Frequently Asked Questions

What is medical malpractice?

Medical malpractice is the deviation of the standard of medical care in the community where the incident occurred, which causes injury or death to the patient. A bad outcome alone is not malpractice. You must prove that the provider did something a competent provider would not have done, and that the error directly caused your harm. Full overview →

How do I know if I have a case?

You cannot know definitively without a professional review. A board-certified expert in the same specialty as the defendant must review your complete medical record and confirm that the standard of care was breached, that the breach caused your injury, and that the damages are severe enough to justify the cost of litigation. This is the first thing we do on every case we evaluate. Our evaluation process →

My doctor says what happened was “just a complication.” Should I believe them?

Not without independent verification. Physicians have a professional and financial incentive to classify adverse events as inherent risks rather than errors. The same injury; a blood clot, an infection, nerve damage; can be a legitimate complication or actionable negligence depending entirely on whether the provider followed standard protocols before, during, and after the event. Only an independent expert review of the medical record can determine the truth. Full complication vs. negligence guide →

I signed a consent form. Can I still sue?

Yes. A consent form acknowledges the inherent risks of a competently performed procedure. It is never a license for substandard care. You consent to the statistical risk; you never consent to surgical incompetence, a physician operating while impaired, or a provider who withheld material information about the risks. Full informed consent analysis →

Why did the last firm I called turn down my case?

Oftentimes it is economics, not merit. Florida malpractice cases cost $50,000 to $300,000 to litigate. If the projected damages are below $150,000-$250,000, the cost of proving the case consumes the entire recovery. A firm that declines your case may agree the doctor was negligent but cannot justify the investment. We explain the specific reason on every case we decline. Case viability explained →

What is the “loss of chance” doctrine and why does Florida reject it?

Under Gooding v. University Hospital (1984), Florida requires plaintiffs to prove a greater than 50% probability that the harm would have been avoided with proper care. If a cancer patient already had a 40% survival rate before the doctor’s delayed diagnosis reduced it to 10%, Florida bars the claim entirely because the pre-negligence chance was below 50%. Twenty-six other states allow recovery for the lost percentage of chance. Florida does not. Causation standard explained →

What is a “never event”?

A medical error so egregious and preventable it should never occur under basic safety protocols. Examples: surgery on the wrong body part, a foreign object left inside a patient, the wrong medication administered, or incompatible blood products given. The National Quality Forum lists 29 of them. When one occurs, the “complication” defense collapses entirely; these are universally recognized as negligence. Never events list →

Why can I not just file a lawsuit right away?

Florida law prohibits it. Chapter 766 requires a mandatory pre-suit investigation, a sworn expert affidavit confirming malpractice occurred, a formal Notice of Intent served on every defendant, and a 90-day waiting period before a complaint can be filed. Missing any step results in dismissal. Full pre-suit process →

How long do I have to file a claim?

Two years from when the incident occurred or when you discovered (or should have discovered) the injury. The four-year Statute of Repose is an absolute bar; no claim can be filed more than four years after the malpractice regardless of when it was discovered. Narrow exceptions exist for fraud, concealment, and injuries to children under eight. Deadlines explained →

How long does a medical malpractice case take?

Two to five years from initial consultation to final resolution. The pre-suit investigation alone takes four to nine months. Discovery, depositions, and trial preparation add one to three years. Complex cases involving multiple defendants or catastrophic injuries trend toward the longer end.

Can I sue both the doctor and the hospital?

Yes; and in most cases, you must. Florida abolished joint and several liability, meaning each defendant pays only their percentage of fault. If you sue only the doctor and the jury assigns 80% of the blame to the hospital, you lose 80% of your recovery because no one is sitting in that chair. We name every entity in the liability chain. Full liability guide →

What happens during the 90-day pre-suit investigation period?

