Florida Medical Malpractice Attorneys

At DearLegal, we connect you with experienced Florida medical malpractice attorneys who handle the state’s pre-suit investigation requirement under Fla.

Free to use — no fee unless you win
Matched with a Florida attorney in 24 hours
30,000+ plaintiffs served nationwide

Free Florida medical malpractice case review

A Florida attorney will take a look. Or call 1-833-WELEGAL.

How we match your Florida medical malpractice case

When you submit a Florida medical malpractice matter, we route it through a national network of independent partner firms and put it in front of the one that fits best — based on the kind of case it is, what it is likely to involve, where it has to be handled, and who has capacity to take it on now.

Case type

A medical malpractice matter needs someone who handles medical malpractice work day to day, not a generalist. Practice area is the first filter.

Size and complexity

Some firms are built for catastrophic injury and multi-party litigation; others resolve straightforward claims quickly. We weigh what your matter is likely to involve against how each firm actually works.

Jurisdiction and licensing

Your matter is decided under Florida law, so it goes to an attorney licensed in Florida who regularly appears where your case would be heard.

Capacity and fit

Availability, conflicts of interest and language all matter. If the best-fit firm cannot take your case, we route it to the next one that can — or tell you plainly when no one in the network is the right answer.

Every partner reviews your case for free. Injury and workers’ compensation matters are handled on contingency — no fee unless you win. Other matters are quoted upfront, before you commit to anything.

Get started How DearLegal works

DearLegal provides marketing and matching services and is not a law firm. Submitting a case does not create an attorney-client relationship. Matches depend on case type, jurisdiction and firm availability.

Exhibit A

What happens with a medical malpractice claim in Florida

Day 0
It happens.
Get medical care and keep every record — photos, names, the report number. In Florida, what you document now is what your claim is built on.
Within 24 hours
Tell us what happened.
Two minutes on this page. A Florida medical malpractice attorney reviews it for free and, if it’s a fit, you’re matched within 24 hours.
Weeks 1–4
Your attorney builds the file.
Reports, medical records, witnesses, camera footage, insurance policies. This is the part insurers hope you skip.
Months 1–6
Demand and negotiation.
Your attorney sends a demand and negotiates with the insurer. Most claims resolve here.
Before the 2-year deadline
Suit is filed if it has to be.
Florida gives 2 years from the date it happened. Filing keeps your leverage; missing it ends the claim.
Resolution
Settlement or verdict.
You pay nothing along the way. The fee — typically 33% — comes only out of what’s recovered. If nothing is recovered, you owe nothing.

Statute of Limitations: 2 years
2 years from incident or discovery, but no more than 4 years from incident (statute of repose) (Fla. Stat. § 95.11(4)(b)); 7-year cap when fraud or concealment is shown
Pre-Suit Investigation: Pre-suit investigation
Pre-suit investigation and verified expert opinion required under Fla. Stat. § 766.203; 90-day Notice of Intent under § 766.106
Expert Qualification: Expert must
Expert must be in "same or similar specialty" (Fla. Stat. § 766.102); board certification required if defendant is board-certified
Damages Cap: No cap
No cap on compensatory or non-economic damages — caps struck down in Estate of McCall (2014) and Kalitan (2017)
Sovereign Immunity Caps: $200k
$200,000 per claimant / $300,000 per occurrence against state agencies (Fla. Stat. § 768.28); claims bill required for excess
Typical attorney fee: 33%
33%–40% contingency — no fee unless you win

Florida medical malpractice is governed by Chapter 766, one of the most procedurally demanding med-mal regimes in the country. Before filing, the plaintiff must complete a pre-suit investigation (Fla. Stat. § 766.203), obtain a verified written medical opinion from a qualifying expert (§ 766.203(2)), and serve a 90-day Notice of Intent on each defendant (§ 766.106). Florida’s non-economic damages caps were struck down by the Florida Supreme Court in Estate of McCall v. United States (2014) and North Broward Hosp. Dist. v. Kalitan (2017). The 2-year SOL with 4-year repose under § 95.11(4)(b) runs fast, with extensions only for fraud, concealment, or minors.

Exhibit B

When to call a medical malpractice attorney in Florida

Does any of this sound like you? Tap what applies.

0of 6 apply

Tick anything that applies. Even one is reason enough to talk to a Florida medical malpractice attorney before you talk to an insurer.

