Medical Malpractice Attorney in Florida

Medical malpractice cases in Florida require pre-suit investigation and in-depth knowledge of the state’s malpractice laws. The dedicated Florida medical malpractice attorneys at Freedland Harwin Valori Gander have recovered more than $2.6 billion in settlements and verdicts for clients. We help clients pursue economic, non-economic, and punitive damages using more than 20 years of experience advocating for victims of medical malpractice and doctor negligence.

Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin

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Seeking medical care means placing your trust in a health care professional. When that professional, or the medical system, betrays that trust, you have the right to take legal action. A medical malpractice lawsuit can help you regain some of what you lost and sends a message that medical mistakes and poor decision-making will not be tolerated. 

In Florida, medical malpractice has complex legal procedures, including a pre-suit process to screen for frivolous claims. It helps to have a team of experienced Florida medical malpractice attorneys on your side. 

Freedland Harwin Valori Gander has recovered over $2.6 billion in settlements and verdicts for victims of medical malpractice. We can stand up to drug companies, doctors, and multiple defendants in helping you pursue justice. 

In addition to our wealth of experience representing the victims of medical malpractice, our attorneys also have experience on the other side, defending medical providers and their insurance companies. This gives us a unique perspective when fighting for our clients.

Our proven track record of results shows we have the experience, resources, and fortitude to take on the biggest corporations and insurers.  Contact us today for a free consultation.

Understanding Medical Malpractice in Florida

Medical malpractice is occurs when a health care professional provides negligent care, causing harm to the patient. 

Many kinds of errors or omissions qualify as medical malpractice in Florida, including the following:

  • Surgical errors, such as operating on the wrong body part
  • Misdiagnosis or delayed diagnosis of conditions, such as cancer or gestational diabetes
  • Medication errors and prescription errors that result in physical or mental harm
  • Birth injuries to newborns that result in cerebral palsy or Erb’s palsy
  • Anesthesia errors that result in brain damage

In Florida, you must file suit within two years of the negligent treatment. If the harm was not readily apparent, you have two years from when you discovered or should have discovered the harm. However, you cannot file a lawsuit more than four years after the incident, even if you did not discover the error or omission until later. 

Florida has imposed a pre-suit process for malpractice suits under Florida statute 766.203. Before filing a medical negligence lawsuit, you must conduct a reasonable investigation to establish a good faith belief that medical negligence occurred. This pre-suit investigation is necessary—-your lawsuit cannot proceed without it. 

The pre-suit investigation typically involves obtaining a written opinion from an expert, known as a “pre-suit expert affidavit,” stating that the defendant breached the standard of care.

Once the investigation is complete, you must notify the defendant of your intent to sue at least 90 days before filing suit.  

At Freedland Harwin Valori Gander, we conduct in-depth investigations using the firm’s more than 20 years of experience helping victims of medical malpractice. Our Florida medical malpractice attorneys have a network of qualified doctors, nurses, and other experts to shed light on what happened in your case. We often call upon an expert witness to file an affidavit affirming that the defendant deviated from the standard of care in your case. 

A medical malpractice lawsuit in Florida might involve several stages, such as binding arbitration, negotiation, or trial by jury. Our team includes some of the top medical malpractice attorneys in Florida. Freedland Harwin Valori Gander has lawyers who have worked on the other side of medical malpractice claims, so we know how to be your legal advocates. Contact us to see how we can help you.

Types of Medical Malpractice Cases in Florida

Medical malpractice can happen when a professional acts in a way that falls below the standard of care. Both errors and omissions can be medical malpractice. The potential causes of action in a Florida medical malpractice lawsuit are numerous.

Some common examples of medical malpractice are:

These cases require an in-depth understanding of Florida law and access to medical experts who can offer an informed perspective on the medical professional’s actions. Freedland Harwin Valori Gander offers both.

Compensation for Florida Medical Malpractice Victims

The compensation you can receive for medical malpractice depends on the severity of your injuries. It also depends on how the incident has affected your life, such as your ability to work and earn a living. Your ongoing medical needs, pain and suffering, and the severity of the defendant’s actions also affect how a court decides compensation.

The law divides compensation into economic and non-economic damages.

Economic damages are your financial losses caused by the practitioner’s negligence, which include:

  • Past and future medical expenses
  • Lost wages
  • Loss of future earning capacity

Non-economic damages are your harder-to-quantify impacts on your life, including the following: 

  • Pain and suffering
  • Emotional distress
  • Loss of consortium and companionship  

Punitive damages are available in limited cases of gross negligence or intentional misconduct under Florida statute 768.72. As the word punitive suggests, these damage awards are meant to punish the defendants for particularly bad behavior. Punitive damages cannot be more than three times the amount of compensatory damages or $500,000, according to Florida statute 768.73.

The Florida medical malpractice lawyers at Freedland Harwin Valori Gander can tell you what your case might be worth. Contact us today for a free consultation. 

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550 S Andrews Ave
Ste 630
Fort Lauderdale, FL 33301



999 Ponce De Leon Blvd 
Suite 1030
Coral Gables, FL 33134

Frequently Asked Questions About Medical Malpractice

Here are answers to a few more questions you might have about a medical malpractice case in Florida.

What Is the Average Duration of a Medical Malpractice Case in Florida?

Florida courts set a guideline of 18 months for a civil jury trial, from initial filing to conclusion. However, this is just a guideline. The courts also mandate that lawyers have reasonable time to present their cases. Therefore, your case might take months or years. 

Can I File a Medical Malpractice Claim if the Doctor Acted in Good Faith?

Medical malpractice requires that the doctor failed to meet the standard of care. A doctor can act in good faith, but the care provided may fall below this standard. You can sue even if the doctor acted in good faith.

If I Signed a Consent Form Before the Procedure, Can I Still Sue?

Even if you signed a consent form, the medical professional must meet the standard of care. If they do not meet the standard of care, you can still sue. 

Contacting a Florida Medical Malpractice Attorney​

Freedland Harwin Valori Gander provides compassionate and passionate representation to our clients. Our attorneys are aggressive and employ all resources available to ensure that you receive the maximum recovery. 

To learn how our medical negligence lawyers in Florida can help you, contact us today for a free consultation.

medical malpractice attorneys of Freedland Harwin Valori Gander in Fort Lauderdale, FL