Proven Hospital Negligence Law Firm in Florida
Hospital malpractice is broader than the negligence of a single doctor. It encompasses institutional failures: inadequate staffing, poor communication between care teams, failure to maintain equipment, improper credentialing of physicians, and the breakdown of safety protocols that are supposed to protect every patient who walks through the door. When a hospital’s failures cause serious injury or death, the institution itself must be held accountable.
Freedland Harwin Valori Gander has spent decades going up against Florida’s largest hospital systems. We understand how hospitals defend themselves, how they document and sometimes conceal errors, and what it takes to build a case that produces real results for injured patients and grieving families.
Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin
- Content last updated on:
- June 29, 2026
Home » Florida Medical Malpractice Attorney » Florida Hospital Malpractice Attorney
Table of Contents
- How Do You Sue a Hospital in Florida?
- Examples of Hospital Negligence
- Why You Should Hire FHVG To Handle Your Hospital Malpractice Lawsuit
- Hospitals in Florida That Have Protection Against Negligence Lawsuits
- Important Florida Statutes To Know About Medical Malpractice
- What Compensation Can You Recover From a Successful Hospital Lawsuit?
- What To Do if You Suspect Hospital Negligence: Contact a Hospital Malpractice Lawyer at FHVG
How Hospitals Can Be Held Liable for Patient Harm
Under Florida law, hospitals can be held directly liable for their own institutional negligence, separate from the liability of individual physicians. This means that even if a specific doctor made the error, the hospital may share responsibility if the conditions that led to the error were the result of systemic failures.
Hospitals can also be held vicariously liable for the negligence of their employed staff, including nurses, technicians, and employed physicians. And in some cases, even independent contractor physicians may be treated as apparent agents of the hospital if patients had no meaningful choice of provider, a common situation in emergency departments and anesthesiology.
Florida courts have consistently recognized that hospital corporations are not insulated from accountability simply because a licensed professional was the one holding the scalpel. Our attorneys conduct a comprehensive liability analysis in every case to identify every party who bears responsibility.
Common Types of Hospital Malpractice in Florida
Hospital negligence takes many forms. The cases our attorneys most frequently encounter include:
- Nursing negligence: failure to monitor, document, or escalate a patient’s deteriorating condition; medication administration errors; inadequate post-operative care
- Failure to maintain adequate staffing: dangerous nurse-to-patient ratios that prevent proper monitoring and timely response to patient needs
- Surgical errors: wrong-site surgery, retained surgical instruments, anesthesia errors, and post-operative complications from inadequate monitoring
- Hospital-acquired infections: preventable infections including MRSA, C. difficile, and central line-associated bloodstream infections (CLABSI) linked to inadequate infection control protocols
- Failure to respond to rapid deterioration: missing signs of sepsis, respiratory failure, or cardiac events that required immediate intervention
- Falls and patient safety failures: inadequate fall prevention protocols for at-risk patients, resulting in fractures, head injuries, or death
- Medication errors: wrong medication, wrong dose, or dangerous drug interactions resulting from failures in pharmacy, nursing, or physician ordering systems
- Failure to obtain informed consent: performing procedures without adequately explaining risks, alternatives, and expected outcomes
- Negligent credentialing: granting clinical privileges to physicians who lack the training, competence, or licensure to perform the procedures they are assigned
- Discharge errors: releasing a patient prematurely, without adequate discharge instructions, or without arranging follow-up care that a patient’s condition required
We’ve taken on Florida’s largest hospitals, let us fight for you. Call FHV Legal today for a free case evaluation.
The Problem of Hospital Culture and Systemic Negligence
One of the most challenging aspects of hospital malpractice cases is that the errors are often embedded in systems, not just individuals. A nurse who fails to escalate a deteriorating patient may have been working a 16-hour shift because of chronic understaffing. A surgeon who performs a procedure without adequate training may have been credentialed without proper vetting. A medication error may have been the predictable result of a poorly designed electronic health record system.
Hospitals know this. Their defense teams are skilled at focusing attention on the individual provider, the nurse, the resident, the technician, while deflecting scrutiny from the institution. At FHV Legal, we don’t accept that framing. We investigate not only what happened to your loved one but why it happened, and what failures at the institutional level created the conditions for that harm.
Florida hospital systems including Baptist Health South Florida, HCA Florida Healthcare, and Cleveland Clinic Weston operate extensive facilities across South Florida. These are well-resourced institutions with sophisticated legal departments. Our firm has the experience and depth to match them.
