Florida medical
malpractice
lawyer.

Florida § 766.102 defines medical malpractice as a breach of the prevailing professional standard of care by a health-care provider that causes injury to a patient. The “prevailing professional standard” is what a reasonably prudent similar provider would have done under similar circumstances. A bad outcome alone is not malpractice, there must be a breach.

You don’t. That’s our job. The threshold question is whether a board-certified physician in the relevant specialty will sign a sworn § 766.203 affidavit attesting that the standard of care was breached and caused the harm. Of the inquiries we receive, an estimated one in ten clears that bar. Tell us what happened and we’ll find out.

Nothing upfront. We work on contingency: 33⅓% of recovery before a lawsuit is filed, 40% after. If we don’t recover, you owe us zero.

We front the full cost of expert witnesses, depositions, court reporters, and trial preparation, typically $75,000 to $250,000 on a complex case.

Two years from the date of incident or from when you reasonably should have discovered the harm, whichever is later. The absolute statute of repose is four years.

Birth-injury claims involving a child extend to the child’s eighth birthday. Sovereign-immunity claims against state-employed providers require notice within three years under § 768.28(6).

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 care, lost earnings, future care needs, and the value of services the patient provided their family, are uncapped. We argue the cap question on every case.

Section 766.203 of the Florida statutes requires that, before any malpractice case can be filed, a board-certified physician in the relevant specialty must sign a sworn affidavit stating there are reasonable grounds to believe the standard of care was breached. We obtain the affidavit before we file, not after. Most firms file first and find a doctor later, that’s how cases get dismissed.

After § 766.106 notice is served, both sides have 90 days to investigate informally. The defendants must respond with one of three positions: rejection, offer to admit liability and arbitrate damages, or offer to settle.

Most cases that resolve quickly resolve in this window. The clock on the statute of limitations is tolled during presuit.

No. Public hospital districts, the VA, military hospitals, and county facilities are protected by sovereign immunity. Federal sovereign immunity governs VA and military cases; Florida § 768.28 caps damages against state and local public defendants at $200,000 per claimant absent a legislative claims bill.

The economics do not work for the catastrophic cases we accept. If your case is against a public defendant, we will tell you on the first call and refer you to a firm that handles them.

Probably not. Most cases settle during discovery or mediation, and that is the goal: maximize value, then resolve.

What drives settlement value up is the firm’s willingness to take cases to verdict, paired with the § 766.203 pre-acceptance physician screening. Across the Florida medical malpractice cases this firm accepted and resolved between 2015 and 2026, we have obtained a recovery for every client we represented. Past results do not guarantee a similar outcome in your case.

None. We obtain records under HIPAA, even if you have nothing in hand. If you do have records, photographs, voicemails from the provider, or insurance correspondence, bring them, but don’t delay calling because you’re still gathering paperwork.

No. Medicine has known complications and bad outcomes happen even when the standard of care is met. That’s why the four elements exist: duty, breach, causation, damages.

Without breach, there is no case, regardless of how devastating the outcome.

Informed consent waives only the known, disclosed risks of a procedure performed correctly. It does not waive your right to sue if the provider performed below the standard of care. A consent form is rarely a complete defense.

Yes. We accept these cases when the facts support them. The legal theory is traditional malpractice against the physician (their 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.

A wrongful-death malpractice claim under § 768.21 is brought by the estate on behalf of statutory survivors, typically spouse, children, parents. The damages framework differs from a personal-injury claim: lost support and services, loss of companionship, and the survivors’ mental pain and suffering.

Yes. The first call is free, confidential, and unhurried. Most callers don’t know whether they have a case, that’s what the call is for. We’ll either tell you we want to pull records, or we’ll tell you why we don’t think it’s a malpractice claim and route you to the right kind of help.

Yes. The economics of malpractice litigation in Florida, expert costs, multi-year timelines, make smaller cases unworkable for any firm willing to be honest about it. We accept cases involving permanent disability, major lifetime-care needs, or wrongful death.

Harder. Florida’s presuit requirements, the 2025 cap, sovereign-immunity rules, and a defense bar funded by some of the largest hospital systems in the country make Florida one of the more challenging states to bring a malpractice claim. That’s why specialization matters.

English and Spanish. Our intake team is fully bilingual; trial work can be conducted in either language with a court interpreter when needed. Hablamos español.