Medical Malpractice Attorney 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.