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Medical malpractice
cases we handle in Florida.
These eight categories cover most of the Florida medical malpractice cases we see. Every case we accept is reviewed by a doctor before we file it. We take catastrophic-injury cases only.
Not every bad outcome is malpractice. These are the case types where a physician-reviewed chart often shows whether the provider crossed the line.
Tell us in a few words. We’ll route you to the right practice area below, or, if your situation doesn’t fit, straight to a free 15-minute call.
Cases we screen for.
For each case type: what usually went wrong, and the records we review to know whether the standard of care was crossed. Click any card to begin a screen for that case type.
Birth Injury
A birth-injury claim almost always traces back to one of three breaches: an OB who waited too long to call a C-section once fetal heart-tones turned non-reassuring, a labor nurse who didn’t escalate a deteriorating tracing up the chain of command, or a delivery team that mishandled shoulder dystocia or vacuum extraction. We pull the full electronic fetal monitoring strip and rebuild the timeline minute-by-minute, what category the tracing fell into, when the physician was actually paged, and how long the decision-to-incision interval ran. Florida’s statute extends to the child’s eighth birthday on these claims, but neonatal records degrade fast and key witnesses rotate out of the unit. The cases we file involve permanent harm: cerebral palsy, hypoxic-ischemic encephalopathy, brachial plexus injury, or maternal death, never bruising or routine forceps marks.
Surgical Error
Surgical malpractice is rarely a “slip of the knife.” It is almost always a systems failure that the OR’s own paperwork records: a time-out skipped or rushed, an instrument count that closed without reconciling, a wrong-site marking obscured by drapes, or an attending who left a fellow to close. We start with the OR photographic log and the anesthesia record, because those two artifacts timestamp every event in the room down to the minute. From there we reconstruct who was present, when the count was performed, and whether the post-op imaging the surgeon ordered actually got read before the patient was discharged. Cases we accept involve real harm, perforations, retained foreign bodies, wrong-site procedures, post-op infection from breached sterile technique, not cosmetic dissatisfaction or known surgical risks fully disclosed in the consent.
Misdiagnosis & Delayed Diagnosis
Diagnostic error is the single largest source of catastrophic medical harm in the United States, and it is also the hardest type of malpractice to prove because the breach is what the doctor didn’t do. The chart will read clean. We build these cases by pulling the full differential, what the physician said they were considering on day one, and lining it up against what tests they actually ordered. A radiologist who notes “cannot rule out malignancy, recommend follow-up MRI” creates a duty that the ordering physician either discharged or ignored. We then audit the PACS system for read times, addenda, and amended reports. The cases that win are not “the doctor missed it” cases. They are “the doctor was on notice and did nothing” cases. Cancer, pulmonary embolism, sepsis, and meningitis are the diagnoses that, when delayed, change the patient’s prognosis from curable to terminal. Cardiac and stroke misdiagnosis cases live in their own section below.
Hospital Negligence
Hospital-negligence cases are systemic. The defendant is not one rogue physician. It is the institution’s decision to run a unit at 1:8 nurse-patient ratios on a med-surg floor where the standard is 1:5, or to mark a patient as “fall precautions” without actually moving them to a low bed with a chair alarm. We obtain staffing grids and acuity scores by subpoena, then cross-reference them against the incident report, the call-bell log, and the rounding documentation. Hospital-acquired pressure injuries, in-patient falls with fracture, hospital-acquired infections from breached protocol, and rapid-response failures all live here. Florida is one of the harder states in which to sue a public hospital because of sovereign-immunity caps under § 768.28. We will tell you on the first call whether your hospital is a “public” defendant and what that means for recoverable damages.
Emergency Room Malpractice
Most ER cases we accept involve one of two failures: a triage nurse assigned an Emergency Severity Index level that didn’t match the chief complaint, or an attending discharged the patient before the workup was complete because the department was on diversion and beds were needed. The chart artifact that proves the case is the vital-sign trend, a patient discharged with a tachycardia and a fever they walked in with is a patient who was never reassessed. We also screen for EMTALA violations, which open up federal claims and uncapped damages. Sepsis, dissection, ectopic pregnancy, MI, stroke, and pediatric meningitis are the chief complaints that, when missed in the ED, kill people within hours. If your loved one was sent home from a Florida emergency department and died or coded within forty-eight hours, that is the call we want.
Medication & Pharmacy Errors
Medication-error cases turn on the electronic medication administration record (eMAR) and the pharmacy fill log. A nurse who scans a barcode and overrides the alert, a pharmacist who fills the wrong concentration, a prescriber who fails to reconcile a known allergy: each leaves a digital fingerprint. The decimal-point overdose in a pediatric ICU, the heparin-instead-of-saline flush, the methadone filled at ten times the prescribed strength. These cases are unwinnable for the defense once the audit log is preserved, and almost impossible to bring after the system’s 90-day retention window closes. We send a litigation hold the day we accept the case. Outpatient pharmacy claims add a second defendant (the chain), and Florida treats pharmacist liability differently from physician liability under § 766, which we will walk you through.
