Most hospital-acquired infections are preventable. CDC reports that one in thirty-one hospital patients has an HAI on any given day; the standards of care are explicit.
Jorge L. Flores has thirty years in Florida medical malpractice, including years on the defense side. The firm reads infection-control records the way the defense reads them.
Florida hospital-infection cases turn on three questions: was the standard met, was the patient’s condition survivable under Gooding, and do the hospital’s own records prove the breach. The firm investigates each before any complaint is filed.
♦ AV Preeminent® Rated♦ Board Certified Civil Trial♦ Statewide Florida
National HAI Rate
1 in 31
Hospital patients in the United States with at least one healthcare-associated infection on any given day. Source: CDC.
Annual U.S. HAIs
687,000
Estimated healthcare-associated infections in U.S. acute care hospitals annually. Source: CDC HAI Hospital Prevalence Survey.
In-Hospital Deaths
~72,000
Hospital patients with HAIs who died during their hospitalizations. Source: CDC HAI Hospital Prevalence Survey.
Key Points about Florida Hospital Infection Law
I
Governed by Florida Statute § 766.102
Florida hospital-infection claims are evaluated under the “prevailing professional standard of care,” the statutory standard that governs all Florida medical malpractice cases. Compliance with CDC infection-prevention guidelines and hospital infection-control policies is the typical baseline.
II
The Gooding 51% rule applies to infection causation
Florida explicitly rejects loss-of-chance recovery. The plaintiff must prove the underlying condition had a greater than 50 percent chance of survival before the infection or before the failed sepsis recognition that turned a treatable infection into a fatal one.
III
Same-specialty experts required under § 766.102(5)
Hospital-infection cases typically require infectious-disease, ICU/critical-care, hospital-medicine, and infection-control nursing experts; the expert match must be exact to the defendant’s specialty.
IV
Two-year SOL with discovery rule
Under Fla. Stat. § 95.11(4)(b), the deadline runs two years from discovery, with a four-year outer repose; a fraud-and-concealment exception extends to seven years. Late-onset infections regularly trigger the discovery rule.
Hospital-infection cases are won and lost in records most plaintiffs never see; the sterilization log, the infection-control committee minutes, the sepsis bundle compliance audit, the hand-hygiene observations. Our job is to know which records to ask for, and to read them honestly.
Jorge L. Flores, Esq.
§01Definition
01 · Definition
What hospital-acquired infections are
A healthcare-associated infection (HAI) is an infection that a patient acquires while receiving treatment for another condition in a healthcare setting. The infection was not present, and not incubating, when the patient was admitted; the hospital is where the patient picked it up. CDC and the National Healthcare Safety Network track six categories of HAI in U.S. acute-care hospitals; the patterns below recur in Florida medical-malpractice litigation.
HAI Type 01
Surgical Site Infections (SSI)
Infections at the surgical wound or in deeper tissues operated on. Recurring liability theories: breach of sterile technique in the operating room, inadequate prophylactic antibiotics, post-operative wound-care failures.
HAI Type 02
Central Line-Associated Bloodstream Infections (CLABSI)
Bloodstream infections originating from a central venous catheter. Liability typically turns on insertion technique, line-maintenance protocol compliance, and timely line removal once no longer medically necessary.
UTIs acquired from indwelling urinary catheters. The standard-of-care question typically turns on whether the catheter was clinically necessary and whether it was removed promptly when the indication ended.
HAI Type 04
Ventilator-Associated Pneumonia (VAP)
Pneumonia developed by patients on mechanical ventilation. Recurring claims involve failure to elevate the head of the bed, inadequate oral hygiene, and prolonged ventilation when extubation was clinically indicated.
HAI Type 05
C. difficile Infection (CDI)
A gut infection often triggered by inappropriate antibiotic use and inadequate room hygiene. The case-driving question is typically antibiotic stewardship and contact-precaution compliance once the infection is suspected.
HAI Type 06
MRSA & Resistant Pathogens
Methicillin-resistant Staphylococcus aureus bloodstream events and other multidrug-resistant pathogens. Cases turn on screening, isolation precautions, environmental cleaning, and the timely escalation of antimicrobial therapy.
