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By Jorge L. Flores, Esq. | Florida Bar #53244 | Board Certified Civil Trial Lawyer | AV Preeminent Rated | Best Lawyers Tier One: Medical Malpractice | 30+ Years Experience
Member, Florida Justice Association | Member, American Association for Justice
⚠️ Time Sensitive: Florida law imposes strict deadlines on medical malpractice claims. You have only two years from discovery of injury to file, with an absolute four-year deadline from the date of the incident. Contact an attorney immediately to protect your rights.
Medical malpractice occurs when a healthcare provider’s negligence causes injury or death to a patient by deviating from the accepted standard of care. The Miami medical malpractice attorneys at The Law Offices of Jorge L. Flores, P.A. represent victims and families throughout Florida who have suffered catastrophic harm due to diagnostic errors, surgical mistakes, medication errors, birth injuries, and hospital negligence at facilities including Baptist Health South Florida, Jackson Memorial Hospital, HCA Florida Kendall Hospital, and healthcare systems across the state.
For over 30 years, our firm has navigated the complex statutory requirements of Florida medical malpractice law on behalf of injured patients. In our experience handling over 200 medical malpractice investigations in Miami-Dade County, we understand the mandatory pre-suit investigation process under Chapter 766, the burden of proof requirements under Florida Statute §766.102, and the strategic approaches necessary to overcome the barriers Florida law places between victims and compensation. Every medical malpractice case The Law Offices of Jorge L. Flores, P.A. investigates is analyzed by board-certified medical specialists who provide the expert opinions required before a lawsuit can proceed.
Unlike high-volume personal injury firms, The Law Offices of Jorge L. Flores, P.A. focuses exclusively on complex medical negligence cases that require deep medical knowledge and substantial litigation resources. Attorney Jorge L. Flores is Board Certified in Civil Trial Law by The Florida Bar and has been recognized as a Tier One Medical Malpractice attorney by Best Lawyers in America. We advance all costs of investigation, medical experts, and litigation. You pay no attorney fees unless we recover compensation for your family. Call (305) 598-2221 today to schedule a free consultation with a Miami medical malpractice attorney who understands both the medicine and the law.
What is Medical Malpractice Under Florida Law?
In Florida, medical malpractice is a specific form of professional negligence that occurs when a healthcare provider fails to meet the accepted standard of care, and that failure causes injury to the patient. According to a Johns Hopkins study, medical errors are the third leading cause of death in the United States, accounting for more than 250,000 deaths annually (Makary & Daniel, BMJ 2016;353:i2139). Florida’s complex statutory framework makes pursuing these claims uniquely challenging. In Florida, the legal definition is codified in Florida Statute §766.102, which establishes that the standard of care is determined by what a reasonably prudent healthcare provider with similar training and experience would have done under the same or similar circumstances.
The standard of care is not perfection. Medicine involves inherent risks, and not every bad outcome constitutes malpractice. The question is whether the provider’s conduct fell below what the medical community accepts as appropriate. A surgeon who encounters unexpected bleeding during a complex procedure has not committed malpractice simply because a complication occurred. However, a surgeon who fails to review pre-operative imaging and cuts a blood vessel that was clearly visible on the scan has deviated from the standard of care.
In Florida, proving medical malpractice requires establishing four elements. First, the healthcare provider owed a duty of care to the patient. This duty arises from the provider/patient relationship. Second, the provider breached the accepted standard of care. Third, that breach was the proximate cause of the patient’s injury. Fourth, the patient suffered damages as a result. In Florida, each element must be proven by the greater weight of the evidence, and expert testimony is required to establish both the standard of care and the breach.
Florida law distinguishes medical malpractice from other forms of negligence through a separate statutory framework found in Chapter 766 of the Florida Statutes. This framework imposes procedural requirements that do not exist in ordinary personal injury cases, including mandatory pre-suit investigation, medical expert affidavits, and specific notice requirements. These procedures make medical malpractice litigation more complex and expensive than other civil claims, which is why families need attorneys with specific experience in this area of law.