Talk to an attorney anyway

Meanwhile, don’t

Filing without completing the pre-suit investigation and verified expert opinion required by Fla. Stat. § 766.203
Missing the 90-day Notice of Intent under Fla. Stat. § 766.106 — defective notices have been held to bar the claim
Letting the 4-year statute of repose under Fla. Stat. § 95.11(4)(b) lapse while waiting for the discovery rule
Failing to investigate whether NICA (Fla. Stat. § 766.301) preempts a birth-injury case
Hiring an expert who does not meet the Fla. Stat. § 766.102 "same or similar specialty" requirement
Talking to hospital risk management or the provider’s insurer without legal counsel

Exhibit C

Medical Malpractice cases we take in Florida

Which one is closest to yours?

Surgical errors

Wrong-site, retained instruments, nerve and organ injury, post-op infections at Jackson Memorial, UF Health Shands, AdventHealth, Cleveland Clinic Florida, and other facilities.

Sound like yours? A Florida attorney reviews it free — no fee unless they win.

Start my free review

Exhibit D

How much do Florida medical malpractice attorneys cost?

Sample settlement statement

Florida · Medical Malpractice

Recovery$100,000

Attorney fee · 33%− $33,000

Case costs (advanced by firm)repaid at the end

To you$67,000

Due today$0

Try a different recovery$100,000

$5,000$3,000,000

Illustrative only. Your fee terms are set in a written agreement with your attorney and may include costs and expenses regardless of outcome.

Most Florida medical malpractice attorneys work on contingency: the fee is a share of what they recover, and nothing if they don’t.

Florida caps med-mal attorney fees under Fla. Const. Art. I § 26 (Amendment 3) on a sliding scale — generally 30% of the first $250,000 plus 10% of anything over $250,000 — with limited client-waiver options. Case costs are advanced by the firm and deducted from the recovery only if the case wins.

A good attorney walks through every number at your free consultation — before you sign anything.

Get startedTakes about two minutes. No obligation.

Exhibit E

What your Florida medical malpractice compensation can include

A Florida medical malpractice recovery is built from several parts. Tap one to see what it covers.

Economic Damages (No Cap)

Past and future medical bills, lost wages, lost earning capacity, life-care plans, rehabilitation costs — uncapped in private Florida med-mal cases.

DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Exhibit F

Florida medical malpractice questions, answered

Still unsure? Tell us what happened and a Florida attorney will review it for free.

Start free review

Two years from when the injury was or should have been discovered, with a 4-year statute of repose from the incident under Fla. Stat. § 95.11(4)(b). Where fraud, concealment, or intentional misrepresentation is shown, the deadline extends to 7 years from the incident. Minors under 8 have until their 8th birthday. The 90-day Notice of Intent under § 766.106 tolls the SOL while pending.

Under Fla. Stat. § 766.203, the plaintiff must conduct a pre-suit investigation, obtain a verified written medical opinion from a qualifying expert corroborating reasonable grounds for the claim, and serve a 90-day Notice of Intent on each defendant under § 766.106. During the 90-day period, parties exchange records and the defendant may agree to settle, reject the claim, or demand alternative dispute resolution.

No. The Florida Supreme Court struck down the non-economic damages caps in Estate of McCall v. United States (2014) for wrongful-death cases and extended that to personal-injury cases in North Broward Hosp. Dist. v. Kalitan (2017). Economic, non-economic, and punitive damages are all uncapped in private cases. Sovereign immunity caps apply only to state-agency cases under Fla. Stat. § 768.28.

Surgical errors, missed or delayed cancer diagnosis, birth injuries, medication errors, anesthesia errors, hospital-acquired infections, ER malpractice, radiology errors, OB/GYN errors, and nursing home neglect.

Yes, but state-affiliated providers face Fla. Stat. § 768.28 sovereign-immunity caps of $200,000 per claimant / $300,000 per occurrence. Recovery beyond those caps requires a "claims bill" passed by the Florida Legislature — a slow and politically uncertain process.

Most cases take 24–48 months, in part because of the 90-day pre-suit window and Florida’s extensive motion practice. Catastrophic-injury cases routinely take 3–5 years.

Florida caps med-mal attorney fees in many cases on a sliding scale (Fla. Const. Art. I § 26 / Amendment 3 — 30% of first $250,000 plus 10% over $250,000 in cases of medical liability), with limited client waiver options. Case costs are advanced by the firm.