Florida Medical Malpractice Lawyer
Florida medical malpractice law includes strict statutes of limitations and mandatory pre-suit screening. Understanding Florida procedures is critical for pursuing claims in the state.
Medical Malpractice Law in Florida
Florida medical malpractice law is governed by specific statutes protecting both patients and healthcare providers. Patients may recover damages when healthcare providers deviate from the standard of care.
Florida has unique procedural requirements including mandatory arbitration in some cases and pre-suit screening processes.
Statute of Limitations
In Florida, the statute of limitations for medical malpractice is 2 years from discovery of injury or 4 years from the date of the negligent act, whichever is earlier. This creates a short window for filing claims.
The discovery rule applies, but the overall cap is strict.
Pre-Suit Screening
Florida requires pre-suit notice and screening in medical malpractice cases. The defendant has 90 days to respond to the notice and may request a certificate of review.
A certificate of review from an expert must accompany the complaint if the defendant requests one, supporting the claim's merit.
Damages and Caps
Florida imposes damage caps on non-economic damages in medical malpractice cases. The cap varies based on the defendant type and injury circumstances. Economic damages are fully recoverable.
Punitive damages are available only in limited circumstances.
How to Pursue a Claim
Florida malpractice claims require compliance with pre-suit screening procedures. Many cases proceed to mandatory arbitration before trial.
Contact an experienced Florida medical malpractice attorney to navigate the state's unique procedural requirements and maximize your recovery.
The information on this page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this page or submitting a contact form.