Anesthesia Errors
Anesthesia is the most heavily monitored specialty in medicine, which means the chart is unusually rich and the breach is unusually clear. We focus on three windows: induction, maintenance, and emergence. Awareness under general anesthesia traces to under-dosing during maintenance and shows up as a flat BIS line that the CRNA didn’t address. Hypoxic injury during induction shows up as a sustained drop in EtCO₂ that wasn’t treated for several minutes. Dental and laryngeal injuries from intubation show up as multiple attempts logged before a successful tube. We pair the anesthesia record with the OR’s circulating-nurse log to catch any minute that “doesn’t add up” between the two. Those minutes are usually where the breach lives. Cases we file involve permanent harm: hypoxic brain injury, vocal-cord paralysis, dental destruction requiring full reconstruction, or death.
Cardiac & Stroke Misdiagnosis
Heart attack and stroke are time-sensitive emergencies. Every minute a diagnosis is delayed costs heart muscle or brain tissue that does not come back. The cases we accept turn on documented chest-pain or neurological complaints that were sent home, dismissed as anxiety, or worked up too slowly to matter. We pull the triage note, the EKG and its read time, the troponin trend, and the door-to-balloon or door-to-tPA interval, then we line them up against the standard of care for that presentation. A patient discharged with an unread or misread EKG, a tPA window missed because a CT was delayed, or a posterior-circulation stroke misdiagnosed as a migraine are the chart patterns we file on. Cases we accept involve permanent harm or death: cardiac arrest after discharge, hemiplegia, aphasia, locked-in syndrome, or wrongful death.
We are medical malpractice only.
Saying no early respects your time. If your matter is on this list, we will tell you on the first call and route you to a firm that handles it.
Recent recoveries across our practice.
Tell us in your own words.
You don’t need to know the legal category. Write what happened, a sentence is fine, and we’ll route you to the right screener and a 15-minute call with our intake attorney.
Confidential. No obligation. Most replies arrive within four business hours.
The 72-hour physician review.
The same four steps run on every case, regardless of which category it falls into. The difference is which specialty the reviewer holds.
What clients ask before they call.
Eight broad questions that come up across every practice area. Specialty-specific questions live on each spoke page.
Begin a case review →01Do you handle all types of medical malpractice?
No. We are a malpractice-only firm and we screen cases on top of that. We don’t take auto accidents, slip-and-falls, workers’ comp, or product-liability matters that aren’t tied to a physician’s negligence. Within malpractice, we accept catastrophic-harm cases, permanent disability, wrongful death, or major lifetime-care needs, and decline cases involving brief recovery or minor outcomes, regardless of how clear the breach is.
02Why is your case-acceptance rate so low?
Florida § 766.203 requires a sworn physician affidavit before any malpractice case can be filed. We get the affidavit before we file, not after. If a board-certified physician in the relevant specialty cannot attest under oath that the standard of care was breached and caused the harm, no amount of legal effort will change the outcome. About 1 in 10 inquiries clear that bar.
03How long do I have to file?
Two years from the date of the incident, or from when you reasonably should have discovered the harm, whichever is later. The statute of repose caps everything at four years. Birth-injury claims involving a child extend until the child’s eighth birthday. Sovereign-immunity claims against state-employed providers have a separate three-year notice requirement under § 768.28(6).
04What is the $750K cap and does it apply to my case?
Florida’s 2025 non-economic damages cap is $750,000 per claimant against practitioners. Economic damages, lifetime medical care, lost earnings, future care needs, are uncapped. The cap also has carve-outs for catastrophic injury and for federal claims. We run the math on your specific facts on the first call.
05Do I have to pay anything upfront?
No. We work on contingency: we only get paid if we recover for you. We front the costs of expert witnesses, depositions, and trial preparation, which on a complex malpractice case can run between $75,000 and $250,000. If we don’t recover, you owe us nothing.
06How do I know if my case is one of these eight categories?
You don’t need to know. Tell us what happened in plain language and we’ll route it. The categories above cover most of the Florida medical malpractice cases we see. If your case falls outside them, radiology, dental, podiatry, ophthalmology, or a complex multi-defendant matter, we will tell you on the first call and either accept it or refer you to a firm that handles that specialty.
07What does “physician-reviewed before we file” actually mean?
Every case we accept is reviewed by a board-certified physician in the relevant specialty before a complaint is filed. We have standing relationships with reviewers in OB-GYN, surgery, anesthesia, internal medicine, emergency medicine, and radiology. The reviewer reads the chart, talks to us, and signs the affidavit only if the medicine supports the claim.
08Will my case go to trial?
Most cases settle. Our willingness to take a case to verdict, combined with our § 766.203 pre-acceptance physician screening, is what drives settlement value up. From 2015 through 2026, we have obtained a recovery for every client we represented. We tell every client on day one to prepare for trial; the settlement is what happens when the defense decides they would rather not. Past results do not guarantee a similar outcome in your case.
Tell us what happened.
A free, confidential conversation. We’ll review the records and tell you candidly whether, and how, to move forward.