Medical Malpractice in Florida: Protecting Your Rights

Medical malpractice is a term that stirs fear and uncertainty, and for good reason. When trusted healthcare providers fail to meet professional standards, the consequences can be life-altering. At MANEY | GORDON Trial Lawyers, we are deeply committed to holding negligent medical professionals accountable while helping victims and their families seek justice.

This comprehensive guide on medical malpractice in Florida outlines your rights, explains critical legal processes, and highlights how MANEY | GORDON Trial Lawyers differentiates itself in this complex field. With decades of experience and a proven track record of success, we have recovered hundreds of millions in compensation for our clients.

Understanding Medical Malpractice in Florida

In Florida, medical malpractice refers to instances where healthcare providers fail to adhere to the “prevailing professional standard of care.” This means their actions—or lack thereof—did not meet the standard reasonably expected of similar professionals in similar circumstances.

Key Elements of Medical Malpractice Cases in Florida

To prove a medical malpractice claim in Florida, you must establish the following:

1. Duty of Care: The healthcare provider owed you a duty to meet professional medical standards.
2. Breach of Duty: The provider’s actions deviated from the accepted standard of care.
3. Causation: The breach directly caused your injury.
4. Damages: You suffered actual harm—physical, emotional, or financial.

Florida’s Unique Medical Malpractice Laws

Florida law has intricate provisions that govern medical malpractice cases. Here’s a breakdown:

Pre-Suit Investigation

Before filing a medical malpractice lawsuit in Florida, you must:

• Obtain a written expert opinion validating the claim.
• Notify the prospective defendant(s) with details of your claim and intent to litigate.
• Allow a 90-day waiting period for the defendant or their insurer to investigate the claim.

These steps are designed to minimize frivolous lawsuits and expedite meritorious claims.

Good Samaritan and Emergency Service Protections

Under Florida’s Good Samaritan Act, medical professionals providing emergency care outside of regular medical settings are generally immune from civil liability unless they act with reckless disregard for patient safety.

Caps on Noneconomic Damages

Although past laws capped noneconomic damages (e.g., pain and suffering), the Florida Supreme Court ruled these caps unconstitutional in cases involving wrongful death. However, limits may still apply in specific cases, such as those involving Medicaid recipients.

Common Medical Malpractice Claims

Medical malpractice in Florida takes many forms, including but not limited to:

• Misdiagnosis or Delayed Diagnosis: Failure to correctly identify a medical condition in time for effective treatment.
• Surgical Errors: Operating on the wrong site, leaving foreign objects in the body, or causing unnecessary harm.
• Birth Injuries: Trauma to a baby or mother during delivery, often due to negligence.
• Medication Errors: Prescribing incorrect dosages or failing to check for harmful drug interactions.
• Negligent Emergency Room Care: Recklessness during urgent, life-saving situations.

Why Choose MANEY | GORDON Trial Lawyers?

When navigating the complexities of medical malpractice cases in Florida, choosing the right legal team is paramount. MANEY | GORDON Trial Lawyers offers unmatched expertise, compassion, and dedication.

Our Competitive Advantages

1. Proven Results: We have recovered hundreds of millions in compensation for victims of medical negligence.
2. National and State Certifications: Our team includes attorneys who are board-certified specialists in trial advocacy.
3. Recognized Excellence: Multiple attorneys at MANEY | GORDON Trial Lawyers have been acknowledged by SuperLawyers® for over a decade.

FAQs About Medical Malpractice in Florida

What Is the Statute of Limitations for Medical Malpractice in Florida?

In most cases, you must file your claim within two years of discovering the injury or when the injury should have been discovered.

Do I Need an Expert Witness for My Case?

Yes, Florida law requires expert testimony to establish the standard of care and how it was breached. Experts must be qualified and experienced in the same field as the defendant.

Can I Sue a Hospital for a Doctor’s Negligence?

In some cases, hospitals can be held liable for the actions of their employees. However, independent contractors typically require separate claims against the individual.

How Much Can I Recover in a Medical Malpractice Case?

Compensation varies widely but typically includes economic damages (e.g., medical bills, lost wages) and noneconomic damages (e.g., pain and suffering). Florida no longer enforces blanket caps on noneconomic damages.

Medical Malpractice in Tampa and Beyond

Tampa is home to world-renowned medical facilities, but even the best institutions can fail to meet professional standards. Whether you’re in Tampa, Clearwater, St. Petersburg, or Palm Harbor, MANEY | GORDON Trial Lawyers is here to fight for you.

Get Justice for Medical Malpractice in Florida Today

If you or a loved one has been a victim of medical malpractice in Florida, don’t wait. MANEY | GORDON Trial Lawyers is ready to help you hold negligent providers accountable and secure the compensation you deserve. Call us today for a free consultation or complete our online contact form to start your case.