What to Do If You Suspect Hospital Negligence
If you believe a hospital’s negligence harmed you or a family member, taking the following steps can help preserve your legal options:
- Request a complete copy of all hospital records, physician notes, nursing notes, medication administration records, lab and imaging results, and any incident reports
- Ask about any incident reports that may have been filed, hospitals are required to document adverse events, though these records are sometimes protected from discovery
- Document everything you observed, staffing levels, response times, conversations with providers, and any concerns you raised during the stay
- Do not speak to hospital risk management or sign any releases without first consulting an attorney
- Contact FHV Legal for a free, no-obligation consultation and we’ll review your case honestly and tell you what we think
Why You Should Hire FHVG To Handle Your Hospital Malpractice Lawsuit
Freedland Harwin Valori Gander has over 20 years of experience in medical malpractice, including Florida hospital negligence cases, and can help you get the financial support you need and deserve.
Our award-winning law firm offers the following:
- Skilled attorneys who have a unique perspective, having worked on the other side to defend medical providers
- Passionate legal professionals who can handle big health care corporations and cases with multiple defendants
- Direct access to a firm partner for every client throughout the legal process
We have secured over $2.6 billion in settlements and verdicts for our clients. Some highlights include the following:
- A $24.5 million verdict for the family of a woman who died during childbirth due to a lack of proper safety protocols
- A $15.2 million arbitration award for a woman who suffered a stroke during childbirth
- A $10 million settlement for a man who suffered a brain injury due to a lack of proper safety protocols
- A $9 million settlement on behalf of a family after a young woman was discharged from the hospital with signs and symptoms of a subarachnoid hemorrhage and subsequently died.
At Freedland Harwin Valori Gander, our clients are more than just numbers. We treat every client like family and give each case the personal attention it deserves. Here’s what our clients have to say:
- “They changed my life and still check on me.” – Larry
- “[Dan] never made me feel that it was about the money… I really believe that they’re helping from their hearts… from a really good place.” – Bill
Hospitals in Florida That Have Protection Against Negligence Lawsuits
Holding a hospital accountable for negligence can be challenging. Sovereign immunity is a legal doctrine providing that a state or government department is immune from being sued without its consent. If the state or government agency owns or operates a hospital, the facility could be protected by sovereign immunity, making it much more difficult to take legal action.
In particular, patients’ ability to hold government-owned hospitals accountable for malpractice may be limited. Additionally, there are limits on the amount of compensation patients can receive.
Some Florida hospitals that have protection against malpractice and negligence lawsuits include the following:
- Veterans Health Administration hospitals
- University of Florida Health hospitals
- University of South Florida Health hospitals
- Broward Health hospitals
- Lee Health hospitals
- Memorial Hospital
- Halifax Health
- Sarasota Memorial Hospital
- Jackson Health System
While these hospitals may have sovereign immunity, Florida law generally waives this protection and make it possible to sue the medical facility, with some significant limitations. Schedule a free consultation with our team to see if you qualify to bring a hospital malpractice lawsuit and what you can expect. Our firm has had a lot of success in bringing cases against these systems, oftentimes by doing our due diligence and finding private physicians who do not share the hospitals’ sovereign immunity.
Frequently Asked Questions About Hospital Malpractice
Can I file a hospital malpractice claim if my loved one passed away?
Yes. When hospital negligence results in a patient’s death, surviving family members may bring a wrongful death claim under Florida’s Wrongful Death Act. Eligible survivors can include spouses, children, and parents, and recoverable damages include medical costs, funeral expenses, lost financial support, and compensation for the survivors’ grief and loss of companionship.
The hospital offered me a settlement, should I accept it?
Not without first speaking with an attorney. Early settlement offers from hospitals or their insurers are often significantly lower than what a family is entitled to recover. Once you accept a settlement and sign a release, you cannot pursue additional compensation even if you later discover the full extent of the harm. Let FHV Legal evaluate any offer before you make a decision.
How does the pre-suit process work in Florida hospital malpractice cases?
Before a medical malpractice lawsuit can be filed in Florida, the claimant must complete a pre-suit investigation. This involves obtaining a written corroborating opinion from a qualified medical expert and serving a notice of intent to initiate litigation on the defendant. The defendant then has 90 days to investigate and respond. This process must be completed before suit can be filed, and failing to follow it properly can be fatal to your claim. Our attorneys manage this entire process.