Both sides are working intensely. Your attorney is mapping the corporate liability chain and retaining additional experts. The hospital’s insurer is assembling a review panel, retaining their own expert, requesting your complete medical history to search for pre-existing conditions, and demanding an “unsworn statement” (functionally a deposition) to lock you into a factual narrative. At the end, the insurer can settle, reject, offer arbitration, or stay silent. Full 90-day breakdown →

What is “apparent agency” and why does it matter?

It is the legal doctrine that prevents hospitals from escaping liability by labeling their doctors as independent contractors. If the hospital held the physician out as its employee (badges, billing, signage), and you reasonably believed the doctor worked for the hospital, the hospital’s multi-million-dollar policy is accountable for the contractor’s error. Established in Irving v. Doctors Hospital (1982). Apparent agency explained →

Does Florida’s comparative negligence reform affect malpractice cases?

No. The 2023 tort reform (HB 837) shifted general personal injury to a modified 51% bar, but medical malpractice was explicitly exempted. Malpractice claims remain under pure comparative negligence; even if the jury finds you 60% at fault, you can still recover 40% of your damages. No other personal injury category in Florida retains this protection. Comparative negligence exemption →

Can I sue my health insurance company for denying treatment?

For the approximately 40% of Florida residents on employer-sponsored plans; no. The federal ERISA statute preempts state malpractice claims against insurers for administrative denials. However, patients on individually purchased ACA plans, Medicare, Medicaid, or church plans are exempt from ERISA and may have state law remedies. Even when the insurer cannot be sued directly, the denial strengthens the malpractice claim against the doctor who failed to appeal it. ERISA analysis →

Do I pay anything upfront?

No. We advance 100% of the investigation and litigation costs. You pay nothing out of pocket while the case is active. If we lose, we absorb the loss entirely and you owe nothing. Full cost breakdown →

What percentage does the attorney take?

After you sign the standard constitutional waiver (which is required by virtually every firm to accept a malpractice case), the fee is 33.33% if the case settles before an answer is filed, and 40% if it settles after or proceeds to trial. For recoveries above $1 million, the percentage drops on the upper tiers: 30% on $1M-$2M and 20% above $2M. Full fee schedule →

Does Florida cap medical malpractice damages?

No; not for private defendants. The Florida Supreme Court struck down non-economic damage caps as unconstitutional in McCall (2014) and Kalitan (2017). However, if the malpractice occurred at a government hospital (Jackson Memorial, Shands, Tampa General), sovereign immunity caps recovery at $200,000 per person (rising to $350,000 for claims after October 2026). Punitive damages are capped at 3x compensatory or $500,000. Full compensation guide →

What is the “Free Kill” law?

Section 768.21(8) of the Florida Statutes. If a patient over 25 who was unmarried and had no minor children dies from medical malpractice, their surviving parents and adult children are barred from recovering non-economic damages. Because economic damages for this demographic are oftentimes minimal, the case becomes economically impossible. Florida is the only state in the nation with this restriction. A repeal bill (HB 6003) passed the House 88-17 in January 2026 and awaits Senate action. Legislative status →

Why is my settlement so much less than the gross amount?

Because the gross settlement is not your check. Attorney fees (33-40%), advanced litigation costs ($50,000-$300,000), and medical liens (Medicare, Medicaid, private insurance subrogation) are all deducted before the net recovery reaches you. On a $1,000,000 settlement, a typical net recovery is $375,000-$400,000. Worked example →

What is a Life Care Planner and why do I need one?

A specialized medical or rehabilitation expert who projects the exact medical treatments, home modifications, equipment, and nursing care you will need for the rest of your life. They price every item using local market rates. In catastrophic cases (brain injury, spinal cord damage, cerebral palsy), the life care plan is oftentimes the largest single component of your economic damages. Life care planning explained →

How do medical liens (Medicare, Medicaid, insurance) affect my recovery?

