Florida Medical Malpractice Lawyers: How to Sue a Hospital or Doctor

When you entrust your health to a hospital, surgeon, or nurse, you expect to receive competent and safe care. Unfortunately, medical errors are a leading cause of severe injury and wrongful death in the United States. If you or a loved one suffered catastrophic harm due to a healthcare provider’s negligence, the Law Offices of Jason Turchin is here to help you demand justice.

Our trial attorneys have successfully handled over 6,500 personal injury and wrongful death claims. We have the resources and the network of specialized medical experts necessary to take on massive hospital systems and their insurance companies. Call us today at (800) 337-7755 for a free, confidential consultation. We handle all Florida medical malpractice claims on a strict contingency fee basis.

The Strict Florida Medical Malpractice Pre-Suit Requirements

Unlike a standard car accident or slip and fall, you cannot simply file a medical malpractice lawsuit right away. Florida law (Chapter 766) often requires injured patients to jump through significant procedural hoops before a lawsuit can even begin. Our attorneys can meticulously handle this mandatory pre-suit investigation process:

• The Expert Affidavit: Before we can send a notice to the at-fault doctor, we must typically obtain your complete medical records and have them reviewed by a qualified medical expert who practices in the exact same specialty as the defendant. This expert must sign a verified written affidavit confirming that the standard of care was breached and caused your injuries.
• Notice of Intent to Initiate Litigation: Once we have the corroborating affidavit, we generally must send a formal Notice of Intent via certified mail to every prospective defendant (doctors, hospitals, clinics) along with a HIPAA-compliant authorization.
• The 90-Day Investigation Period: After the notice is received, the hospital and their insurance company typically have 90 days to conduct their own internal investigation. During this period, the statute of limitations is generally paused (tolled). At the end of the 90 days, they must either reject your claim, offer a settlement, or admit liability and offer arbitration for damages.

Florida’s Medical Malpractice Statute of Limitations and Repose

In Florida, time is your absolute biggest enemy in a medical malpractice case. The deadlines are generally incredibly unforgiving (Fla. Stat. § 95.11(4)(b)):

• The Two-Year Rule: You generally have only two years from the date the malpractice occurred, or two years from the date you discovered (or reasonably should have discovered) the injury to file a claim.
• The Four-Year Statute of Repose: Even if you did not discover the injury right away, Florida generally enforces a hard, absolute deadline of four years from the date the malpractice actually occurred. If you file after four years, your case may be barred, no matter how severe the injury.
• Exceptions (Fraud and Minors): The major exceptions to the four-year cutoff are if the healthcare provider engaged in active fraud or concealment (which extends the absolute limit), or if the victim is a young child (parents generally have until the child’s 8th birthday to file).

Types of Florida Medical Malpractice Cases We Handle

Not every bad medical outcome qualifies as malpractice. To win, we must typically prove that the provider breached the prevailing professional standard of care. We can aggressively litigate complex claims involving:

• Surgical Errors: Wrong-site surgeries, leaving foreign objects (sponges, clamps) inside the patient, or severe anesthesia dosing errors.
• Misdiagnosis or Delayed Diagnosis: Failing to recognize the clear symptoms of strokes, heart attacks, or aggressive cancers until it is too late for life-saving treatment.
• Birth Injuries: Preventable trauma during labor and delivery resulting in cerebral palsy, Erb’s palsy, or severe maternal hemorrhaging.
• Emergency Room Negligence: Failing to order necessary diagnostic tests or improperly discharging a patient in critical condition.

Florida Medical Malpractice FAQs

Can I sue the hospital for a doctor’s mistake?

It depends on the doctor’s employment status. Many doctors in Florida are “independent contractors” who merely have admitting privileges at a hospital. If an independent doctor makes a mistake, the hospital could be shielded from liability. However, you can sue the hospital directly if the negligent party was a direct employee (like an ER nurse or staff technician), or if the hospital failed to properly vet an independent doctor’s credentials.

What compensation can I recover?

Victims can recover comprehensive economic and non-economic damages. This includes past and future medical bills, lifelong rehabilitation and care costs, lost wages, and compensation for severe physical pain, emotional trauma, and loss of quality of life. In cases resulting in a fatality, surviving family members can pursue damages under the Florida Wrongful Death Act.

How much does it cost to hire a Miami medical malpractice lawyer?

Because medical malpractice cases may require upfront investments of tens of thousands of dollars to hire expert witnesses and conduct pre-suit investigations, the Law Offices of Jason Turchin handles these cases entirely on a contingency fee basis. We advance all costs. You pay nothing out-of-pocket, and we only recover our fees and costs if we successfully secure a settlement or jury verdict for you.

Do not let the statute of limitations expire on your case. Contact the Law Offices of Jason Turchin today at (800) 337-7755 to begin your pre-suit investigation.