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Who Really Gets Sued First and Why It Matters
In Florida, individual physicians appear on nearly six of every ten closed malpractice claims, making them the most common defendants, while hospitals comprise just seven percent of the insured market, reflecting how often doctors practice as nominal “independent contractors.” Patients should not be fooled: hospitals still pay when they cloak doctors with apparent authority, supply staff credentials, or profit from the procedure, so Percy Martinez immediately audits corporate bylaws and advertising to lock in that agency link before formal suit.
Doctors Carry the First Line of Liability: Here’s the Proof
Florida’s Office of Insurance Regulation reports that physicians generated the majority of the state’s 3,651 closed claims in 2023, and surgical and diagnostic errors led the complaint list. Specialties with invasive procedures: orthopedics, obstetrics, and general surgery draw the highest premiums and verdicts because complications are visible and catastrophic. Percy Martinez’s medical advisory board cross matches operative notes with nationally recognized standards to establish how a single mis step breached duty and triggered cascading losses.
Hospitals: Smaller Slice of Claims, Outsized Share of Payouts
Even if a physician bills separately, Florida juries routinely assign hospitals a large percentage of fault once Percy Martinez proves vicarious liability under the “apparent agency” doctrine, recognized in cases like Shands Teaching Hospital v. Julianna. Courts also find direct negligence when credentialing committees grant privileges to doctors with red flag histories or understaff critical units, as seen in the West Florida Regional Medical Center v. See ruling. That dual exposure pushes insurers to settle early, ensuring clients receive funds for rehabilitation without the delay of trial.
| Liable Party | Share of Insured Risk (2023) | Common Allegation |
|---|---|---|
| Physicians | 57% | Surgical error, misdiagnosis |
| Other Professionals | 19% | Medication and monitoring mistakes |
| Hospitals | 7% | Apparent agency & credentialing failures |
| Other Facilities | 17% | Inadequate staffing & policy breaches |
Which Specialties and Settings See the Most Lawsuits?
Statewide insurance filings confirm that surgeons face the highest volume of claims, followed by obstetricians and emergency physicians, while misdiagnosis represents 32 percent of all allegations regardless of specialty. Teaching hospitals and large urban centers, particularly Miami Dade, Broward, and Hillsborough, generate the heaviest caseload because they handle complex procedures and higher patient throughput. Percy Martinez maintains localized experts in each metro to anchor venue specific standards of care and boost jurisdictional credibility.
Public Hospitals & Sovereign Immunity: Liability Caps Still Apply
When malpractice occurs at a county owned hospital or state university clinic, Chapter 768.28 caps damages at $200,000 per claimant unless the Legislature votes to pay more, a process called a claims bill. Percy Martinez counters that hurdle by suing individual practitioners jointly and documenting policy or training failures that pierce immunity through federal claims or constitutional arguments, often raising the effective recovery far beyond the statutory ceiling.
From Chart Review to Verdict: How Our Free Legal Audit Finds Every Liable Party
Within 48 hours of signing, Percy Martinez’s team secures certified medical records, hospital bylaws, employment agreements, and reports to map every potential defendant and preserve electronic trail data before providers can purge logs. We then deliver a written liability matrix, projected damages range, and settlement timeline free of charge so families understand where compensation will come from and how long it will take. This proactive audit not only locks down evidence but also pressures insurers to negotiate, accelerating payouts for ongoing care while keeping legal fees entirely contingency based.
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