CDC’s most recent National and State HAI Progress Report (released January 2026, covering 2024 data) shows year-over-year declines in CLABSI (9 percent), CAUTI (10 percent), C. difficile (11 percent), MRSA bacteremia (7 percent), colon SSI (4 percent), and ventilator-associated events (2 percent) at U.S. acute-care hospitals. Progress is uneven by state and by facility; the existence of national best-practice does not mean every Florida hospital follows it.
§02Malpractice Threshold
02 · Florida Malpractice Threshold
When a hospital infection becomes Florida malpractice
Not every hospital infection is malpractice. Some infections occur despite competent care; certain immunocompromised patients are vulnerable in ways no protocol can fully prevent. A Florida malpractice claim requires proof of four specific elements, each tied to specific evidence in the medical record.
Element 01
Duty
A hospital that admits a patient owes that patient a duty to follow the prevailing professional standard of infection prevention. This is rarely contested in Florida malpractice litigation.
Element 02
Breach
A failure to follow the standard. Documented breach examples: lapses in sterile technique, hand-hygiene non-compliance, ignored sepsis bundle steps, delayed line removal, incomplete environmental cleaning, breaches of contact-precaution protocols.
Element 03
Causation
The breach more likely than not caused the infection or the catastrophic outcome. Florida applies the Gooding 51 percent rule strictly; the plaintiff’s underlying condition must have been survivable before the breach.
Element 04
Damages
Measurable harm: prolonged hospitalization, additional surgeries, sepsis-related disability, amputation, neurological injury from septic shock, or death. Damages drive case value; severity drives the priority of pre-suit investigation.
The standard-of-care analysis under Fla. Stat. § 766.102 is established through testimony from a same-specialty expert. For hospital-infection cases, that means an infectious-disease physician for the medical decisions, an ICU or hospital-medicine physician for the resuscitation and supportive-care decisions, and an infection-control nursing expert for the protocol-compliance questions.
The Causation Question Florida Asks Twice
Did the patient survive the underlying condition? And was the infection itself the cause of the catastrophic outcome?
Under Gooding v. University Hospital, 445 So. 2d 1015 (Fla. 1984), the plaintiff must show the patient’s underlying condition had a greater than 50 percent chance of survival before the infection. In a sepsis-progression case, the same analysis applies twice: was the original infection survivable before the sepsis bundle was missed, and would timely sepsis recognition have produced a meaningfully different outcome?
§03Scenarios
03 · Real-World Scenarios
Real-world hospital-infection scenarios
Most hospital-infection malpractice claims fall into one of five recurring scenarios. Each has its own clinical course, its own pattern of records, and its own evidentiary fingerprint. Knowing which scenario applies controls which experts the firm retains and which records the firm pulls first.
Scenario 01 · Surgical
Post-Surgical Infections
Orthopedic, spinal, abdominal, and cardiac surgical wound infections. Cases turn on operating-room sterile technique, prophylactic antibiotic timing, surgical-team hygiene compliance, and post-operative wound-care protocols. Hardware infections in joint replacements often require multiple revision surgeries.
Scenario 02 · ICU
ICU CLABSI & VAP
Bloodstream infections from central lines and pneumonia from ventilators are the dominant ICU patterns. Cases typically turn on whether evidence-based bundles (CLABSI prevention bundle, VAP prevention bundle) were followed; these are documented protocols with specific compliance steps that nursing notes either reflect or do not.
Scenario 03 · Maternity
Post-Childbirth & C-Section Infections
Endometritis, cesarean wound infections, and postpartum sepsis. Cases involve labor-room sterile technique, surgical-site management following operative delivery, and recognition of postpartum infection signs after discharge. Family medicine and obstetric expert testimony required.
Scenario 04 · Transfer
Nursing Home / Rehab Transfers
Patients transferred from skilled nursing or rehab facilities back to hospitals with infections that originated in the prior facility. Hospital liability turns on screening at admission, isolation protocols, and whether the receiving team escalated treatment promptly when infection was identified.
Scenario 05 · Pediatric
Pediatric Hospital Infections
Children, particularly NICU and PICU patients, are uniquely vulnerable to HAIs. Cases involve breast-milk handling protocols, neonatal sepsis recognition, central-line management in fragile infants, and the special pediatric infection-control standards that apply.
Cross-Cutting Risk
Sepsis & Septic Shock
Sepsis is not a setting; it is a clinical trajectory that turns any of the above into a catastrophic outcome. The standard of care now requires recognition within one hour of presentation and execution of a sepsis bundle (cultures, broad-spectrum antibiotics, fluid resuscitation, lactate trending). Failures here drive the highest-value HAI cases.