Types of Medical Malpractice Cases We Handle
The Law Offices of Jorge L. Flores, P.A. handles medical malpractice cases across the full spectrum of clinical errors. Our attorneys have experience with cases involving diagnostic failures, surgical errors, medication mistakes, birth injuries, emergency room negligence, and hospital system failures. We investigate claims against individual physicians, nurses, hospitals, surgery centers, laboratories, pharmacies, and other healthcare entities.
Stroke and Neurological Malpractice
Stroke misdiagnosis is among the most devastating forms of medical negligence. The brain is exquisitely sensitive to oxygen deprivation, and delays in treatment can mean the difference between full recovery and permanent disability. Our attorneys handle cases involving:
- Brainstem Stroke and Locked-In Syndrome
- CVST (Cerebral Venous Sinus Thrombosis)
- Vertebral Artery Dissection
- Stroke Misdiagnosed as Vertigo or Inner Ear Infection
- Failure to Administer tPA Within Treatment Window
- Failure to Perform HINTS Examination
- Delayed Thrombectomy
Birth Injuries
Birth injury cases often involve lifetime care costs that can exceed tens of millions of dollars. When hospitals and obstetricians fail to monitor fetal distress, delay emergency cesarean sections, or misuse delivery instruments, the consequences for the child and family are permanent. We handle cases involving:
- Cerebral Palsy from Birth Trauma
- Hypoxic Ischemic Encephalopathy (HIE)
- Erb’s Palsy and Brachial Plexus Injuries
- Shoulder Dystocia Mismanagement
- Delayed Emergency C-Section
- Fetal Monitoring Failures
- Uterine Rupture
Surgical Errors
Surgical malpractice encompasses errors that occur before, during, and after surgical procedures. Some errors, like wrong-site surgery or retained surgical instruments, are considered “never events” that should not occur under any circumstances. We handle cases involving:
- Wrong-Site Surgery
- Retained Surgical Objects
- Surgical Nerve Damage
- Bowel Perforation During Surgery
- Post-Operative Infection
- Anesthesia Errors
Cancer Misdiagnosis
Delayed cancer diagnosis robs patients of treatment options and survival time. When radiologists miss tumors on imaging, pathologists misread biopsies, or primary care physicians dismiss warning symptoms, patients lose precious months or years. We handle cases involving:
- Breast Cancer Misdiagnosis
- Lung Cancer Misdiagnosis
- Colon Cancer Misdiagnosis
- Melanoma Misdiagnosis
- Prostate Cancer Misdiagnosis
- Cervical Cancer Misdiagnosis
Infection and Sepsis
Hospital-acquired infections and sepsis kill more patients than many realize. When hospitals fail to follow infection control protocols or clinicians fail to recognize the signs of sepsis, patients die from conditions that are treatable when caught early. We handle cases involving:
- Sepsis Malpractice
- MRSA Hospital Infections
- C. Diff Infections
- Necrotizing Fasciitis
- Surgical Site Infections
- Central Line Infections
Emergency Room Errors
Emergency departments are high-pressure environments where triage decisions and diagnostic speed can determine life or death. We handle cases involving:
- ER Triage Failures
- Premature Discharge
- Delayed Treatment
- Failure to Admit
- Misdiagnosis in the ER
Cardiac and Vascular Malpractice
Heart attacks and vascular emergencies require rapid diagnosis and intervention. We handle cases involving:
- Heart Attack Misdiagnosis
- Aortic Dissection Misdiagnosis
- Pulmonary Embolism Misdiagnosis
- Deep Vein Thrombosis (DVT) Failures
Medication Errors
Medication mistakes occur at every stage from prescribing to dispensing to administration. We handle cases involving:
- Drug Overdose Errors
- Dangerous Drug Interactions
- Wrong Medication Dispensed
- Pharmacy Errors
Anesthesia Malpractice
Anesthesia errors can cause brain damage, paralysis, or death within minutes. We handle cases involving:
- Anoxic Brain Injury from Anesthesia
- Intubation Failures
- Anesthesia Awareness
- Medication Overdose
Florida’s Pre-Suit Investigation Requirement: Chapter 766
Florida imposes unique procedural requirements on medical malpractice claims that do not exist in other states or in other types of personal injury cases. Before a medical malpractice lawsuit can be filed in Florida, the plaintiff must complete a mandatory pre-suit investigation process governed by Chapter 766 of the Florida Statutes.
