What Qualifies as Medical Malpractice in Florida?
Medical malpractice happens when a healthcare provider breaches the accepted standard of care, resulting in injury, illness, or death. Florida medical malpractice law requires that this negligence directly caused harm.
Common examples of what constitutes medical malpractice in Florida:
Who Has the Right to Sue for Medical Malpractice in Florida?
1. The Injured Patient
If you were harmed due to medical negligence, you have the right to file a malpractice lawsuit. You can recover damages for:
- Medical expenses
- Lost wages
- Pain and suffering
- Disability or disfigurement
Our attorneys can help you sue for malpractice. Contact us online today or call (954) 467-6400 for a free consultation.
2. Spouses
Spouses can sue for loss of consortium, which refers to the loss of companionship, support, intimacy, and affection caused by the injury. If a spouse dies from medical malpractice, the surviving partner may be entitled to pursue a wrongful death claim.
You may be able to:
- Sue a doctor for negligence
- Sue a hospital for malpractice
- Recover compensation for lost financial support, funeral costs, and emotional distress
3. Children of the Victim
Children may have the right to sue if:
- Their parent was permanently disabled (unmarried, dependent minors only)
- Their parent died due to malpractice (minors under 25 can sue for emotional damages)
Florida’s controversial “Free Kill Law” restricts adult children (25+) from suing for non-economic damages unless there’s no surviving spouse.
4. Parents of an Injured Minor
Parents can file a malpractice lawsuit on behalf of their child and recover:
- Medical costs
- Future care needs
- The child’s pain and suffering
- The family’s emotional and financial losses
5. Legal Guardians
If the injured person is a minor or incapacitated adult, a legal guardian can sue on their behalf. Courts may appoint a guardian ad litem if the settlement exceeds $15,000 (mandatory over $50,000).
6. Personal Representative of the Estate
In wrongful death cases, Florida law requires the personal representative (executor) of the deceased’s estate to file the lawsuit for malpractice. The claim is filed on behalf of surviving family members who qualify under Florida’s wrongful death statute.
Who Can Be Sued for Medical Malpractice?
Depending on the situation, you may be able to sue:
- A doctor
- A hospital or healthcare facility
- A nurse, pharmacist, anesthesiologist, or other medical staff
You can also file a malpractice claim against a doctor’s office or group practice if they employed the negligent provider. Yes, a doctor can be sued for negligence, and we can help you determine liability.
Can You Sue a Hospital for Medical Negligence in Florida?
Yes. Hospitals can be sued for malpractice if:
- They employed the negligent provider
- They failed to enforce safety protocols
- There was a systemic failure in care delivery
If you’re suing a hospital for malpractice, our attorneys will investigate all parties who may share responsibility. If you’re unsure how to sue for malpractice, we guide you every step of the way.
What Is the Deadline for Filing a Medical Malpractice Lawsuit in Florida?
Wondering what is the statute of limitations for medical malpractice in Florida?
Florida’s timeline is:
- 2 years from when the injury was discovered (or reasonably should’ve been discovered)
- 4 years max from the actual incident (in most cases)
- 2 years for wrongful death claims
Acting quickly is essential to preserve your right to sue.
How to Sue for Medical Malpractice in Florida
Filing a malpractice suit starts with:
- A free consultation
- Medical record review
- Expert testimony
- Filing your lawsuit before the deadline
You don’t have to do this alone. Our team is experienced in:
- Suing doctors for negligence
- Filing a lawsuit for medical negligence
Representing patients across Florida in complex malpractice cases
What Damages Can You Recover?
Depending on your case, you may recover:
- Medical bills (past and future)
- Lost income
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Funeral/burial expenses (in wrongful death cases)
Schedule a Free Consultation With a Florida Medical Malpractice Attorney
At Freedland Harwin Valori Gander, we’ve recovered over $2.6 billion for clients and families harmed by medical negligence. If you’re wondering whether you can sue for malpractice in Florida, we’re here to help.
- No fees unless we win
- Serving Broward and Miami-Dade counties
Speak with a trusted Florida medical attorney today — we’re ready to fight for you. Contact us online today or call (954) 467-6400 for a free consultation.
FAQs
How much does it cost to sue a doctor in Florida?
Nothing upfront. We work on contingency — no win, no fee.
Can I sue for medical negligence in Florida without physical injuries?
Generally, no. Emotional distress claims require proof of physical harm.
Can you sue a hospital and doctor at the same time?
Yes, if both contributed to the negligence.
How do I sue for medical negligence in Florida?
Start with a free consultation, then collect records, find experts, and file within the statute of limitations.
Who can be sued for malpractice?
Any healthcare provider whose negligence caused harm.
Can I sue a hospital?
Yes. If the hospital was responsible for your injury — due to staff errors, unsafe policies, or negligent hiring — you may be able to file a lawsuit for malpractice against them.
