When you’ve been hurt by a doctor or hospital, it’s natural to want accountability. Many patients start by filing a complaint with the Florida medical board, while others turn to the courts for a medical malpractice lawsuit. Although these two paths may sound similar, they lead to very different outcomes.
At Freedland Harwin Valori Gander, we help Florida families understand their options, and pursue the justice they deserve when medical negligence causes harm.
What a Medical Board Complaint Does
A medical board complaint is a formal report filed with the Florida Board of Medicine or the Florida Department of Health. These agencies regulate doctors and can discipline them for professional misconduct, substance abuse, or incompetence.
When you file a complaint:
- The board investigates whether the healthcare provider violated professional or ethical standards.
- If misconduct is found, the board may issue warnings, fines, or suspend/revoke a medical license.
- However, you cannot recover compensation for your injuries through this process.
In other words, a complaint protects the public, but it doesn’t make the victim financially whole.
For example, if a patient believes a misdiagnosis of cancer was due to negligence, they can alert the board. But to recover for medical costs, lost wages, or pain and suffering, they’ll need to file a lawsuit. (Take our Cancer Misdiagnosis Quiz to learn more about whether you may have a case.)
What a Medical Malpractice Lawsuit Does
A medical malpractice lawsuit is filed in civil court to recover financial damages for injuries caused by a healthcare provider’s negligence. These cases require proof that:
- A doctor or hospital failed to meet the standard of care.
- That failure caused your injury or worsened your condition.
- You suffered measurable harm (physical, emotional, or financial).
Unlike a medical board complaint, a lawsuit can compensate you for:
- Medical bills and rehabilitation
- Lost income or future earnings
- Pain and suffering
- Long-term care or disability
Lawsuits also hold hospitals and insurance companies accountable, something that often requires experienced trial lawyers who understand both medicine and the law.
If you’re wondering how to choose the right attorney, read our guide on Questions to Ask When Hiring a Medical Malpractice Attorney.
Can You File Both?
Yes. In some situations, filing both a medical board complaint and a malpractice lawsuit makes sense. The complaint ensures the provider’s conduct is investigated, while the lawsuit helps you recover damages.
For example, after a surgical error at one of South Florida’s worst-rated hospitals, a patient might file a complaint to alert regulators and then pursue a civil case to seek justice.
However, timing matters. Florida law sets strict statutes of limitation on malpractice claims, often two years from when the injury was discovered. That’s why it’s essential to speak with an attorney as soon as possible.
Why Legal Representation Matters
The Florida medical and legal systems are complex. A state investigation might take months or years, and even if the board takes action, it won’t pay your bills or compensate for lifelong impacts.
That’s where FHV Legal comes in. Our attorneys, recognized leaders in complex medical malpractice and catastrophic injury cases, have taken on major hospitals and healthcare corporations across Florida. Meet our attorneys to see our experience and results.
Take Action After Medical Negligence
If you believe you or a loved one has been harmed by a doctor, hospital, or healthcare system, you deserve answers and accountability.
- A medical board complaint can protect others from future harm.
- A medical malpractice lawsuit can help you rebuild your life.
Hospitals have lawyers. Doctors have insurance teams. You deserve someone in your corner, too. Contact FHV Legal today for a free, confidential consultation.
