TL;DR: A medical board complaint is a disciplinary case about fitness to practice it can restrict, suspend, or revoke a license, but it cannot award you money. Investigations are confidential until 10 days after probable cause; if no probable cause is found, they remain confidential. By contrast, a medical malpractice lawsuit is a civil action for compensation.
The essentials at a glance (Florida)
Core Purpose
- Board complaint: Protect the public and enforce the Medical Practice Act. Outcomes target the license (education, fines, probation, restrictions, suspension, revocation). No compensation to the complainant.
- Lawsuit: Compensate the patient for economic and noneconomic damages if a breach of the standard of care and legal causation are proven. (Florida defines the standard and proximate cause framework in §766.102.)
Standards of Proof
- Board discipline: For physicians, clear and convincing evidence to revoke or suspend; greater weight (preponderance) for lesser sanctions.
- Malpractice lawsuit: Greater weight of the evidence for negligence, and Gooding requires that negligence probably caused the injury (not merely reduced a chance).
Process & Confidentiality
- Board complaint: File online through the Florida Health Care Complaint Portal. DOH investigates and presents to a Probable Cause Panel. Confidential until 10 days after probable cause (or if the licensee waives confidentiality). If no probable cause, the case remains confidential.
- Lawsuit: Florida requires a verified expert opinion and a Notice of Intent to Initiate Litigation. After notice, a 90 day presuit screening runs; suit may not be filed during that period, and the statute of limitations tolls while it runs.
Florida Timelines to Know
- Board filing window: DOH must file the administrative complaint within 6 years of the incident. If fraud, concealment, or intentional misrepresentation prevented discovery, the window may extend but never beyond 12 years.
- Lawsuit filing window: 2 years from discovery (or when it should have been discovered) but no later than 4 years from the incident (statute of repose), with a fraud/ concealment extension up to 7 years. Claims for minors are not barred before the child’s eighth birthday.
Outcomes
- Board complaint: Discipline only (education, fines, restrictions, suspension, revocation). No monetary recovery to you.
- Lawsuit: Settlement or verdict for damages (medical bills, lost income, pain and suffering) if you prove breach and legal cause.
Costs
- Board complaint: Free to file (you may pay for record copies). Portal filing is available statewide.
- Lawsuit: Typically contingency fee; litigation costs are often advanced by counsel (recovered only if you recover).
Important carve out (comparative fault): Florida’s 50% bar does not apply to medical negligence cases. Chapter 766 actions are expressly excluded.
Which should you file first?
These are independent tracks, and you can pursue both. A board complaint protects future patients; only a civil malpractice case can fund the care and stability your family needs. Important: Filing a board complaint does not toll your civil deadline; Florida’s tolling statute lists the exclusive tolling reasons, and a board complaint isn’t one of them. (Presuit notice does toll during the 90 day screening.)
Presuit in Plain English (Florida)
Before filing a malpractice complaint in court, your lawyer must:
- Conduct a reasonable investigation;
- Obtain a verified written opinion from a qualified medical expert;
- Serve a Notice of Intent on each prospective defendant;
- Allow a 90 day screening for the insurer/provider to investigate and respond. During these 90 days, the limitations clock pauses.
Summary Table
| Feature | Medical Board Complaint | Medical Malpractice Lawsuit |
|---|---|---|
| Goal | Protect the public; regulate the license | Compensate the injured patient |
| Who runs it | Florida DOH / Board of Medicine | Patient + attorney in civil court |
| Proof standard | Clear & convincing to revoke/suspend; greater weight for lesser sanctions | Greater weight; Gooding “more likely than not” causation |
| Confidentiality | Confidential; public 10 days after probable cause | Public filings |
| Deadlines | Admin complaint within 6 years (up to 12 with fraud/concealment) | 2 year SOL; 4 year repose; 7 year fraud extension; minors to eighth birthday |
| Outcome | Education, fines, restrictions, suspension, revocation | Money damages (economic + noneconomic) |
| Cost to file | Free (possible record copy fees) | Contingency fee typical; litigation costs |
| Tolling | Does not toll civil SOL | Presuit notice tolls during 90 day period |
Frequently Asked Questions
Q: Can the Florida Board of Medicine get me compensation? A: No. The Board can fine, restrict, suspend, or revoke a license, but it cannot award money to a complainant. For compensation, you must file a civil case.
Q: Does filing a board complaint pause my lawsuit deadline? Florida’s tolling statute is exclusive and does not include board complaints. Only specific events like the 90 day presuit period toll the clock in medical malpractice.
Q: Is the 50% fault rule a problem in medical malpractice cases? A: No. The 50% bar in §768.81(6) does not apply to actions arising out of medical negligence under Chapter 766.
Where can I file a board complaint? Use the official Florida Health Care Complaint Portal managed by DOH.
Legal Authority & Sources
Board Process & Confidentiality: Fla. Stat. § 456.073; DOH Enforcement overview.
Board Filing Window: Fla. Stat. § 456.073(13).
Standard of Care & Presuit: Fla. Stat. § 766.102 (Standard of Care); § 766.203 (Presuit Investigation); § 766.106(4) (Presuit Tolling).
Causation (Civil): Gooding v. University Hosp. Bldg., Inc., 445 So.2d 1015 (Fla. 1984).
Medical Malpractice Deadlines: Fla. Stat. § 95.11(5)(c).
Comparative Fault Carve-Out: Fla. Stat. § 768.81(6).
Attorney Bio: Jorge L. Flores, Florida Bar No. 53244, has been representing families in Miami Dade for over 30 years.