When a patient is seriously injured due to a medical error, filing a malpractice lawsuit in Florida may feel like the only path toward accountability. But once a claim is filed, doctors, hospitals, and their insurance companies do not simply admit fault.

Instead, they rely on a range of legal defenses designed to defeat or limit your case.

If you are considering a claim under Florida’s medical negligence laws—including those found in Chapter 766 of the Florida Statutes—it is important to understand the most common defenses you may face.

1. “The Doctor Met the Standard of Care”

The most common defense in any Florida medical malpractice case is that the provider met the accepted standard of care.

Under Florida law, a doctor is not liable simply because a patient had a bad outcome. The key legal question is whether the provider acted as a reasonably careful physician would have acted under similar circumstances.

Defense strategy often includes:

• Hiring expert witnesses to testify the care was appropriate

• Claiming the treatment choice was a “reasonable medical judgment”

• Arguing the complication was a known risk

In many cases, the battle becomes a “dueling experts” situation, where both sides present qualified physicians to testify about what should have been done.

2. “This Was a Known Risk or Complication”

Doctors frequently argue that the injury was a known complication, not malpractice.

For example:

• Surgical bleeding

• Infection after a procedure

• Nerve injury

• Medication reactions

Just because a complication is known does not mean it was unavoidable. The real issue is whether it occurred due to negligence—such as improper technique, failure to monitor, or delayed intervention.

Insurance companies often rely on this defense to shift the focus from preventable error to “inherent risk.”

3. “The Patient’s Condition Would Have Happened Anyway” (Causation Defense)

Even if negligence occurred, the defense may argue it did not cause the injury.

This is known as a causation defense.

For example:

• The patient had a pre-existing condition

• The disease was already progressing

• The outcome would have been the same regardless of treatment

In Florida malpractice cases, proving negligence is not enough—you must also prove that the negligence caused additional harm.

Defense teams frequently hire experts to argue:

• The damage was inevitable

• The injury was due to underlying illness

• The harm was unrelated to the alleged mistake

Causation disputes are often the most aggressively litigated part of a malpractice case.

4. Comparative Fault (Blaming the Patient)

Florida follows a modified comparative fault system. Defendants sometimes argue that the patient contributed to the injury.

Common arguments include:

• Failure to follow medical advice

• Missing follow-up appointments

• Not disclosing medical history

• Noncompliance with medications

If the jury finds the patient partially responsible, damages may be reduced proportionally.

However, comparative fault must be supported by real evidence—not speculation.

5. Pre-Existing Conditions

Defense attorneys often focus on a patient’s prior medical history to argue:

• The injury was already present

• Symptoms were unrelated

• The patient was already disabled

While pre-existing conditions can complicate a case, Florida law allows recovery when negligence aggravates a prior condition.

A defendant cannot escape liability simply because a patient was medically vulnerable.

6. The Statute of Limitations

Under Florida law, most medical malpractice claims must be filed within:

• Two years from when the injury was discovered (or should have been discovered), and

• No more than four years from the date of the incident in most cases

This is known as the statute of limitations and statute of repose.

If the case is filed too late, the defense will move to dismiss it entirely—regardless of how strong the negligence claim may be.

There are limited exceptions (such as fraud or concealment), but strict deadlines apply.

7. Failure to Comply with Florida’s Pre-Suit Requirements

Florida malpractice law requires strict pre-suit procedures before filing a lawsuit, including:

• A verified written medical expert opinion

• A notice of intent to initiate litigation

• A pre-suit investigation period

If these requirements are not properly followed, the defense may seek dismissal.

Hospitals and insurers carefully scrutinize whether plaintiffs complied with Chapter 766 requirements.

8. Informed Consent Defense

In some cases, defendants argue that the patient signed an informed consent form acknowledging risks.

However, informed consent does not excuse negligence. A signed consent form does not protect a doctor who:

• Performs the procedure improperly

• Operates on the wrong site

• Fails to monitor properly

• Deviates from accepted medical standards

The defense must show that the specific risk that occurred was properly disclosed and that the procedure itself was performed appropriately.

9. Sovereign Immunity (Government Hospitals)

If care occurred at a public hospital or university facility, the defense may raise sovereign immunity under Section 768.28, Florida Statutes.

This can:

• Limit damages

• Cap recovery amounts

• Impose additional notice requirements

Government-affiliated providers often assert this defense early in litigation.

Why Understanding These Defenses Matters

Medical malpractice cases in Florida are heavily defended. Insurance carriers invest significant resources into expert testimony and procedural defenses.

Understanding common defense strategies helps patients and families:

• Realistically evaluate their case

• Preserve important evidence early

• Meet filing deadlines

• Anticipate insurance company tactics

A bad medical outcome does not automatically mean malpractice—but when negligence causes preventable harm, Florida law provides a pathway to accountability.

Injured by Medical Negligence in Florida?

If you or a loved one suffered serious injury due to a medical error, it is critical to act quickly. Strict deadlines and pre-suit requirements apply, and early investigation can make the difference between a viable claim and a dismissed case.

An experienced Florida medical malpractice attorney can:

• Review your medical records

• Consult with qualified experts

• Identify applicable defenses

• Protect your rights under Florida law

Understanding how doctors defend these cases is the first step toward building a strong one.

Have you or someone you know been injured as a result of medical malpractice? Contact Florida Hospital and Medical Malpractice Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.

This article is for informational purposes only and does not constitute legal advice.