When you walk into a Florida hospital, you expect competent care from trained professionals. Unfortunately, hospital errors can and do occur—and when those mistakes rise to the level of negligence, they may constitute hospital malpractice. If you or a loved one has been harmed by poor care in a Florida hospital, it’s crucial to understand how the law defines malpractice and what legal remedies may be available.
What Is Hospital Malpractice?
Hospital malpractice occurs when a hospital, through its employees or administrative practices, fails to meet the applicable standard of care, resulting in injury or death to a patient. In Florida, hospitals can be held vicariously liable for the negligence of their staff—including nurses, technicians, and sometimes even physicians—if those individuals are employees or appear to act under the hospital’s authority.
Common Examples of Hospital Malpractice in Florida
Hospital malpractice may include:
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Nursing negligence, such as failing to monitor a patient or administer medication properly
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Miscommunication between staff, resulting in delayed or incorrect treatment
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Failure to maintain sterile conditions, leading to preventable infections
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Administrative errors, such as understaffing or faulty medical record-keeping
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Improper discharge, leading to deterioration of the patient’s condition
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Falls or physical injuries caused by poor supervision or lack of restraints
Hospital vs. Physician Malpractice
Florida law distinguishes between hospital malpractice and individual provider malpractice. Hospitals are generally liable for their employees but not for independent contractors, such as many emergency room or on-call physicians. However, under certain circumstances, a hospital can still be liable if it creates the appearance that a doctor is a hospital employee—this is known as apparent agency under Florida law.
Proving Hospital Malpractice in Florida
To succeed in a hospital malpractice claim, a plaintiff must prove:
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The hospital owed a duty of care to the patient;
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The hospital breached that duty by falling below the accepted standard of care;
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The breach caused injury to the patient; and
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Damages resulted from the injury.
Expert witness testimony is typically required to establish the standard of care and how it was violated.
Florida’s Medical Malpractice Pre-Suit Requirements
Florida has strict procedural rules for medical malpractice claims, including:
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Notice of intent to sue under Florida Statutes § 766.106
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A pre-suit investigation, including an expert affidavit of merit
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Statute of limitations, usually two years from the time the malpractice was discovered or should have been discovered
Failing to comply with these pre-suit requirements can result in dismissal of the case.
Sovereign Immunity and Public Hospitals
If the hospital is a public facility, such as a county-owned or state-affiliated institution, claims may be subject to sovereign immunity caps under Florida Statute § 768.28, which limits recoverable damages unless certain exceptions apply.
What Should You Do If You Suspect Hospital Malpractice?
If you believe you or a loved one was harmed by hospital negligence:
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Document everything, including names of staff, dates, and symptoms
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Request a copy of your medical records
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Consult a Florida medical malpractice attorney who understands the complexities of hospital liability and sovereign immunity
Final Thoughts
Hospital malpractice cases in Florida are legally and medically complex. Whether your injury resulted from a nurse’s error, a breakdown in communication, or administrative failure, understanding your rights is the first step toward accountability and compensation.
Need Help with a Hospital Malpractice Case in Florida?
We represent victims of hospital negligence across Florida. Contact us today for a free consultation to discuss your legal options.
Have you or someone you know been injured as a result of hospital 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.
