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. Stat. § 766.203, the verified expert opinion corroborating each defendant’s breach, the 90-day pre-suit notice, and the 2-year SOL with 4-year repose under § 95.11. Whether your injury happened at Jackson Memorial, UF Health Shands, AdventHealth, or Cleveland Clinic Florida, we’ll match you with the right attorney at no cost to get started.

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.

Why Do You Need a Medical Malpractice Attorney in Florida?

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.

When Do You Need a Medical Malpractice Attorney in Florida?

Our network includes Florida medical malpractice attorneys who handle every kind of case, including:

Types of Medical Malpractice Cases in Florida

From the moment you connect with a Florida medical malpractice attorney, they go to work protecting your claim. The most common case types we handle:

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

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

Common Florida Medical Malpractice Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Florida Medical Malpractice Attorneys Cost?

33%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

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.

What Can Your Florida Medical Malpractice Compensation Include?

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.

Non-Economic Damages (No Cap)

Pain and suffering, emotional distress, loss of enjoyment, disfigurement — no cap after Estate of McCall (2014) and Kalitan (2017).

Punitive Damages

Available for intentional misconduct or gross negligence under Fla. Stat. § 768.72. Capped at the greater of 3x compensatory damages or $500,000 under § 768.73 (with higher caps for specific intent and unjust enrichment).

Wrongful Death

Fla. Stat. § 768.16 et seq. compensates surviving family for lost support, lost services, and mental anguish; statutory limits on adult-child claims.

Sovereign Immunity Limits

Claims against state-affiliated providers capped at $200,000 per claimant / $300,000 per occurrence under Fla. Stat. § 768.28; "claims bill" needed for excess.

Future Care Costs

Life-care plans for catastrophic injuries are uncapped in private cases and typically the largest single component of recovery.

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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.

Florida Medical Malpractice Attorneys

Why Do You Need a Medical Malpractice Attorney in Florida?

When Do You Need a Medical Malpractice Attorney in Florida?

Types of Medical Malpractice Cases in Florida

Common Florida Medical Malpractice Mistakes

How Much Do Florida Medical Malpractice Attorneys Cost?

What Can Your Florida Medical Malpractice Compensation Include?

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