If a government program or private insurer paid for your injury-related care, they have an automatic right to be reimbursed from your settlement. Medicaid uses a formula under Section 409.910 allowing them to claim up to 50% of the recovery after fees and costs. Medicare liens are reduced under a federal procurement formula (42 CFR §411.37). Aggressive lien negotiation by your attorney can save tens of thousands of dollars. Lien negotiation math →

Are medical malpractice damages taxable?

Compensatory damages (both economic and non-economic) awarded for physical injuries are generally tax-free under IRS Section 104. However, if any portion of the settlement is allocated as punitive damages, that portion is taxable income. Interest earned on the settlement after it is received is also taxable. Tax implications →

How do I get my medical records?

Submit a written request to every provider involved in your care. Under HIPAA, they must respond within 30 days. If the records are maintained electronically, you can demand them in electronic format for a flat fee of $6.50. A doctor cannot withhold your records because you owe money. Request the complete legal medical record by name; not an abstract. Full records guide →

What if I think my records have been altered?

Contact an attorney immediately. We issue a records preservation letter and subpoena the EHR audit trail; a digital forensic log that records every keystroke, modification, and late entry down to the millisecond. A “2:00 PM” note that was actually typed at 8:47 PM is easily provable through the audit trail. Record falsification is a criminal offense under Florida Statute §395.32 and transforms a negligence case into a punitive damages scenario. Audit trail explained →

Can I get my deceased family member’s records?

Yes. A formally appointed personal representative or executor has full access. If no representative has been appointed, Florida law permits hospitals to provide records to the next of kin upon receipt of a death certificate and proof of relationship. Records for deceased patients →

What is a records preservation letter and why does it matter?

A formal legal notice sent to the hospital demanding they immediately halt all automated deletion protocols and preserve every record, audit trail, native image, and piece of equipment related to your care. Once received, if evidence disappears, the court can instruct the jury to presume the destroyed evidence proved negligence. This is why contacting an attorney early matters; the letter must go out before routine IT purges destroy the digital forensic evidence. Preservation explained →

What is Amendment 7 and how does it help me?

A Florida constitutional amendment (Article X, Section 25) that gives patients the right to access any records made by a healthcare facility relating to an “adverse medical incident.” This includes internal peer review materials and incident reports that were historically shielded from discovery. The Florida Supreme Court ruled it applies retroactively and eliminated the confidentiality protections hospitals previously relied on. Amendment 7 explained →

Does the hospital have to tell me if they made a mistake?

Under Florida Statute §395.0197, hospitals must report severe adverse incidents to AHCA within 15 days and notify the patient as soon as practicable. However, the reality of what a hospital risk manager discloses to a family vs. what the medical records actually prove can differ significantly. An independent review of the complete chart is the only way to know what actually happened. Red flags to watch for →

The malpractice happened at a government hospital. Are my damages limited?

Yes; severely. Sovereign immunity caps recovery at $200,000 per person ($350,000 for claims accruing after October 2026). Anything above the cap requires a legislative “claims bill”; a political process that frequently fails. Jackson Memorial, Shands/UF Health, Tampa General, and Broward Health all fall under this cap. Sovereign immunity explained →

My telehealth doctor misdiagnosed me. Can I sue the platform?

Yes. Under Florida Statute §456.47, telehealth providers are held to the same standard of care as in-person providers. The corporate platform can be held liable through apparent agency, independent contractor misclassification, or direct corporate negligence for aggressive appointment-length algorithms and negligent physician credentialing. Full telehealth guide →

The nurse was a travel nurse from a staffing agency. Who is liable?

Potentially both the hospital and the staffing agency under a dual employment theory. The hospital directs the nurse’s daily tasks and provides equipment; the agency hired, deployed, and insured them. A Florida jury awarded $71.8 million against a staffing agency after a deployed APRN failed to recognize a stroke. Staffing agency liability →

I was discharged too early and had to be readmitted. Is that malpractice?