§04Evidence & Experts
04 · Evidence & Expert Witnesses
The records that decide hospital-infection cases
Hospital-infection malpractice cases are won and lost in a category of records most plaintiffs never see and many plaintiffs’ firms do not request. The infection-control infrastructure of every accredited Florida hospital generates a paper trail; that paper trail establishes what the institution knew about its own infection rates, which protocols were in effect, and whether they were followed in the specific case. The Law Offices of Jorge L. Flores, P.A., requests these records by name in the pre-suit phase, before the defense has the chance to assert that they are not relevant.
Records the firm pulls in Florida HAI cases
· Infection-control committee minutes
· Sterilization log and equipment-tracking records
· Hand-hygiene compliance observations
· Sepsis bundle compliance audit data
· Nurse-to-patient ratios for the relevant shift
· Electronic-health-record audit trails
· Central-line and catheter maintenance logs
· Culture results and antimicrobial susceptibility reports
· Environmental cleaning and terminal-room logs
· Antimicrobial stewardship program records
Same-specialty experts in Florida HAI cases
Under § 766.102(5), the pre-suit expert must specialize in the exact same specialty as the defendant. Hospital-infection cases regularly require multiple experts because multiple specialties are typically named as defendants. Selecting the wrong expert results in dismissal regardless of underlying merit.
Expert 01
Infectious-Disease Physician
Speaks to whether the diagnostic and antimicrobial decisions met the standard of care for the specific organism, patient profile, and clinical context.
Expert 02
ICU / Critical Care Physician
Addresses the resuscitation and supportive-care decisions in sepsis and septic-shock progression, including timing of fluids, vasopressors, and mechanical ventilation.
Expert 03
Hospital-Medicine Physician
Speaks to the inpatient-care standard, including escalation triggers, transfer decisions, and the floor-to-ICU transition that often determines outcome.
Expert 04
Infection-Control Nursing Expert
Addresses the protocol-compliance questions: hand hygiene, isolation precautions, line-maintenance procedures, and bundle execution at the bedside.
§05Pre-Suit Process
05 · Pre-Suit
Florida’s mandatory pre-suit process for HAI claims
Florida is one of the few states that requires a mandatory pre-suit investigation before any medical malpractice lawsuit can be filed. The process is governed by Fla. Stat. § 766.106 and § 766.203. Failing to comply results in dismissal. For HAI cases, the corroborating affidavit is the document the defense attacks first; the affidavit must reflect a genuine same-specialty match and a defensible standard-of-care opinion grounded in CDC guidelines and the hospital’s own infection-control protocols.
Step 1
Records and infection-control review
The firm orders the complete medical chart plus the institutional records described above. The audit trail for the EHR often reveals what providers saw, when they saw it, and what they ordered next.
Step 2
Same-specialty expert evaluation
Infectious-disease, ICU, hospital-medicine, or infection-control nursing expert evaluates the records. The expert must specialize in the exact same specialty as the defendant and must have devoted professional time during the three years preceding the incident to active clinical practice in that specialty.
Step 3
Corroborating affidavit
The expert reduces the opinion to a written corroborating affidavit under § 766.203. Defense counsel reads it word by word; a hedged or thinly-supported affidavit can sink an otherwise strong HAI case at the motion-to-dismiss stage.
Step 4
Notice of Intent served
The firm serves each prospective defendant with a statutory Notice of Intent under § 766.106, including the corroborating affidavit and the factual basis for the claim.
Step 5
90-day pre-suit window
A mandatory 90-day investigation period begins. The statute of limitations is tolled. Both sides may exchange information under pre-suit discovery rules.
Step 6
Defense response
The defense must reject the claim, offer to settle, or offer binding arbitration. HAI cases with strong infection-control evidence frequently resolve favorably during this window.
Step 7
Filing or settlement
If the case survives pre-suit, the complaint is filed in the appropriate Florida circuit court. Florida requires mandatory mediation, typically within 120 days of filing. For the full statutory mechanics, see our Pre-Suit Requirements guide.
