothing up front. Every initial consultation with the Law Offices of Jorge L. Flores, P.A., is free. Medical malpractice cases are handled on a contingency-fee basis; the firm does not collect a fee unless it recovers compensation for the client. Case costs (expert fees, deposition costs, filing fees) are advanced by the firm and reimbursed out of any recovery.
Do Florida medical malpractice cases always go to trial?
No. Most Florida medical malpractice cases resolve through settlement, either during the 90-day pre-suit investigation period or later during discovery. A case is prepared from day one as if it will be tried, however, because settlement leverage depends on a credible willingness to take the case to verdict; firms that are known to settle everything receive smaller offers.
How long does a Florida medical malpractice case take?
Most Florida medical malpractice cases resolve somewhere between eighteen months and three years from the date the firm is retained, though the timeline varies considerably based on the complexity of the injury, the number of defendants, and the trial-court calendar. The mandatory pre-suit investigation period accounts for the first several months of every case; after that, the timeline is driven by discovery, expert depositions, and whether the matter resolves by settlement or proceeds to trial.
10 · Service Area
Serving Miami-Dade County and all of Florida
The Law Offices of Jorge L. Flores, P.A., is based in Miami-Dade County and represents injured patients and families across Florida. We maintain dedicated practice pages for every neighborhood in the Miami-Dade service area; each page describes the local hospitals, the service-area geography, and the Eleventh Judicial Circuit context that applies to every malpractice case arising within the county.
MIAMI
BASED
Statewide Practice
Miami-based. Florida statewide.
The Law Offices of Jorge L. Flores, P.A., is based in Miami-Dade County and represents injured patients across Florida; the 14 neighborhood pages below cover our most-served Miami-Dade areas.
Representing clients in Miami, Fort Lauderdale, West Palm Beach, Orlando, Tampa, Jacksonville, Naples, Fort Myers, Pensacola, and throughout Florida.
If a doctor, hospital, or healthcare provider in Florida harmed you or a family member, the Law Offices of Jorge L. Flores, P.A., is ready to review your case today.
Every consultation is free, every conversation is confidential, and we do not collect a fee unless we recover compensation for you.
