Can You Sue for Malpractice in Florida?

When faced with the devastating consequences of medical negligence, understanding your rights becomes critical. At MANEY | GORDON Trial Lawyers, we have a proven track record of guiding Floridians through the complexities of malpractice lawsuits. If you're asking, "Can you sue for malpractice in Florida?", you're not alone. Let's break it down step-by-step to help you make informed decisions about pursuing justice.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to meet the standard of care expected in their profession, resulting in harm to a patient. This could involve misdiagnosis, surgical errors, medication mistakes, or failure to diagnose a condition altogether. Unlike general negligence, medical malpractice requires proving that the harm was a direct result of the provider's actions—or lack thereof.

At MANEY | GORDON Trial Lawyers, we’ve represented clients in a wide array of malpractice cases, from surgical errors to delayed diagnoses, and we’ve recovered hundreds of millions in compensation for those who’ve suffered due to medical negligence.

The Legal Basis for Suing in Florida

Florida law allows victims of medical malpractice to seek compensation, but the process is rigorous. To file a lawsuit, you must establish that:

1. A doctor-patient relationship existed.
2. The healthcare provider failed to uphold the standard of care.
3. The negligence directly caused your injury.
4. You sustained measurable damages (e.g., additional medical costs, lost wages, or emotional suffering).

The burden of proof is high, but with MANEY | GORDON Trial Lawyers at your side, you’ll have experienced trial attorneys committed to building a strong case tailored to your specific circumstances.

Florida’s Medical Malpractice Statute of Limitations

One of the most critical aspects of any malpractice lawsuit is timing. Florida law generally requires you to file a medical malpractice lawsuit within two years of discovering the injury. However, there are nuances:

• Discovery Rule: The clock starts ticking when the injury is, or should have been, discovered.
• Statute of Repose: Claims cannot be filed more than two years from the date of the alleged malpractice, except in cases of fraud, concealment, or misrepresentation.

Navigating these legal deadlines can be daunting, but failing to act promptly may forfeit your right to compensation. MANEY | GORDON Trial Lawyers ensures your case is filed accurately and on time.

Frequently Asked Questions About Medical Malpractice in Florida

Can You Sue for Malpractice in Florida if You Signed a Consent Form?

Yes. Signing a consent form does not waive your right to sue if the provider acted negligently. Consent forms acknowledge known risks, but they do not excuse errors stemming from medical negligence.

What Damages Can Be Recovered in a Malpractice Lawsuit?

Victims may recover compensation for economic damages (medical bills, lost wages) and non-economic damages (pain and suffering). Florida law caps non-economic damages in some cases, but recent legal changes may affect these limits. For more information, request a free consultation with our legal experts today.

What Is “Med Mal,” and How Does It Differ from General Negligence?

“Med Mal” refers specifically to medical malpractice. Unlike general negligence, it involves proving a breach of the professional standard of care, requiring expert testimony to substantiate claims.

Why Choose MANEY | GORDON Trial Lawyers for Your Malpractice Case?

Choosing the right legal team can profoundly impact the outcome of your case, and it’s no wonder why Floridians trust MANEY | GORDON Trial Lawyers. Our team is known for recognized excellence, with several of our attorneys honored as Best Lawyers® Award recipients, an accolade determined by peer evaluations. Leading our firm is Jack Gordon, our managing partner, who was inducted into Florida Trend’s Legal Elite Hall of Fame in 2023, a testament to his outstanding contributions to the legal field. When you choose MANEY | GORDON Trial Lawyers, you’re partnering with a team committed to protecting your rights and pursuing justice with passion, precision, and unmatched expertise.

How to Initiate a Medical Malpractice Lawsuit in Florida

Starting a malpractice lawsuit requires several steps:

1. Pre-Suit Investigation: Florida law mandates a pre-suit investigation to confirm the validity of your claim. This includes obtaining expert affidavits.
2. Filing a Notice of Intent: Before suing, you must notify the healthcare provider of your intention to file a claim. This triggers a mandatory 90-day investigation period.
3. Filing the Lawsuit: After the pre-suit requirements are met, your lawsuit can be formally filed in court.

MANEY | GORDON Trial Lawyers handle every detail of this process, ensuring compliance with Florida’s stringent legal requirements.

Locations We Serve

MANEY | GORDON Trial Lawyers proudly serves clients throughout Florida, including Tampa, Clearwater, St. Petersburg, Palm Harbor, Carrollwood, and surrounding cities. Wherever you are in the state, our team is ready to provide the personalized legal support you deserve.

Can You Sue for Malpractice in Florida? Let Our Attorneys Be Your Guide

If you’re wondering, “Can you sue for malpractice in Florida?”, the answer lies in taking the first step toward justice. At MANEY | GORDON Trial Lawyers, we understand the pain and frustration caused by medical negligence. Let us fight for the compensation you deserve. Call us today for a free consultation.