Does FHV Legal handle hospital malpractice cases outside of Miami-Dade and Broward County?
Yes. Freedland Harwin Valori Gander represents clients in hospital malpractice cases throughout Florida. We handle matters in Palm Beach County, the Treasure Coast, Central Florida, and beyond. Florida’s malpractice laws are statewide, and our attorneys are equipped to pursue your case wherever it arises.
Hospitals have lawyers. Doctors have insurance teams. You deserve someone in your corner, too.
Call FHV Legal today for a free consultation. We’ve taken on Florida’s largest hospital systems and we know how to fight for the people they’ve harmed. Serving Miami, Fort Lauderdale, Weston, Boca Raton, and all of Florida.
free consultation anytime, anywhere.
ALL FIELDS REQUIRED
- ANESTHESIA & PACU ERRORS
- BIRTH TRAUMA
- EMERGENCY ROOM MISTAKES
- FAILURE TO DIAGNOSE OR MISDIAGNOSIS – CANCER
- FAILURE OR DELAY IN DIAGNOSIS OF SEPSIS
- FAILURE TO DIAGNOSE AND TREAT GESTATIONAL DIABETES
- FAILURE TO DIAGNOSE BREAST CANCER
- FAILURE TO DIAGNOSE HEART ATTACK
- FAILURE TO DIAGNOSE OR TREAT AORTIC DISSECTION
- FAILURE TO DIAGNOSE PNEUMONIA
- FAILURE TO DIAGNOSE PULMONARY EMBOLISM
- FAILURE TO TREAT STROKE
- HOSPITAL MALPRACTICE
- INTRAVENOUS INFILTRATION
- MEDICATION ERRORS
- MEDICATION OVERDOSE
- MISDIAGNOSIS
- NEGLIGENT FETAL MONITORING
- OB/GYN ERRORS
- PLASTIC SURGERY ERRORS
- PREOPERATIVE CLEARANCE ERROR
- RADIOLOGY ERRORS
- SPINE SURGERY MISTAKES
- STILLBIRTH & MISCARRIAGE MALPRACTICE
- SURGERY CENTER ERRORS
- SURGICAL ERRORS
- TYPES OF MEDICAL MALPRACTICE LAWSUITS
CASE RESULTS
$24.5 Million
MEDICAL MALPRACTICE
JURY VERDICT
Damages Jury Verdict on behalf of the family of a 34-year-old woman who bled to death during childbirth. With the assistance of top experts, we were able to demonstrate that doctors did not follow proper safety protocols, forcing the defendants to admit liability shortly before trial.
$12.2 Million
PHARMACEUTICAL LIABILITY
SETTLEMENT
A settlement won on behalf of the family of a 47 year old woman whose death resulted from the use of a dangerous pharmaceutical drug. We proved the manufacturer knew of the dangerous side effects & did not provide proper warning.
$10 Million
BIRTH INJURY
SETTLEMENT
A settlement on behalf of a child who suffered a brain injury as a result of oxygen deprivation during birth. Through years of tactical and technical litigation, we were able to prove that the nurses and physicians both failed to intervene and prevent the brain injury.
$1.2 Million
MOTOR VEHICLE ACCIDENT
SETTLEMENT
A settlement on behalf of a middle-aged man who was read ended by a waste management truck.
$1.5 Million
NURSING HOME NEGLIGENCE
SETTLEMENT
A settlement on behalf of the family of an elderly man who died as a result of being neglected and uncared for by a nursing home.
TESTIMONIALS
I met Dan when I was in therapy and he came and right away it felt like a family member visiting you, a connection, like a brother. He’s been on both sides of the fence. He’s represented the hospitals and the doctors, and then he jumped over to the other side. It is a fantastic group, it was like Bell Belichick leading the team. They changed my life and still check on me. I recommend FHV to anybody and they thank me.
LARRY
I met Dan about a year ago. He never made me feel that it was about the money. When he spoke with me he was asking how Bill (my brother) was and if he was doing better. He made me feel like family and always asked if I was alright. That means a lot. Everyday is something new and I challenge for my brother. I would recommend [FHV] to everybody because I really believe that they’re helping from their hearts… from a really good place.
BILL
For anyone to represent anyone for 5 years and take the time to do it, not once just “get it out of the way” and “get it done with”. It was about what was best for Hunter and our family. It was about the case and the people.
ASHLEY
999 Ponce De Leon Blvd
Suite 1030
Coral Gables, FL 33134