What is Medical Malpractice in Florida?
Florida defines medical malpractice as harm caused when a provider breaches the prevailing professional standard of care, meaning the care recognized as acceptable and appropriate by reasonably prudent similar providers. It is not just a bad outcome, which can sometimes happen even with proper care. It is a direct failure to provide competent medical treatment, resulting in significant harm to you or a loved one.
Florida’s Strict Deadlines for Malpractice Claims
Understanding the timeline is critical. Florida has a strict statute of limitations that sets firm deadlines for filing a medical malpractice claim. Missing these deadlines can permanently prevent you from seeking justice. (See our full guide on Florida’s statute of limitations).
- Time to File: You generally have 2 years from the date you knew, or should have known, that the injury occurred.
- Outer Limit: Under most circumstances, you cannot file a claim more than 4 years after the actual incident, regardless of when you discovered it.
- Fraud or Concealment: If the provider intentionally concealed the malpractice, the deadline can be extended up to 7 years from the incident.
- Children: Special rules apply to claims for injuries to a child age eight or younger.
Authority: Florida Statute § 95.11(5)(c)
The Mandatory Presuit Process in Florida
The Mandatory Presuit Process in Florida
Before a lawsuit can even be filed in Florida, you must complete a series of mandatory presuit steps designed to screen claims. Failing to follow this roadmap can get a case dismissed. (View our step-by-step presuit checklist).
- Investigation and Expert Opinion: We first conduct a reasonable investigation, which includes obtaining a verified written opinion from a qualified medical expert confirming there are reasonable grounds for a malpractice claim.
- Notice of Intent: We then formally notify each potential defendant (doctor, hospital, etc.) with a “Notice of Intent to Initiate Litigation”.
- 90-Day Pause: This notice triggers an automatic 90 day period where no lawsuit can be filed. During this time, the provider’s insurer investigates the claim through a process of informal discovery and may enter settlement negotiations or deny the claim.
Authority: Florida Statutes § 766.203 and § 766.106
Proving Your Case: The Four Elements and Florida’s Expert Rules
To win a malpractice case, we must prove four key elements: a duty of care, a breach of that duty, causation, and damages. Proving the breach of duty requires testimony from a credible medical expert, and Florida law is very specific about their qualifications. For specialists, the expert must be in the same specialty and have practiced or taught within the prior 3 years. For general practitioners, the expert must have practiced or taught within the 5 years prior. This rule ensures the standard of care is evaluated by a true peer. It is also important to note that Florida’s 2023 change to modified comparative fault does not apply to medical negligence cases, which still follow the older, more favorable rule for victims.
Common Examples and Florida’s Damage Caps
Malpractice can happen in many ways, including misdiagnosis, surgical errors, birth injuries, and medication mistakes. It is crucial for victims to know that Florida’s previous caps on noneconomic damages (like pain and suffering) were struck down by the Florida Supreme Court. This means that juries are no longer limited by those old statutory numbers when awarding compensation for your suffering. At our firm, we help families across Miami Dade, from Homestead to Aventura, who have suffered due to these devastating errors.
What to Do If You Suspect Malpractice in Miami
If you believe you or a loved one is a victim of medical negligence, navigating Florida’s complex presuit requirements and strict deadlines can be overwhelming. You do not have to do this alone. At Jorge L. Flores, P.A., a Miami firm dedicated to serving our South Florida community, we have a deep understanding of the local healthcare landscape and the specific legal framework in Florida. We are here to provide the answers and guidance you need to understand your rights, meet every legal requirement, and secure the justice you deserve.
Attorney Bio: Jorge L. Flores, Florida Bar No. 53244, has been representing families in Miami Dade for over 30 years.