Medical Malpractice Claim in Florida: Presuit, Experts and Deadlines
When medical care goes wrong, families are left with a hard question: was this a bad outcome that could not be avoided, or was it negligence? A medical malpractice claim in Florida turns on that difference, and the law sets out a detailed path for answering it.
This post explains that path in plain language, from the standard of care to the presuit process and the deadlines. It is legal information for learning purposes, not legal advice about your care.
What counts as medical malpractice in Florida?
Medical malpractice is a specific kind of negligence. A health care provider fails to meet the standard of care the profession expects, and that failure injures a patient. Section 766.102 sets the standard, called the prevailing professional standard of care.
The guide explains what that standard means and why a poor result, by itself, does not prove negligence.
Why does a Florida malpractice claim need an expert?
In most injury cases a jury can rely on common sense. Medical care is different, so Florida requires expert testimony on whether the standard of care was met. The expert has to qualify under the same-specialty rules in Chapter 766.
The guide explains who can serve as an expert and why that choice shapes a claim from the start.
The prevailing professional standard of care
Why expert testimony is required
Same-specialty rules for experts
What is the Florida presuit process?
Florida requires a mandatory presuit process before a medical malpractice lawsuit can be filed. It begins with a reasonable investigation and a corroborating affidavit from a medical expert under § 766.203.
The claimant then serves a notice of intent to initiate litigation on each prospective defendant, which starts a 90-day period under § 766.106. The guide explains what happens during those 90 days, including informal discovery and the defendant's response.
Presuit investigation
The corroborating affidavit
Notice of intent
The 90-day period
Voluntary binding arbitration
How long do you have to file a medical malpractice claim in Florida?
The deadline is in § 95.11. The general rule is two years, and a discovery rule can affect when the two years begin. Florida also has a four-year statute of repose, an outer limit that late discovery does not extend in ordinary cases.
The guide explains both clocks and the special rules for fraud and for claims involving young children.
Shared fault, damages and wrongful death
A defendant may argue that the patient shares fault. The guide explains how Florida's comparative negligence rules in § 768.81 apply to medical malpractice claims.
It also covers the kinds of damages a patient can seek, the history of damage caps, and how wrongful death claims work when a patient dies.
Frequently asked questions
Can I file a medical malpractice lawsuit in Florida right away?
No. Florida requires a presuit investigation, a corroborating expert affidavit and a notice of intent followed by a 90-day period under § 766.106 before suit. The guide explains each step.
What is the statute of repose for medical malpractice in Florida?
Florida has a four-year statute of repose in § 95.11, with special rules in some cases. The guide explains how it works alongside the two-year deadline.
Does a bad outcome mean malpractice?
Not by itself. The question is whether the provider met the prevailing professional standard of care in § 766.102. The guide explains how that is evaluated.
Get the full guide
Get Medical Malpractice in Florida from STACKED LEGAL to understand the standard of care, the presuit process and the deadlines before time runs short. It is available in paperback and eBook. Read Medical Malpractice in Florida.
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Legal information, not legal advice. Laws change, and every situation is different. For advice about your situation, talk to a licensed Florida attorney.
