Not legal or medical advice* This article is general information for Florida families. If a wound is worsening or your loved one has fever, confusion, or severe pain, seek medical care now. For legal advice, speak with a Florida licensed attorney about your facts.
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Where a Florida bed sore case becomes medical malpractice
In Florida, a pressure ulcer case can sit in two lanes. When the claim targets medical care that required professional judgment (for example, hospital nursing care, physician orders, or a facility’s wound care protocol), it usually proceeds under Chapter 766 (medical negligence). That path requires a presuit investigation, a notice of intent to initiate litigation, and a corroborating expert opinion, and it triggers a 90 day investigation window for the defendants. See §766.106 (notice and 90 day process) and §766.203 (presuit investigation and expert corroboration).
When the facts center on nursing home resident rights, think chronic understaffing, missed turns, ignored care plans, or poor documentation in a licensed nursing facility, the claim may proceed under Chapter 400 (Nursing Home Resident’s Rights), which creates a civil remedy for violations. The Florida Senate
Families don’t have to decide the lane on day one. A Florida bedsore lawyer reviews charts, staffing logs, and wound photos to determine whether the case is med mal, a Chapter 400 nursing home case, or both.
What your attorney actually does (and why it matters)
To earn trust, yours and a jury’s, your lawyer builds a meticulous, Florida compliant record. Below is the practical, plain English view of the work.
| What the attorney does | Why it matters in a bed sore case |
|---|---|
| Collects full records: admission, Braden scores, care plans, turning logs, wound charts, WOCN consults, labs, radiology, incident reports, and photos. | Pressure injuries are documented in many places. Gaps or contradictions reveal missed turns, late dressings, or delayed referrals. |
| Sends preservation notices and promptly serves presuit notice (if Chapter 766 applies), starting the 90 day investigation clock and tolling rules. | Keeps evidence from “disappearing,” preserves deadlines, and opens the door to early resolution. The Florida Senate |
| Retains wound care and nursing experts to corroborate negligence and causation before suit. | Florida law requires expert corroboration before filing a med mal case. The Florida Senate |
| Audits off loading and dressing care against orders and standards; compares photos to charted measurements over time. | Shows whether the wound should have improved with consistent turning, nutrition, and infection control. |
| Values damages: medical costs, pain, loss of dignity, disability, and in wrongful death cases, Florida survivors’ claims. | Ensures negotiation numbers reflect the full human and financial impact. |
(Table 1 of 2)
Florida specific guardrails you should know
Florida procedure affects timing and leverage. A good lawyer will explain these at the first meeting in plain terms.
| Florida requirement | What families should expect |
|---|---|
| Notice of intent & 90 day presuit period (Ch. 766). | After notice, defendants have 90 days to investigate; your statute of limitations is tolled during that time. The Florida Senate |
| Presuit investigation & expert corroboration. | Counsel must certify a good faith basis and have an expert opinion that negligence occurred before filing. The Florida Senate |
| Statute of limitations (med mal). | Generally 2 years from when you knew or should have known of the injury, with a 4 year outer limit (longer only for fraud/concealment). |
| Nursing home rights (Ch. 400). | Separate resident rights claims may apply to licensed nursing homes; procedures and remedies differ from med mal. The Florida Senate |
(Table 2 of 2)
Why “board certified” can matter (and what it really means in Florida)
“Board certified” in Florida refers to The Florida Bar’s Board Certification program, formal recognition of special knowledge, skills, and ethics in a field (for example, Civil Trial or Health Law). Many top bed sore lawyers hold Civil Trial certification because these cases often go to trial. Always confirm the lawyer’s exact certification and status with The Florida Bar.
When families search for “the crucial role of a board certified medical malpractice attorney in bed sore litigation,” they’re often looking for two things: deep case building (medical + legal) and proven courtroom skill if negotiations fail. Certification is one credible proxy for both.
Comparing local attorneys, ethically and effectively
Florida rules restrict misleading advertising about “success rates,” so you should compare lawyers using verifiable indicators instead of percentage claims. Ask about representative bed sore results (verdicts/settlements), the precise role the firm played (lead trial counsel or co counsel), expert roster depth, and wound care cases tried in your county. Check The Florida Bar for discipline history and current board certified status. The Florida Bar
You can also look for patterns in public dockets and reported verdicts. Consistent wins in Stage 3 or 4 ulcer cases, especially those involving hospitals or long term acute care, show experience with complex causation and damages.
What a strong Florida bed sore case timeline looks like
Most cases begin with record collection and expert review, move into the presuit investigation and notice phase, then either resolve or proceed to filing after the 90 day window. Because statutes of limitations are unforgiving, the best time to involve counsel is as soon as you suspect preventable injury.
What you can do this week
Start a private wound journal that tracks dates, turns, dressing changes, nutrition notes, and new symptoms. Gather discharge summaries and any photos you already have. Then schedule a free case review. We’ll explain if your facts point to Chapter 766, Chapter 400, or both, and what the next 30 to 90 days will look like in Florida.
Florida FAQs
Do I need a “medical malpractice” lawyer or a “nursing home neglect” lawyer in Florida? Bring your facts to one consult. Many Florida plaintiff firms handle both med mal and Chapter 400 claims and will place your case in the right lane after reviewing records. The Florida Senate
What experts does a lawyer use in a bed sore case? Commonly a wound care nurse (WOCN), a physician (such as plastic surgery or infectious disease for causation), and a life care planner for damages. For Chapter 766 claims, an expert must corroborate negligence before filing. The Florida Senate
How long do I have to sue? Med mal claims are generally 2 years from discovery with a 4 year repose (and narrow exceptions). Nursing home claims have different rules; talk to counsel promptly to protect your deadlines.
How do fees work? Florida uses contingency fee contracts with specific disclosures and client rights. Your attorney will explain the required Bar forms and any case specific caps or waivers at intake.
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