Table of Contents
Who Counts as a “Healthcare Professional” Under Florida Law?
Chapter 456 defines a health care practitioner as anyone licensed under the 30 plus practice acts governing medicine, nursing, dentistry, pharmacy, chiropractic, optometry, and more. Chapter 766 extends malpractice rules to those practitioners when care deviates from the prevailing standard and causes harm. That reach means a radiologist who misreads a scan, a pharmacist who dispenses the wrong dosage, or a physical therapist who injures a post op knee all answer under one procedural playbook, an advantage Percy Martinez exploits by keeping specialty matched experts on retainer.
Malpractice Standard vs. Professional Licensing Violations
A malpractice claim asks whether a reasonably prudent peer would have acted differently, while the Department of Health disciplines licenses for statute breaches such as inadequate records or unsterile technique. Evidence of a licensing violation bolsters negligence but is not required, so our firm files parallel DOH public records requests to uncover prior complaints that sway insurers and juries without delaying the civil suit.
Presuit Notice and Expert Affidavit: Florida’s 90 Day Filter
Before suing any healthcare professional, patients must mail a detailed presuit notice and an expert’s sworn opinion, then wait up to 90 days for the defendant to investigate. That notice tolls statutes of limitation while talks unfold, yet missing medical record authorizations under §766.1065 voids the filing. Percy Martinez obtains complete charts within 30 days and serves electronic notices the same day experts sign, eliminating clerical pitfalls that sink many pro se and inexperienced counsel cases.
Vicarious Liability: When Hospitals Pay for Independent Clinicians
Florida’s courts apply vicarious liability and apparent authority doctrines when hospitals present independent physicians or nurse anesthetists as staff, enabling patients to collect from deep pocket institutions even if the individual lacks insurance. Our discovery subpoenas credentialing files, shift rosters, and marketing materials to prove the facility positioned the professional as its agent, a tactic that secured a recent seven figure settlement from a Tampa trauma center after a travel nurse’s dosage error.
Deadlines and the Four Year Repose Clock
Victims have two years from discovery to sue any healthcare professional and never more than four years from the act itself, with a seven year fraud extension for concealed errors. The 90 day presuit period and voluntary mediation pause both clocks, but a 12 year product repose still cuts off device related claims against institutional defendants. Percy Martinez files notices within 48 hours of expert review, locking in tolling and preventing statute surprises.
Damages, Liens, and Clean Revenue After Caps Fell
Florida’s Supreme Court struck down statutory caps in 2017, restoring full noneconomic recovery against practitioners and facilities alike. Verdicts can now exceed eight figures, yet Medicaid, Medicare, and health plan liens can devour awards. Our finance team logs every lien notice, negotiates reductions, and structures payouts so families keep more cash and withstand insurer audits.
Percy Martinez: One Team for Every Professional Defendant
Whether the target is a Miami surgeon, an Orlando pharmacist, or a Jacksonville imaging center, Percy Martinez deploys a bilingual strike team: board certified experts in each discipline, data analysts who model lifetime costs, and litigators who have tried 250+ malpractice cases. We advance all costs, drop success fees by five percent if the case settles pre trial, and give clients 24/7 portal access, proving leadership through transparency and shared risk.
Your Next Step: Free 30 Minute Professional Malpractice Audit
Upload your records or call 305-529-0001. Within one business day our nurses flag breaches, our attorneys map deadlines, and you leave with an action plan: no fee unless we win. Serving patients across Miami, Tampa, Orlando, Tallahassee, and every Florida county, Percy Martinez turns healthcare failures into financial justice.
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