Notice of Intent to Initiate Litigation
The pre-suit process begins when the plaintiff’s attorney serves a Notice of Intent to Initiate Litigation on all prospective defendants. This notice must be sent by certified mail and must include specific information about the claim. Florida Statute §766.106 mandates that the notice identify the claimant, describe the injuries, and state that the claim is being made based on a preliminary determination that there are reasonable grounds to believe that medical malpractice occurred.
Once the Notice of Intent is served, the statute of limitations is tolled for 90 days. During this period, no lawsuit can be filed. Instead, the parties are expected to exchange medical records and conduct their own investigations. The healthcare provider has an opportunity to respond to the claim, either admitting liability, denying liability, or making a settlement offer.
The Medical Expert Affidavit Requirement
The most significant procedural hurdle in Florida medical malpractice cases is the requirement for a corroborating medical expert opinion. In Florida, Florida Statute §766.203 requires that before or at the time of serving the Notice of Intent, the claimant must have conducted an investigation and obtained a verified written medical expert opinion stating that there are reasonable grounds to believe that the standard of care was breached and that the breach caused the injury.
In Florida, the expert who provides this opinion must have specialized knowledge and training in the same specialty as the defendant healthcare provider. If the defendant is a cardiologist, the affidavit must come from a cardiologist, not a general practitioner. This requirement forces plaintiff’s attorneys to invest significant resources before a case is even filed. Obtaining these expert reviews can cost thousands of dollars, which is why medical malpractice firms must have the financial depth to fund these investigations on a contingency basis.
Why This Matters for Your Case
In Florida, the pre-suit process exists to filter out frivolous claims before they reach the courthouse. However, it also creates a substantial barrier for legitimate victims. Families must find attorneys who have the resources to fund a proper investigation, the relationships with qualified medical experts who can provide the necessary affidavits, and the experience to navigate the procedural requirements without making errors that could result in dismissal.
The Law Offices of Jorge L. Flores, P.A. has conducted hundreds of Chapter 766 pre-suit investigations over more than three decades. We maintain relationships with board-certified physicians in every medical specialty who can review records and provide the expert opinions required by Florida law. We advance all costs of investigation, meaning you pay nothing out of pocket while we determine whether your case meets the legal requirements.
Florida’s Statute of Limitations for Medical Malpractice
In Florida, time limits for filing medical malpractice claims are strictly enforced. Missing these deadlines can permanently bar your claim, regardless of how clear the negligence may be.
The Two-Year Statute of Limitations
Florida Statute §95.11(4)(b) establishes a two-year statute of limitations for medical malpractice claims. This period runs from the date the injury was discovered, or from the date the injury should have been discovered through the exercise of reasonable diligence. The “discovery rule” acknowledges that patients do not always immediately recognize that their injury resulted from malpractice.
For example, if a surgeon leaves a sponge inside a patient, and the patient does not experience symptoms until two years later, the statute of limitations would begin running from the date the patient discovered (or should have discovered) the retained object, not from the date of the surgery.
The Four-Year Statute of Repose
Overlaying the statute of limitations is a statute of repose, which sets an absolute deadline of four years from the date of the incident giving rise to the claim. Unlike the statute of limitations, the statute of repose is not affected by when the injury was discovered. If a patient does not discover a surgical error until five years after the surgery, the claim is generally barred by the statute of repose, even if the patient had no way of knowing about the error earlier.
Exceptions to the Deadlines
Florida law provides limited exceptions that can extend these deadlines:
Fraud and Concealment: If the healthcare provider engaged in fraud, concealment, or intentional misrepresentation that prevented discovery of the malpractice, the statute of repose can be extended to seven years from the date of the incident. This exception applies when providers falsify medical records, alter timestamps, or actively mislead patients about the cause of complications.
Minors: For injuries to children, the statute of limitations does not begin running until the child reaches the age of majority, with additional protections for birth injuries.
Incapacitated Persons: Special rules apply when the patient is legally incapacitated and unable to manage their own affairs.
Protect Your Rights: Act Quickly
Given the complexity of these deadlines and the mandatory pre-suit investigation period, families should contact an attorney as soon as they suspect medical malpractice occurred. The pre-suit investigation itself takes months to complete, and the statute of limitations continues to run in the background. Waiting too long can result in the permanent loss of your legal rights.
