When you’re harmed by a doctor, nurse, hospital, or medical provider in Florida, you may be entitled to file a medical malpractice lawsuit. But Florida law has some of the most complex requirements in the country. Missing a step—or even missing a deadline—can prevent you from ever bringing your case.
This guide breaks down the process in clear, simple steps so Florida patients and families understand what to expect and how to protect their rights.
1. Determine Whether You Have a Valid Medical Malpractice Claim
Florida law defines medical malpractice as an injury or death resulting from a healthcare provider’s deviation from the accepted standard of care.
Common examples include:
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Misdiagnosis or delayed diagnosis
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Surgical errors
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Medication errors
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Birth injuries
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IV infiltration/extravasation injuries
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Failure to monitor a patient
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Anesthesia mistakes
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Negligent post-operative care
To bring a case, you must be able to show:
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A provider-patient relationship
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A deviation from the standard of care
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A preventable injury that caused damages
If those elements are unclear, a malpractice attorney can evaluate the situation.
2. Make Sure You’re Within Florida’s Strict Deadlines
Florida has a 2-year statute of limitations for medical malpractice cases. The clock usually starts when:
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You knew or should have known that the injury occurred and may have been caused by malpractice.
There is also a 4-year statute of repose, which bars most claims more than four years after the malpractice—even if you didn’t discover it earlier.
Because these deadlines are complicated and very case-specific, early action is critical.
3. Complete Florida’s Mandatory Presuit Investigation (F.S. 766 Requirements)
Before you can file a lawsuit, Florida law requires you to complete a formal presuit investigation, which includes:
A. Obtain Your Medical Records
You must gather all relevant records from every provider involved.
B. Conduct a Detailed Case Review
Your attorney will work with medical experts to review:
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What happened
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Whether the provider violated the medical standard of care
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Whether that violation caused your injuries
C. Obtain a Mandatory Expert Support Affidavit
Florida requires a verified written medical expert opinion confirming that reasonable grounds exist for a medical malpractice claim.
Without this affidavit, you cannot move forward.
4. Serve a Notice of Intent to Initiate Litigation
Once the presuit investigation is complete, you must send a Notice of Intent to each healthcare provider you intend to sue.
The Notice must include:
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The experts’ affidavit
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A description of the claim
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Authorizations for the provider to obtain medical records
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Documentation of your injuries
This triggers a 90-day presuit period during which the provider’s insurer conducts its own investigation.
5. Participate in the 90-Day Presuit Discovery Period
During this mandatory period, both sides engage in informal discovery. This may include:
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Written questions
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Interviews (not formal depositions)
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Requests for additional medical records
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Settlement discussions or voluntary mediation
At the end of the 90 days, the provider must:
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Admit liability,
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Offer to settle,
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Request arbitration, or
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Deny the claim.
If they deny the claim or fail to respond, you can move to the next step.
6. File the Medical Malpractice Lawsuit in Court
Once the presuit period ends, you have 60 days or the remainder of the statute of limitations—whichever is longer—to file the lawsuit.
Your attorney will file a Complaint in the appropriate Florida state court, detailing:
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The allegations
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The injuries
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The damages claimed
This begins the litigation phase.
7. Move Into Litigation, Discovery, and Trial Preparation
After filing the lawsuit, the case proceeds like other civil lawsuits, including:
A. Formal Discovery
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Depositions of doctors, nurses, and experts
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Production of documents
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Written interrogatories
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Subpoenas to hospitals or third parties
B. Expert Testimony
Medical malpractice cases often hinge on expert witnesses who explain:
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What the standard of care required
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How it was violated
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How the violation caused injury
C. Mediation
Most Florida courts require mediation before trial. Many cases settle here.
D. Trial
If the case does not settle, a jury will decide whether the provider was negligent and what compensation is appropriate.
8. Damages You May Recover in a Florida Medical Malpractice Case
Depending on the severity of the injury, patients may recover compensation for:
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Medical bills
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Rehabilitation and future care
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Lost income and reduced earning capacity
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Pain and suffering
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Disability or disfigurement
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Loss of enjoyment of life
Families may also recover wrongful death damages in fatal cases.
9. Why Working With an Experienced Florida Medical Malpractice Attorney Matters
Medical malpractice cases in Florida are some of the most legally technical and medically complex cases in the entire civil justice system.
An attorney helps you by:
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Identifying liable providers
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Gathering and analyzing medical records
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Securing qualified medical experts
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Meeting strict presuit requirements
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Protecting your case from procedural pitfalls
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Maximizing the potential value of your claim
Most malpractice lawyers work on contingency fees, meaning no attorney’s fees unless you win.
Final Thoughts
Filing a medical malpractice lawsuit in Florida requires following strict rules and deadlines. The sooner you consult with an experienced attorney, the stronger your case will be and the easier it is to preserve evidence, obtain expert support, and protect your legal rights.
If you or a loved one suffered harm due to negligent medical care, help is available—and you don’t have to navigate Florida’s malpractice system alone.
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.