§06Damages
06 · Damages Framework
Damages you may recover in a Florida HAI case
Florida medical malpractice damages fall into three categories. The framework that applies to hospital-infection cases today is more favorable to plaintiffs than many families realize, but the legislative landscape is in active flux and any new cap statute could change the calculation in pending cases. Public-hospital cases are subject to a separate sovereign immunity framework.
Economic Damages
Uncapped
Past and future medical treatment, long-term care, lost wages, loss of earning capacity, and out-of-pocket expenses. Sepsis-survivor and amputation cases often carry life-care plans in the millions; economic damages have never been capped in Florida medical malpractice cases.
Non-Economic Damages
Currently uncapped
Pain, suffering, emotional distress, loss of enjoyment of life, and post-traumatic stress where psychiatrically documented. Statutory caps in § 766.118 were struck down in Estate of McCall (2014) and Kalitan (2017).
Punitive Damages
Capped under § 768.73
Available for intentional misconduct or gross negligence, including documented institutional indifference to recurring infection-control failures. Capped at the greater of three times compensatory damages or $500,000, with statutory exceptions; procedural gatekeeper under § 768.72.
2026 Legislative Update
SB 248 has been filed for the 2026 Florida legislative session
SB 248 would re-impose a $750,000 cap on non-economic damages. As of the date of this guide, SB 248 has not received a committee hearing, and any new cap statute would likely face constitutional challenge under the same equal-protection analysis that governed McCall and Kalitan. Cases are valued under the law in force at the time of resolution.
Public hospital cases: sovereign immunity caps
Cases against public hospitals, county health departments, state university medical schools, and physicians employed by such entities are subject to sovereign immunity caps under § 768.28: $200,000 per person and $300,000 per incident, regardless of severity. Several major Florida hospitals are public entities; identifying defendant employment status is the first strategic decision in a Florida HAI case.
Wrongful death from hospital infection: the “Free Kill” exclusion
Sepsis fatalities are common in Florida hospital-infection litigation. Florida’s wrongful-death framework under § 768.21(8) bars adult children of decedents over 25, and parents of adult decedents, from recovering non-economic damages in medical-malpractice wrongful-death cases. House Bill 6017 in 2025 would have repealed this exclusion; it passed both chambers but was vetoed by Governor DeSantis. HB 6003 has been re-introduced for the 2026 session. The economic damages claim survives regardless; the non-economic damages question depends on the surviving family configuration and on the law in force at the time of resolution.
If a Florida hospital infection caused you or a family member sepsis, amputation, prolonged ICU care, or death, the Law Offices of Jorge L. Flores, P.A., will request the institutional infection-control records at no cost. The pre-suit investigation alone takes ninety days; calling early preserves options that calling late cannot.
Recent matters from the Law Offices of Jorge L. Flores, P.A. The post-operative monitoring matter below illustrates the firm’s capability in cases where institutional monitoring failures led to catastrophic outcomes; the additional matters demonstrate the firm’s capability in catastrophic-injury medical malpractice generally. See our full Case Results page for additional matters.
Resolution · Wrongful Death
$1.85M
Failure to monitor post-operative patient, resulting in wrongful death. Demonstrates the firm’s capability in cases turning on institutional monitoring failures and missed escalation opportunities.
Verdict · Hospital Negligence
$12.25M
Failure to diagnose ischemic stroke resulting in catastrophic permanent injuries. Demonstrates the firm’s capability in catastrophic-harm cases requiring extensive life-care planning.
Resolution · Hematology
$4.25M
Failure to timely diagnose and treat thrombocytopenia. Demonstrates the firm’s capability in cases turning on laboratory audit trails and missed-alert sequences.
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. Information presented here was not reviewed or approved by The Florida Bar. The information was provided by the Law Offices of Jorge L. Flores, P.A., 7700 N Kendall Drive, Suite 708, Miami, Florida 33156. Jorge L. Flores, Esq. is responsible for content; Florida Bar No. 53244.
08 · Why Florida Families Choose this Firm
Four reasons Florida families trust this hospital-infection law firm
Former defense-side perspective
Before representing families, Jorge Flores represented Florida hospitals, physicians, and their carriers. The firm knows how infection-control records are produced, how defense counsel reads them, and where the gaps in those records typically appear.
Medical malpractice exclusively
The firm handles medical malpractice cases exclusively. Hospital-infection litigation requires fluency with infectious-disease standards, ICU bundle compliance, and the institutional records that establish breach; it is not a field for generalist personal-injury firms.
