Florida Medical Malpractice Laws
Florida has specific laws that define the rights of victims who suffer injuries and damages as a result of medical malpractice, as well as procedural rules regarding how these cases are handled. While victims have the right to seek justice and financial compensation after being harmed by substandard medical care, the process of filing an effective medical malpractice lawsuit and securing a positive outcome is not easy.
Our Florida medical malpractice lawyers believe in equipping victims with helpful information to ensure they understand their rights and what state laws require of them.
When Is an Error Considered Medical Malpractice in Florida?
Florida Statutes § 766.102 outlines that medical malpractice occurs when a healthcare professional (such as a doctor, nurse, or other provider) deviates from accepted standards of care.
This failure to meet the duty of care generally arises from negligence and can vary depending on the unique facts and circumstances of a case. Common causes of medical malpractice suits can include:
- Anesthesia errors or surgical errors
- Birth injuries during pregnancy, labor, or delivery
- Nursing errors
- Medication errors
- Emergency room errors
- Misdiagnosis or failure to diagnose conditions like cancer, stroke, or heart issues
- Intubation errors
Victims will generally have a case if they can prove how substandard care led to their injuries and damages. Establishing a duty of care and proving a breach in the care will depend on the profession and type of harm inflicted on the victims.
A personal injury lawyer who focuses on medical malpractice must show that the medical professional failed to act as a reasonably skilled and careful professional would have acted under the same or similar circumstances.
What Is the Statute of Limitations for Florida Malpractice Lawsuits?
Florida law enforces time limits that prevent victims from filing medical malpractice lawsuits and recovering their damages if too much time has passed.
Generally, medical malpractice victims in Florida must file a lawsuit within two years from the date that they discovered their injuries or should have discovered their injuries, per Florida Statutes § 95.11, but generally no more than four years from the date of the negligent act.
There are some situations that can extend or toll this deadline. For example, the statute of limitations may be different for cases involving minors injured before they are eight years of age, and there are exceptions in the case of healthcare providers who fraudulently conceal malpractice. Because the statute of limitation can bar victims from recovery, it is important to consult an attorney as soon as possible.
Are There Pre-Suit Requirements for Malpractice Claims in Florida?
Florida requires medical malpractice victims to first serve a notice of intent to file a lawsuit to the healthcare provider before they can file a legal action in court, per Florida Statute § 766.106. This includes having a sworn affidavit from a medical professional who agrees the victim has a valid claim.
The notice results in a 90-day presuit process during which the statute of limitations is tolled (delayed). If a healthcare provider does not wish to settle or admit liability, victims have two potential time frames to file a lawsuit, depending on which period is longer:
- 60 days from the date of denial or
- However long they have left of the statute of limitations
An additional 90 days can be added to the statute of limitations to account for the time needed to work with a medical expert and engage in the presuit process, per Florida Statute § 766.104. This is more reason to hire an experienced medical malpractice attorney.
Does Florida Have Any Damages Caps in Malpractice Lawsuits?
Until 2017, Florida was one of many U.S. states to impose caps—or limits—on the amount of damages victims can seek in medical malpractice cases. In 2017, however, the Florida Supreme Court issued a landmark decision that struck down these caps on damages and found them unconstitutional. The court stated that they were arbitrarily set and that they victimized individuals who suffered the most severe harm and losses.
As a result of this favorable decision for plaintiffs, there are currently no caps on damages that victims of medical negligence can be awarded. Recent challenges to this ruling in late 2023 did not overturn this decision, but our lawyers are prepared for any potential legislative changes that can affect victims like you.
Damages Available to Victims of Medical Malpractice in Florida
Every case is unique. The damages any victim is able to recover in their particular case, discussed in Florida Statutes § 766.202, will depend on the individual facts and circumstances involved.
Generally, medical malpractice lawsuits seek to recover economic damages incurred as a result of negligence and their injuries, including:
- Medical expenses
- Future medical needs
- Lost income
- Lost earning potential
- Other financial losses and expenses, like travel costs and home modification expenses
Victims are also eligible to recover non-economic damages for losses such as:
- Pain and suffering
- Emotional anguish
- Loss of consortium
- Inconvenience
- Loss of enjoyment in life
You are also entitled to seek wrongful death damages on behalf of a loved one if a provider’s malpractice caused their passing.
Does Florida Prevent Victims From Seeking Damages if They Are Partially At Fault?
Although changes to Florida Statutes § 768.81 in March 2023 made Florida a modified comparative negligence state for most personal injury cases, this change does not apply to medical malpractice claims.
Medical malpractice cases still follow a pure comparative negligence system. If you somehow share fault for your malpractice injuries, the defendant will seek to reduce your damages by the percentage of fault that you bear. There is not a percentage threshold that would prevent you from seeking compensation.
Although this is good news for malpractice victims, insurance companies and hospitals may still try to reduce compensation by blaming injured people for their injuries. The right medical malpractice lawyer should be able to combat these and other tactics that negligent parties and their representatives may use to reduce your settlement or verdict.
Discuss Your Case with Proven Florida Medical Malpractice Lawyers
This is not a complete list of laws and rulings that impact malpractice claims in Florida, but the medical malpractice lawyers at Freidin Brown, P.A. can discuss these details when you work with our firm.
We are available 24/7, and we can talk to you by phone, over Zoom, or in our Miami and Fort Myers offices. Our team has experience handling a range of cases involving injuries and illnesses caused by medical negligence, and we represent clients throughout Florida. Call now for a free consultation.