Wrongful Death vs. Survival Actions: A Critical Distinction
When medical malpractice results in the death of a patient, Florida law provides two distinct legal pathways for the family to pursue compensation: wrongful death claims and survival actions. Understanding the difference is essential because the Florida Legislature has imposed restrictions on wrongful death claims that do not apply to survival actions.
Wrongful Death Claims Under Florida Law
A wrongful death claim is brought by the survivors of the deceased patient for their own losses. Under Florida’s Wrongful Death Act (Sections 768.16 through 768.26), surviving family members can recover damages for:
- Loss of the decedent’s support and services
- Loss of companionship, guidance, and protection
- Mental pain and suffering of the survivors
- Medical and funeral expenses
The damages in a wrongful death claim are measured from the perspective of the survivors. A spouse recovers for the loss of their partner. Children recover for the loss of their parent. Parents, in some cases, recover for the loss of their child.
The Section 768.21(8) Restriction
Florida Statute §768.21(8) imposes a significant restriction on wrongful death claims arising from medical malpractice. Under this statute, adult children (those 25 years of age or older) cannot recover non-economic damages for the death of a parent caused by medical negligence. Similarly, parents cannot recover non-economic damages for the death of an adult child caused by medical negligence.
This restriction applies only to medical malpractice cases. It does not apply to wrongful death claims arising from car accidents, premises liability, or other forms of negligence. The restriction means that when an unmarried adult with no minor children dies due to medical malpractice, there may be no survivor eligible to recover non-economic damages.
In 2025, the Florida Legislature passed bills to repeal this restriction with overwhelming bipartisan support. However, Governor DeSantis vetoed the repeal legislation in June 2025, citing concerns about insurance market stability. As of January 2026, the restriction remains in full effect.
Survival Actions: An Alternative Path
A survival action is a claim brought by the estate of the deceased patient for damages the patient suffered before death. Unlike a wrongful death claim, which compensates survivors for their losses, a survival action compensates the estate for:
- Medical expenses incurred before death
- Lost wages and earning capacity before death
- Pain and suffering experienced by the patient before death
Florida Statute §46.021 governs survival actions. Crucially, survival actions are not subject to the §768.21(8) restriction because they are claims belonging to the deceased patient’s estate, not claims belonging to the survivors.
For families whose wrongful death claims may be limited by §768.21(8), a survival action may provide an alternative avenue for recovery. If the patient survived for a period of time after the malpractice, experiencing pain, suffering, and incurring medical expenses, the estate can pursue compensation for those losses.
Strategic Implications
The interplay between wrongful death claims and survival actions requires careful legal analysis. The Law Offices of Jorge L. Flores, P.A. evaluates every fatal medical malpractice case to determine which legal theories provide the strongest path to recovery given the family circumstances and the restrictions imposed by Florida law.
Damages in Florida Medical Malpractice Cases
The compensation available in a Florida medical malpractice case depends on the nature and severity of the injury, the victim’s economic circumstances, and the applicable legal framework. In Florida, damages fall into two primary categories: economic damages, which are uncapped, and non-economic damages, which compensate for pain and suffering.
Economic Damages (Uncapped)
In Florida, economic damages compensate for financial losses that can be calculated with reasonable certainty. There are no caps on economic damages in medical malpractice cases. Economic damages include:
Past and Future Medical Expenses: The cost of all medical care required as a result of the malpractice, from emergency treatment through lifetime care needs. For catastrophic injuries like locked-in syndrome or severe brain damage, future medical expenses can exceed $20 million.
Past and Future Lost Wages: Compensation for income lost due to the injury. For working adults, this includes wages already lost and the present value of future earning capacity that has been diminished or destroyed.
Loss of Earning Capacity: Even if the victim was not employed at the time of injury, they may recover for the loss of their ability to earn income in the future.
Life Care Planning: For patients who require ongoing care, a life care planner can project all future medical, therapeutic, and custodial needs. These projections form the basis for calculating lifetime care costs.
Non-Economic Damages
In Florida, non-economic damages compensate for losses that cannot be precisely quantified, including:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Disfigurement
- Loss of consortium (for spouses)
In Florida, juries award non-economic damages based on their assessment of the evidence. There is no formula. The jury considers the severity of the injury, the impact on the victim’s quality of life, and other factors in reaching a verdict.
