How to File a Lawsuit for Medical Malpractice in Florida
When we seek medical care, we trust doctors, nurses, and hospitals to provide safe and effective treatment.
Unfortunately, mistakes happen, and sometimes those mistakes cause serious harm.
If you or a loved one has been injured due to medical negligence in Florida, you may be entitled to pursue a medical malpractice lawsuit. Filing such a case is not simple, but understanding the process can help you take the right steps toward justice and compensation.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare professional fails to provide the standard of care that a reasonably competent provider would have offered in similar circumstances. Common examples include:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication errors
- Birth injuries
- Failure to obtain informed consent
If these errors lead to injury, illness, or worsening of a condition, you may have grounds for a malpractice claim.
Step 1: Confirm Eligibility
Not every bad medical outcome is malpractice. To file a lawsuit in Florida, you must prove that:
- A healthcare provider owed you a duty of care.
- That provider breached the duty through negligence.
- The negligence directly caused your injury.
- You suffered measurable damages (medical bills, lost wages, pain and suffering, etc.).
An experienced attorney can review your case to determine if these elements apply.
Step 2: Obtain Medical Records
Gathering medical records is essential. These documents help establish what went wrong and when. Your attorney will request these records and often consult independent medical experts to review them.
Step 3: File a Notice of Intent
Florida law requires a Notice of Intent to Initiate Litigation before filing a malpractice lawsuit. This written notice is sent to the healthcare provider(s) you believe were negligent. Once served, the provider and their insurer have 90 days to investigate and respond.
During this time:
- The provider may admit liability and attempt settlement.
- They may deny liability.
- Or they may do nothing, which allows you to proceed with the lawsuit.
Step 4: Conduct a Pre-Suit Investigation
Florida law also requires a medical expert affidavit supporting your claim. This means a qualified medical professional must review your case and confirm there are reasonable grounds to believe malpractice occurred. This safeguard is designed to prevent frivolous lawsuits.
Step 5: File the Lawsuit
If the case does not resolve during the pre-suit period, you may file a formal lawsuit in civil court. Your attorney will draft and file a complaint outlining the allegations, injuries, and damages you are seeking.
Step 6: Discovery and Trial
Once the case is filed, both sides exchange evidence and take depositions during a process called discovery. Often, cases settle before trial, but if not, your attorney will present your case in court to a judge or jury.
Florida’s Statute of Limitations
Timing is crucial. In Florida, medical malpractice lawsuits must generally be filed within two years of discovering the injury (or when you reasonably should have discovered it). In no case may a lawsuit be filed more than four years after the malpractice occurred, except in rare cases involving fraud or concealment.
Why You Need an Experienced Attorney
Medical malpractice cases are some of the most complex in personal injury law. They require deep knowledge of both medicine and Florida’s legal system, as well as access to expert witnesses who can testify on your behalf. Without an experienced attorney, it can be nearly impossible to navigate the strict deadlines and requirements.
Get Help From The Nation Law Firm
At The Nation Law Firm, we understand how devastating medical negligence can be. Our attorneys fight tirelessly to hold healthcare providers accountable and to secure compensation for victims and their families.
If you believe you have a medical malpractice claim, contact us today for a free case evaluation. We’ll review your case, explain your options, and guide you through every step of the process.
Mark A. Nation is Board Certified in Civil Trial Law, and also in Business Litigation Law by the Florida Bar. Although there are over 100,000 attorneys in Florida, less than 100 hold these two Board Certifications.
