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Hold them
accountable.
We are Florida Medical Malpractice Lawyers. We don’t take auto accidents or slip-and-falls. We only take medical malpractice cases, and we have recovered for every client we’ve represented from 2015 through 2026.1
1 Based on Florida medical malpractice cases this firm accepted and resolved between 2015 and 2026. Each case was screened under § 766.203 and accepted only after independent physician review. Past results do not guarantee a similar outcome in your case.
Find out in 4 questions whether you have a case.
Other firms drop 80% of malpractice inquiries because the expert affidavit costs $5,000 to $15,000 to file. We front it. But first we screen against Florida § 766.203’s “reasonable grounds” requirement.
32 years asking the same question in Florida courtrooms: what really happened?
When a hospital harms someone you love, the people who know what happened stop talking. Charts get amended. Nurses leave the unit. The hospital’s lawyers move first. For 32 years, Percy Martinez has been the lawyer Florida families call to get the records, the witnesses, and the answers the hospital does not want them to have.
That’s why we accept roughly 1 in 10 inquiries. Florida § 766.203 requires a sworn physician affidavit before any malpractice case can proceed. We get one before we file, not after. If the medicine doesn’t support the claim, we tell you straight. If it does, we go to war for you.
What your case is actually worth.
Florida malpractice damages have two parts: economic (lifetime medical, lost wages, the value of services the patient provided their family) and non-economic (pain, suffering, loss of consortium). Move the sliders to see what a case in your range looks like.
Estimator only. Real numbers come out of records, expert reports, and the case-specific math we run on your first call.The cases we almost settled for less.
Insurers’ first offer is rarely their last. Three recent matters where we said no, and the math behind why.
Hospital’s “best and final” came in at $650K six weeks before trial. Three weeks of testimony later, a unanimous jury awarded $11.2M for failed fetal monitoring during a delayed Cesarean.
Defense counsel offered $1.2M two months pre-trial, citing “comparative fault” of the patient. We declined. Settled for $8.4M after our reconstruction expert showed the wrong-site marking was photographed by the OR tech.
The hospital wrote it off as “delayed reading.” We proved a 6-month gap between the suspicious scan and the patient being told. Punitive damages awarded.
Past results do not guarantee a similar outcome.
We’ve sued them before.
Florida’s hospital systems each have their own defense playbooks, document-retention quirks, and EHR systems. Institutional knowledge accelerates everything, from preservation letters to deposition strategy.
Private health system. Familiar with their incident-report and EHR retention protocols.
For-profit chain. Pattern litigation across staffing-ratio claims.
Catholic-affiliated network. Specialized expertise in OB-GYN and ER cases.
Largest non-profit in S. FL. Strong defense bench, early evidence preservation critical.
Private non-profit. Teaching hospital cases turn on resident-vs-attending oversight records.
Specialty cardiac & oncology. Cases turn on national standard of care.
When the algorithm missed it.
Hospitals now run AI triage on radiology, pathology, and ICU monitoring. When the model misclassifies and a physician relies on it without independent review, that may give rise to a new kind of malpractice claim, and many firms aren’t yet equipped to plead it.
This is an area we actively follow and accept cases in. Florida courts apply the same § 766.102 standard of care to physicians regardless of whether their judgment was assisted by an algorithm. The questions are evidentiary: what did the audit log show, what did the doctor see, and was the deviation from the standard of care reasonable.
These matters sit at the intersection of traditional malpractice (standard of care under § 766.102) and possible product-liability theories against AI vendors. If you believe an algorithm-assisted decision contributed to your harm, call us for a free review.
What clients ask before they call.
Don’t see yours? Free 30-minute phone consultation with Percy, no obligation, no fee, no pressure.
Ask your question →01Why is your acceptance rate only 1 in 10?
Florida § 766.203 requires a sworn physician affidavit before any malpractice case can proceed. Most firms file first and find a doctor later, we get the affidavit first. If the medicine doesn’t support the claim, no amount of legal effort will change that. Saying no early respects your time.
02What’s the deadline to file in Florida?
Two years from the date of the incident, or from when you reasonably should have discovered the harm. Birth-injury claims involving infants extend to the child’s 8th birthday. The statute of repose caps everything at 4 years. Don’t wait, evidence preservation is time-critical.
03What are the damages caps in Florida medical malpractice?
Caps may apply only in voluntary arbitration ($250,000 per claimant under § 766.207, and only if the defendant agrees to arbitrate). No general non-economic cap is currently enforceable in Florida medical malpractice. A new statutory cap in the $200,000 to $300,000 range is being litigated but has not been decided. Economic damages (lifetime medical, lost wages, and the value of services the patient provided their family, including childcare and household support) are uncapped. We argue the cap question on every case.
04Do you handle cases against AI-driven diagnostic tools?
Yes. We accept these cases when the facts support them. The legal theory is traditional malpractice (the physician’s reliance on a model output as a deviation from the standard of care) and, where appropriate, a product-liability theory against the AI vendor. The work turns on audit logs, override records, and timing.
05What does it cost to hire you?
Nothing upfront. Contingency: 33⅓% of recovery before trial, 40% if a lawsuit is filed. If we don’t recover, you owe us zero, including the cost of expert witnesses, which we front.
06Will I have to go to trial?
Most cases settle. But our willingness to take a case to trial, combined with our § 766.203 pre-acceptance screening, is what drives settlement value up. We accept roughly 1 in 10 inquiries, and from 2015 through 2026, we have obtained a recovery for every client we’ve represented. Past results do not guarantee a similar outcome in your case.
Tell us what happened.
A free, confidential conversation with Percy Martinez. We’ll review your records and tell you candidly whether, and how, to move forward.