Statewide Florida reach
The firm represents Florida families statewide, with working familiarity with the circuit courts, defense firms, and same-specialty expert networks active in hospital-infection litigation across every major Florida market.
Bilingual representation
Every stage of every case is handled in English or Spanish, from intake through resolution. Florida families dealing with HAI consequences often deal with hospital records and provider notes in both languages.
§09Service Area
Serving Families Across Florida
Florida hospital-infection lawyers serving all 67 counties
The Law Offices of Jorge L. Flores, P.A., represents Florida families in Miami, Tampa, Orlando, Jacksonville, Fort Lauderdale, West Palm Beach, St. Petersburg, Gainesville, Pensacola, and communities throughout the state. Every consultation is free; the firm takes calls in English and in Spanish.
Miami
Jackson Memorial & Baptist
Tampa
Tampa General area
Orlando
Orlando Health area
Jacksonville
UF Health area
St. Petersburg
All Children’s area
Fort Lauderdale
Broward Health area
Hollywood
Memorial Regional area
West Palm Beach
St. Mary’s area
Fort Myers
Lee Health area
Gainesville
UF Shands area
Pensacola
Sacred Heart area
Statewide
All 67 counties
§10What To Do
10 · Action Checklist
What to do if you suspect a hospital infection
If you or a family member developed an infection during or after a Florida hospital stay, the steps below preserve options that delay or inaction can foreclose. The pre-suit investigation alone takes ninety days; calling early matters.
01
Get follow-up medical care.
Health comes first. If symptoms persist or worsen, return to the hospital, see an infectious-disease specialist, or escalate to your primary-care physician. Treatment delay compounds harm.
02
Request your medical records.
Request the complete chart from the hospital, including discharge summary, operative notes if applicable, all laboratory and culture results, and the medication administration record. Florida law gives you a right to your records.
03
Document the timeline.
Write down what happened in your own words: admission date, procedure date, when symptoms started, when each provider saw you, what they told you. Memory fades; contemporaneous notes preserve the case.
04
Do not give recorded statements alone.
If a hospital risk-management representative or insurance adjuster contacts you, decline a recorded statement and say you will respond through counsel. Recorded statements are made for the defense, not for you.
05
Contact a Florida medical malpractice attorney.
Records review is the only way to know whether the case has merit. The Law Offices of Jorge L. Flores, P.A., reviews HAI records at no cost, in English or Spanish, and explains honestly what the records show.
11 · Reputation & Peer Recognition
Recognized by peers, rated by clients
As a Florida hospital-infection law firm, the Law Offices of Jorge L. Flores, P.A., is peer-reviewed by fellow Florida attorneys and publicly rated by clients. The recognitions below reflect independent third-party evaluation of the firm’s medical-malpractice practice.
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.
12 · Common Questions
Florida hospital-infection FAQs
What is considered a hospital-acquired infection in Florida?
A hospital-acquired infection (HAI) is an infection a patient develops during or shortly after a hospital stay that was not present and not incubating at admission. CDC and the National Healthcare Safety Network track six core categories at U.S. acute-care hospitals: surgical site infections, central line-associated bloodstream infections (CLABSI), catheter-associated urinary tract infections (CAUTI), ventilator-associated pneumonia (VAP), C. difficile, and MRSA. The Florida malpractice question is whether the hospital’s breach of infection-prevention standards caused the infection.
How do I know if my hospital infection was caused by negligence?
Negligence requires proof that the hospital breached the prevailing professional standard of care under Fla. Stat. § 766.102 and that the breach more likely than not caused the infection or the resulting harm. Documented breach examples include lapses in sterile technique, hand-hygiene non-compliance, ignored sepsis bundle steps, delayed line removal, breaches of contact-precaution protocols, and inadequate environmental cleaning. A same-specialty expert review of the medical records and infection-control records is required to evaluate whether the case meets the Florida standard.
How long do I have to sue a hospital for an infection in Florida?
Two years from the date the injury was discovered or should have been discovered, with a four-year outer limit from the date of the negligent act under Fla. Stat. § 95.11(4)(b). Late-onset infections regularly trigger the discovery rule. A fraud or concealment exception extends the deadline up to seven years. The pre-suit investigation under § 766.106 alone takes ninety days, so the practical filing window is shorter than the statutory deadline suggests.