Loss of Consortium
When medical malpractice injures one spouse, the other spouse may have a claim for loss of consortium. This compensates for the loss of companionship, affection, intimacy, and the services the injured spouse provided to the marriage.
Hospitals and Providers We Have Handled Claims Against
The Law Offices of Jorge L. Flores, P.A. has investigated and litigated medical malpractice claims against healthcare facilities throughout South Florida and across the state. Our experience includes cases against:
Miami-Dade County
- Jackson Memorial Hospital / Jackson Health System
- Baptist Hospital of Miami
- South Miami Hospital
- West Kendall Baptist Hospital
- HCA Florida Kendall Hospital
- University of Miami Hospital
- Mercy Hospital
- Mount Sinai Medical Center
- Aventura Hospital and Medical Center
- Homestead Hospital
Broward County
- Broward Health Medical Center
- Memorial Regional Hospital
- Holy Cross Hospital
- Cleveland Clinic Florida
- HCA Florida Plantation Hospital
Palm Beach County
- JFK Medical Center
- St. Mary’s Medical Center
- Good Samaritan Medical Center
- Palm Beach Gardens Medical Center
- Delray Medical Center
This experience matters because we understand how these hospital systems defend malpractice claims, which insurance carriers they use, and which expert witnesses they typically retain. This institutional knowledge allows us to anticipate defense strategies and prepare accordingly.
Our Medical Malpractice Case Results
The Law Offices of Jorge L. Flores, P.A. has a proven track record of securing substantial compensation for medical malpractice victims throughout Florida. The following results demonstrate our ability to handle complex cases against major healthcare systems.
$9.2 Million Verdict: Sepsis Malpractice. For a patient whose hospital had six separate opportunities to diagnose and treat a life-threatening infection but repeatedly chose less aggressive treatment options. This verdict demonstrates our ability to prove systemic failures in hospital care through detailed timeline analysis and expert testimony from infectious disease specialists.
Confidential Multi-Million Dollar Settlement: Brainstem Stroke Misdiagnosed as Vertigo. A 52 year old patient was sent home from the emergency room with an “inner ear infection” diagnosis after presenting with severe dizziness and imbalance. The ER physician relied on a negative CT scan and failed to perform a HINTS examination. Six hours later, the patient returned in a locked in state. Our investigation revealed the hyperdense basilar sign was visible on the original CT but was missed by both the ER physician and radiologist.
Multi-Million Dollar Settlement: Surgical Error. A 45-year-old patient suffered catastrophic, life-altering injury following what was supposed to be a routine procedure. Our team retained top medical experts nationally and analyzed over 3,000 pages of medical records. The settlement covered lifetime medical needs, ongoing treatments, assistive care, and home modifications.
Confidential Settlement: Birth Injury. A newborn suffered permanent brain damage due to delayed emergency cesarean section. The hospital’s fetal monitoring strips showed clear signs of distress that were ignored for hours. The settlement provided lifetime care funding for the child and family.
Past results do not guarantee a similar outcome. Each case is unique and must be evaluated on its own merits.
Why Choose The Law Offices of Jorge L. Flores, P.A.
Medical malpractice litigation is a specialized field that requires specific legal knowledge, medical expertise, financial resources, and trial experience. The Law Offices of Jorge L. Flores, P.A. brings all of these capabilities to every case.
The Triple Perspective Advantage
Attorney Jorge L. Flores brings a unique combination of experiences to medical malpractice representation. He began his career as an Assistant State Attorney in Miami-Dade County, gaining trial experience in the courtroom. He then spent years working at a top rated insurance defense firm, learning how hospitals and their insurers defend malpractice claims from the inside. For over 30 years, he has represented injured patients and families as a plaintiff’s advocate. He is Board Certified in Civil Trial Law by The Florida Bar, a distinction held by less than 1% of Florida attorneys. He has been recognized as a Tier One Medical Malpractice attorney by Best Lawyers in America. He also holds an AV Preeminent rating from Martindale-Hubbell, placing him in the top 5% of attorneys for legal ability and ethics. As an active member of the Florida Justice Association and the American Association for Justice, he stays connected to the national plaintiff’s bar and the latest developments in medical malpractice litigation.
