The risk of suffering unnecessary complications due to medical malpractice is a concern for patients and families across Florida. While all healthcare providers have a duty to ensure that they provide a professional standard of care, providers fall well below this standard far too often. This leaves patients and families struggling to cope with the consequences—and needing to effectively assert their legal rights.

If you or a loved one has experienced medical malpractice in Florida, it is important that you speak with a lawyer about filing a claim. You may be entitled to significant financial compensation.

10 Frequently Asked Questions (FAQs) About Medical Malpractice Claims Against Doctors, Hospitals and Other Healthcare Providers

Do you have a medical malpractice claim in Florida? Here are the answers to 10 frequently asked questions (FAQs) about medical malpractice claims against doctors, hospitals and other healthcare providers:

1. When Can I File a Medical Malpractice Claim in Florida?

You can file a medical malpractice claim in Florida when a healthcare provider fails to meet the requisite standard of care. In most cases, this means failing to provide the level of care that other medical professionals would provide in similar circumstances. Some of the most common forms of medical malpractice include diagnostic errors, medication errors and errors during surgery.

2. Where Do I File a Medical Malpractice Claim in Florida?

In most cases, you will need to file your medical malpractice claim with the provider’s insurance company. Doctors, hospitals and other healthcare providers typically have insurance that covers medical malpractice claims. When you hire a medical malpractice lawyer to represent you, your lawyer will present the evidence to your provider’s insurance company, negotiate for a favorable settlement and then take the insurance company to court if necessary.

3. What Does it Take to Prove Medical Malpractice?

Proving medical malpractice requires evidence of the provider’s failure to meet the requisite standard of care. This is usually in the form of a written report prepared by a medical expert who has thoroughly examined the circumstances surrounding your (or your loved one’s) care. You also need evidence of the consequences of the provider’s malpractice. Medical records, employment records and documentation of the day-to-day effects of your (or your loved one’s) condition will all be important for proving your right to just compensation.

4. How Much Do Medical Malpractice Lawyers in Florida Charge?

Most medical malpractice lawyers (including ours) do not charge any fees or costs out of pocket. Instead, we provide representation on a contingency fee basis. This means that you only pay if you win, and if you win, our fees will be calculated as a percentage of your financial recovery.

5. What Factors Should I Consider When Choosing a Medical Malpractice Lawyer?

When choosing a medical malpractice lawyer, it is important to consider the lawyer’s experience representing patients and families in circumstances similar to yours. Proving a medical malpractice claim isn’t easy, so relevant experience is critical. You will want to choose a lawyer who has helped numerous clients recover just compensation for the costs of their healthcare providers’ malpractice.

6. What Damages Are Available for Medical Malpractice in Florida?

Florida law allows patients and families to recover financial compensation for all forms of financial and non-financial loss resulting from medical malpractice. This includes current and future medical expenses, loss of income and benefits, prescriptions and other out-of-pocket costs, emotional trauma, pain and suffering, loss of consortium and companionship, and loss of enjoyment of life.

7. Is There a Limit on How Much I Can Recover for Medical Malpractice?

There is no limit on how much you can recover for the current and future financial costs of medical malpractice. While Florida has a statute that limits practitioners’ liability for non-financial costs to $500,000, the Florida Supreme Court called the constitutionality of this statute into question in 2023.

8. How Long Do I Have to File a Medical Malpractice Claim in Florida?

In most cases, you have two years to file a medical malpractice claim under Florida law. This two-year limitations period typically runs from the date of the malpractice or from the date that you reasonably should have discovered the malpractice. But there are some exceptions, and, in any case, it is important that you discuss your legal rights with an attorney as soon as possible.

9. What is the First Step for Filing a Medical Malpractice Claim in Florida?

The first step for filing a medical malpractice claim in Florida is to speak with an experienced medical malpractice attorney. Your initial consultation at Searcy Denney is completely free and confidential. Our attorneys can help you understand your situation, and we can help you make an informed decision about whether it is worth filing a claim. If you decide to move forward, we will represent you on a contingency fee basis, and we will work to recover just compensation on your behalf as efficiently as possible.

10. Do I Need to Hire a Florida Medical Malpractice Lawyer?

Strictly speaking, you do not need to hire a Florida medical malpractice lawyer to represent you. If you want to, you can try to handle your situation on your own. However, practically speaking, hiring an experienced lawyer is the only way to effectively assert your legal rights. There are specific steps you need to take to protect your legal rights, and you must be able to deal with the provider’s insurance company effectively. Hiring a lawyer costs nothing out of pocket, and it is the best way to maximize your chances of recovering just compensation.

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