What if a Florida hospital infection caused my loved one’s death?
A wrongful-death claim is available where a hospital infection or sepsis death resulted from medical negligence. Florida’s wrongful-death framework under § 768.21 governs the claim. Note: § 768.21(8) currently bars adult children of decedents over 25, and parents of adult decedents, from recovering non-economic damages in medical-malpractice wrongful-death cases. House Bill 6017 in 2025 would have repealed this exclusion but was vetoed; HB 6003 has been re-introduced for the 2026 session. The economic-damages claim survives regardless.
Who pays my bills if I got a serious infection after surgery in Florida?
In the short term, the bills are paid by your health insurance, Medicare, Medicaid, or out-of-pocket. If the case is pursued and the firm establishes liability, the recovery includes past medical bills, future medical care, lost wages, loss of earning capacity, pain and suffering, and (where catastrophic) life-care planning. Liens for medical expenses paid by health insurance, Medicare, or Medicaid must be reconciled at settlement; the firm handles that reconciliation.
What is sepsis, and is delayed sepsis recognition malpractice?
Sepsis is the body’s overwhelming systemic response to infection, which can progress rapidly to septic shock, multi-organ failure, and death. The standard of care now requires recognition within roughly one hour of presentation, plus execution of a sepsis bundle (cultures, broad-spectrum antibiotics, fluid resuscitation, lactate monitoring). Failure to recognize sepsis or to execute the bundle within the recommended timeframes is one of the most common breaches in modern Florida hospital-infection litigation.
Does the firm handle MRSA, C. diff, and superbug infections?
Yes. MRSA, C. difficile, and other multidrug-resistant pathogens are recurring fact patterns. Cases turn on screening at admission, isolation precautions, environmental cleaning, antibiotic stewardship, and the timely escalation of antimicrobial therapy when the resistant pathogen is identified. The infection-control records often establish whether the institution recognized the pattern and responded.
Can I sue a Florida public hospital for an infection?
Yes, but with caps. Cases against public hospitals, county health departments, state university medical schools, and physicians employed by such entities are subject to sovereign immunity caps under Fla. Stat. § 768.28: $200,000 per person and $300,000 per incident, regardless of the severity of the injury. Several major Florida hospitals are public entities; identifying defendant employment status is the first strategic decision in a Florida HAI case.
What kind of expert witnesses are needed in a Florida HAI case?
Most Florida HAI cases require multiple experts because multiple specialties are typically named as defendants. Common expert profiles: an infectious-disease physician to address antimicrobial decisions, an ICU or hospital-medicine physician for resuscitation and supportive care, an infection-control nursing expert for protocol-compliance questions, and (in surgical cases) the relevant surgical subspecialist. Under Fla. Stat. § 766.102(5), each expert must specialize in the exact same specialty as the defendant they speak to.
What does it cost to hire a Florida hospital-infection lawyer?
The Law Offices of Jorge L. Flores, P.A., handles HAI cases on a contingency basis. Families pay no attorney fee unless the firm recovers. Case costs (same-specialty experts, records, depositions, filing fees), which can exceed $100,000 in complex HAI cases, are advanced by the firm and deducted from the recovery. Florida Bar rules govern the maximum contingency percentage. The initial consultation is free.
How long does a Florida hospital-infection case take to resolve?
Florida law mandates a 90-day pre-suit investigation period under § 766.106 before any complaint can be filed. With investigation and same-specialty expert review, most Florida HAI cases are in pre-suit for three to six months. After filing, the typical duration to resolution is 18 to 36 months. Catastrophic cases involving extensive life-care plans or contested causation can extend beyond three years.
What records does the firm request in a hospital-infection case?
Beyond the standard medical record, the firm requests infection-control committee minutes, sterilization logs, hand-hygiene compliance observations, sepsis bundle compliance audit data, nurse-to-patient ratios, electronic-health-record audit trails, central-line and catheter maintenance logs, culture results and antimicrobial susceptibility reports, environmental cleaning logs, and antimicrobial stewardship records. These institutional records frequently determine whether the case can be proven.
Free Consultation · Hablamos Español
If a Florida hospital infection caused you or a family member serious harm, the Law Offices of Jorge L. Flores, P.A., is ready to review your case today.
The firm represents families statewide. Every consultation is free, and no fee is collected unless the firm recovers compensation for you.