It can be. Hospitals face immense financial pressure under the DRG payment system to discharge patients as early as possible. If you were sent home with unstable vital signs, unresolved symptoms, or before standard discharge criteria were met, and you deteriorated as a result, the premature discharge may constitute a breach of the standard of care. Full premature discharge guide →

What are the four elements of medical malpractice in Florida?

Duty (a doctor-patient relationship existed), breach (the provider deviated from the accepted standard of care), causation (the breach directly caused the harm with greater than 50% probability), and damages (the patient suffered quantifiable medical, financial, or human harm). All four must be proven; failure on any one results in dismissal. Four elements explained →

What is the “standard of care” in a Florida malpractice case?

Under Section 766.102 of the Florida Statutes, it is the level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar healthcare providers. It is not perfection; it is what a competent peer would have done under the same conditions. Standard of care defined →

Can I sue a nurse for malpractice in Florida?

Yes. Staff nurses (RNs, LPNs, CNAs) are direct hospital employees, making the hospital automatically liable under respondeat superior. Autonomous APRNs practicing independently carry their own liability. Travel nurses from staffing agencies create dual-employment liability between the agency and the hospital. Nursing malpractice explained →

What is NICA and how does it affect birth injury cases?

The Florida Birth-Related Neurological Injury Compensation Association is a no-fault administrative program. If an infant suffers a severe brain or spinal cord injury during delivery and the delivering physician pays into the NICA fund, the claim is diverted away from a traditional malpractice lawsuit. NICA covers lifetime medical expenses but bars the family from suing for pain, suffering, or punitive damages. Birth injury claims →

Can I file a malpractice complaint with the Florida Department of Health?

Yes. The DOH investigates licensure violations and can impose disciplinary action (reprimand, fine, probation, license suspension or revocation). However, the DOH cannot award financial compensation. For that, you need a civil medical malpractice lawsuit. The two processes are entirely separate and can run simultaneously. Filing a complaint →

What percentage of medical malpractice cases are successful in Florida?

Approximately 47-50.7% of filed Florida claims result in a financial payout to the patient via settlement or verdict. This is significantly higher than the 30-40% national average because Florida’s mandatory pre-suit investigation filters out weak cases before they enter the litigation system; the claims that survive are heavily vetted. Success rate data →

Can I sue a nursing home corporate owner in Florida?

Yes; but it requires “piercing the corporate veil.” Nursing home chains oftentimes structure individual facilities as undercapitalized shell companies with no assets. Reaching the parent corporation requires proving total dominion and improper conduct; such as mandating budget cuts that directly caused fatal understaffing. Nursing home liability →

Can a hospital destroy my medical records?

Hospitals must retain records for seven years; physicians for five. Destruction before those periods expire may constitute spoliation of evidence. In litigation, the court can instruct the jury to presume the destroyed records contained evidence proving negligence. A records preservation letter sent early creates a legal duty to halt all automated deletion. Spoliation explained →

What is an EHR audit trail?

A metadata log generated automatically by the electronic health record software that records every keystroke, modification, and late entry down to the millisecond. It reveals when a chart entry was actually typed (not just when it claims to have been written), who typed it, and what the original text said before it was changed. In litigation, the audit trail is oftentimes more valuable than the printed record itself. Audit trail forensics →

Is the patient portal enough to get my full medical record?

No. Patient portals provide a curated view that intentionally omits nursing flowsheets, detailed operative notes, continuous fetal monitoring strips, physician-to-physician communication logs, and the EHR audit trail. A formal written request for the complete legal medical record; specifying every component by name; is mandatory for any malpractice investigation. What to request →

What is the average settlement for a birth injury in Florida?

Severe cerebral palsy cases routinely settle for $1 million or more, with jury verdicts occasionally reaching into the tens of millions of dollars. The high value reflects the need for a lifetime of 24/7 specialized care, which a Life Care Planner projects across the child’s full life expectancy. However, if the NICA program applies, the claim is diverted to an administrative system that covers medical expenses but bars traditional damages. Case value ranges →