This background means we understand both sides of medical malpractice litigation. We know the defense playbook because we helped write it. When defense counsel raises arguments about causation, we anticipate them. When hospitals claim their conduct met the standard of care, we know how to challenge that assertion with credible expert testimony.
Board-Certified Medical Experts
Medical malpractice cases are won or lost on expert testimony. Florida law requires expert opinions before a case can even be filed. The Law Offices of Jorge L. Flores, P.A. maintains relationships with board-certified physicians in every specialty who can review medical records, provide the affidavits required by Chapter 766, and testify at trial.
Our network includes neurologists, neuroradiologists, obstetricians, surgeons, emergency medicine physicians, infectious disease specialists, and specialists in every other area of medicine. When we take a case, we have the expert resources necessary to prove it.
Financial Resources to Fund Litigation
Medical malpractice cases are expensive. The pre suit investigation alone can cost tens of thousands of dollars in expert fees. Taking a case through trial can require $100,000 or more in expert witnesses, exhibits, and litigation costs. Families cannot afford to pay these costs out of pocket.
The Law Offices of Jorge L. Flores, P.A. advances all costs of investigation and litigation. You pay no attorney fees and no costs unless we recover compensation for your family. This contingency fee structure means we bear the financial risk, not you.
Board Certification, Best Lawyers, and Professional Recognition
Attorney Jorge L. Flores is Board Certified in Civil Trial Law by The Florida Bar. Board Certification is the highest level of recognition by The Florida Bar of the competency and experience of attorneys in specific areas of law. Less than 1% of all Florida attorneys have achieved Board Certification in any area. To become Board Certified, an attorney must demonstrate substantial trial experience, pass a rigorous examination, and receive peer reviews from other attorneys and judges.
Attorney Flores has been recognized as a Tier One Medical Malpractice attorney by Best Lawyers in America, one of the most respected peer-review publications in the legal profession. Best Lawyers rankings are based entirely on peer review, with attorneys voting on the abilities of other lawyers in their practice areas.
Attorney Flores also holds an AV Preeminent rating from Martindale-Hubbell, the highest rating for legal ability and professional ethics. This rating is based on peer reviews from other attorneys and judges who have observed his work. Only approximately 10% of attorneys achieve this distinction.
As an active member of the Florida Justice Association and the American Association for Justice, Attorney Flores remains at the forefront of developments in medical malpractice law and trial advocacy. These organizations provide resources, continuing education, and networking with other plaintiff’s attorneys handling complex medical negligence cases across the country.
Personalized Attention
We limit our caseload so that every client receives personal attention from Attorney Flores directly. You will not be passed to a paralegal or junior associate. When you call our office, you reach people who know your case and can answer your questions.
Bilingual Services
We serve Miami’s diverse communities with complete legal services in English, Spanish, and Portuguese.
Frequently Asked Questions About Florida Medical Malpractice
How do I know if I have a medical malpractice case?
A medical malpractice case requires proof that a healthcare provider deviated from the accepted standard of care and that this deviation caused your injury. Not every bad outcome is malpractice. The first step is a thorough review of your medical records by qualified experts. The Law Offices of Jorge L. Flores, P.A. offers free consultations to evaluate potential cases.
How long do I have to file a medical malpractice lawsuit in Florida?
In Florida, there is a two-year statute of limitations from discovery of the injury and a four-year statute of repose from the date of the incident. Because the mandatory pre-suit investigation takes months to complete, you should contact an attorney well before these deadlines approach.
What is the pre-suit investigation requirement?
Florida Statute §766.106 requires plaintiffs to conduct a pre-suit investigation and obtain a medical expert opinion before filing a malpractice lawsuit. This involves serving a Notice of Intent on the defendants and completing a 90-day investigation period during which no lawsuit can be filed.
How much does it cost to hire a medical malpractice attorney?
The Law Offices of Jorge L. Flores, P.A. handles medical malpractice cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for your family. We also advance all costs of investigation and litigation.
What damages can I recover in a Florida medical malpractice case?
In Florida, you can recover economic damages including medical expenses, lost wages, and lifetime care costs, as well as non-economic damages including pain and suffering. Economic damages are uncapped. Family members may also recover loss of consortium damages.
Can I sue a hospital or just the doctor?
In Florida, hospitals can be held liable for the negligence of their employees and, in some cases, for the negligence of independent contractor physicians who appear to be hospital agents. The Law Offices of Jorge L. Flores, P.A. identifies all potentially liable parties to maximize recovery.
What if my family member died from medical malpractice?
Florida law allows surviving family members to pursue wrongful death claims and the estate to pursue survival actions. The specific damages available depend on the family circumstances and the restrictions of Florida Statute §768.21(8). We evaluate every fatal case to identify the strongest legal theories.
What if the malpractice happened more than two years ago?
Depending on when you discovered the injury and whether fraud or concealment was involved, your claim may still be viable. The statute of limitations runs from discovery, not from the date of the incident, and exceptions exist for fraud that can extend the deadline to seven years.
Do I need an expert to prove my case?
Yes. Florida law requires expert testimony to establish the standard of care, the breach, and causation in medical malpractice cases. The Law Offices of Jorge L. Flores, P.A. works with board-certified medical experts in every specialty.
How long does a medical malpractice case take?
Medical malpractice cases typically take two to four years from initial investigation through resolution. The mandatory pre-suit process takes several months. If the case proceeds to litigation, discovery and trial preparation can take additional years. Some cases settle during the pre-suit phase or after litigation begins.
Areas We Serve
The Law Offices of Jorge L. Flores, P.A. represents medical malpractice victims throughout the State of Florida. Our office is located in Kendall, and we handle cases in:
Miami-Dade County
- Miami Medical Malpractice
- Kendall, Hialeah, Miami Beach, Coral Gables, Homestead, North Miami, Doral
Broward County
- Fort Lauderdale Medical Malpractice
- Hollywood, Pembroke Pines, Plantation, Sunrise, Coral Springs
Palm Beach County
- West Palm Beach Medical Malpractice
- Boca Raton, Delray Beach, Boynton Beach, Palm Beach Gardens
Statewide
We handle significant medical malpractice cases throughout Florida, including Tampa, Orlando, Jacksonville, and other communities.
Contact Our Miami Medical Malpractice Attorneys
If you or a loved one has been injured by medical negligence, The Law Offices of Jorge L. Flores, P.A. can help you understand your legal options. Attorney Jorge L. Flores is Board Certified in Civil Trial Law, recognized as a Tier One Medical Malpractice attorney by Best Lawyers in America, and has over 30 years of experience holding negligent healthcare providers accountable. We offer free consultations to families throughout Florida who believe they have been harmed by substandard medical care.
Call (305) 598-2221 today to speak with a Miami medical malpractice attorney who has the experience, resources, and determination to hold negligent healthcare providers accountable. You can also visit our office at 7700 N Kendall Dr #708, Miami, Florida 33156.
Do not wait. Florida’s statute of limitations strictly limits the time you have to file a claim. Every day of delay is a day the evidence fades and your legal rights erode. Contact us now to schedule your free case evaluation.
The information on this page is for general informational purposes only and does not constitute legal advice.
Page reviewed and updated: January 2026
Legal content reviewed for accuracy and compliance with Florida Bar advertising guidelines.
Who created this content: This page was written by Jorge L. Flores, Esq., Florida Bar Member #53244, Board Certified Civil Trial Lawyer, Best Lawyers Tier One Medical Malpractice, and was reviewed by our legal team for accuracy and compliance with current Florida law. AV Preeminent® rated since 2015. Member, Florida Justice Association and American Association for Justice.
How this page was prepared: The content was developed based on 30+ years of medical malpractice case experience in Florida, a comprehensive review of current Florida statutes including Chapter 766 and Section 768.21(8), and adherence to Florida Bar advertising guidelines.
Why this page exists: To provide Florida residents with accurate, accessible information about their legal rights after medical negligence, and to explain the complex procedural requirements of Florida medical malpractice law in clear terms.
Last reviewed: January 2026
Disclaimer: This content is for informational purposes regarding legal rights. It does not constitute medical or legal advice. Each case is unique. Results depend on the specific facts and law applicable to your situation. No attorney-client relationship is formed until a fee agreement is signed.
Florida Bar Required Notice: The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.
