Best Medical Malpractice Lawyers in Florida

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The Pendas Law Firm
Orlando, United States

Founded in 2004
11 people in their team
English
Spanish
Portuguese
OUR FIRMEstablished in 2004, The Pendas Law Firm is one of the most prestigious and aggressive firms in Florida. We serve clients throughout Florida with offices located in Orlando, Tampa, Ft. Myers, Jacksonville, West Palm Beach Fort Lauderdale and Miami. As a result of our success and reputation,...
Bailey Glasser
St. Petersburg, United States

Founded in 1999
123 people in their team
English
Founded by Ben Bailey and Brian Glasser in 1999 in Charleston, West Virginia, Bailey Glasser has grown to include 76 lawyers, with 17 offices across the United States. The firm’s complex litigation practice focuses on high-stakes commercial litigation; class actions for consumers, insureds,...
Mesin & Co. Law Firm | Personal Injury & Accident Lawyers
Miami, United States

Founded in 2024
5 people in their team
English
Russian
Mesin & Co. is a Florida law firm dedicated to representing victims of personal injury and accidents. Our Miami personal injury lawyers and Florida car accident attorneys help clients recover compensation for medical bills, lost wages, pain and suffering, and long term care needs. We handle...
Rubenstein Law
Daytona Beach, United States

Founded in 1988
49 people in their team
English
WORKING TO PROTECT OUR CLIENTS RIGHTSRobert Rubenstein first opened Rubenstein Law in 1988 as a plaintiff’s personal injury firm. In 2008, after graduating with honors from the University of Miami School of Law, his daughter Nicole joined the firm. Together they've grown Rubenstein Law to over 45...
The Angell Law Firm, LLC
Destin, United States

Founded in 2010
6 people in their team
English
About The Angell Law FirmThe attorneys at Angell Law Firm exclusively practice personal injury law, which means that we have had years to hone our practice of personal injury law and have the experience and know-how to effectively fight for your rights. Personal injury is all we do all day, every...
Dannheisser Injury Law

Dannheisser Injury Law

1 hour Free Consultation
Sarasota, United States

Founded in 1995
2 people in their team
English
Spanish
Dannheisser Injury Law is a Florida trial firm representing clients for their personal injury and wrongful death claims caused by automobile, motorcycle, trucking and bicycle collisions, premises negligence and slip and falls, nursing home and assisted living injuries and animal attacks. Our trial...
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About Medical Malpractice Law in Florida, United States

Medical malpractice occurs when a healthcare provider fails to meet the recognized standard of care, resulting in injury or harm to a patient. In Florida, medical malpractice is a unique area of personal injury law that is governed by specific statutes and court procedures. The law covers not only doctors but also nurses, hospitals, dentists, and other medical professionals or facilities. The goal of medical malpractice law is to protect patients by allowing them to seek compensation for injuries resulting from negligent medical care while also safeguarding medical professionals from unfounded claims.

Why You May Need a Lawyer

Individuals often need legal guidance in medical malpractice cases because these claims are complex and require a comprehensive understanding of both medical and legal concepts. Common situations where legal help is essential include:

  • Experiencing significant injury or worsened medical condition after a medical procedure or treatment
  • Misdiagnosis or failure to diagnose a serious illness
  • Surgical errors or mistakes during childbirth
  • Errors in prescribing or administering medication
  • Poor aftercare or disregard of patient history and symptoms

Medical malpractice lawyers can help patients understand their rights, evaluate whether malpractice occurred, gather evidence, consult with medical experts, and represent clients in negotiations or court proceedings.

Local Laws Overview

Florida has distinct laws and procedural requirements for medical malpractice claims. Some key aspects include:

  • Pre-suit Requirements: Before filing a lawsuit, patients must provide notice of intent to sue and obtain a sworn affidavit from a qualified medical expert stating that malpractice occurred.
  • Statute of Limitations: Generally, a claim must be filed within two years from when the patient discovered, or should have discovered, the injury, but not more than four years from the date of the alleged malpractice. There are some exceptions, such as cases involving fraud or minors.
  • Caps on Damages: While Florida previously had limits on non-economic damages such as pain and suffering, recent court decisions have found certain caps unconstitutional. The law is subject to change, so it is important to consult a lawyer for the most current rules.
  • Comparative Negligence: If the patient is found to be partially at fault, compensation can be reduced accordingly.
  • Mandatory Pre-suit Investigation: Both sides must participate in a 90-day investigation period prior to litigation.

Understanding these local laws and following the proper procedures is essential to any successful medical malpractice claim in Florida.

Frequently Asked Questions

What is considered medical malpractice in Florida?

Medical malpractice includes any action or omission by a healthcare provider that deviates from the accepted standard of care and causes injury or harm to a patient. This can involve errors in diagnosis, treatment, surgery, or aftercare.

How do I know if I have a valid medical malpractice claim?

You may have a claim if you can show that a medical professional failed to provide care consistent with the accepted standard, this caused your injury, and you suffered damages such as medical expenses, lost wages, or pain and suffering. Consult a lawyer for a professional evaluation.

What is the statute of limitations for filing a medical malpractice lawsuit in Florida?

Generally, you have two years from the date you discovered or should have discovered the injury. However, you cannot file more than four years from the incident except in cases involving fraud or concealment.

Do I need to get a medical expert to pursue a malpractice case?

Yes. Florida law requires a sworn affidavit from a qualified medical expert before you can file a lawsuit, confirming that there is a reasonable basis to believe malpractice occurred.

What types of damages can I recover?

You may recover compensation for economic damages like medical bills and lost income, as well as non-economic damages such as pain, suffering, and loss of enjoyment of life.

Are there caps on what I can recover in a Florida medical malpractice case?

Previous caps on non-economic damages have been ruled unconstitutional in many cases, but laws and court rulings can change. Discuss your specific situation with an attorney for the most current information.

Who can be sued for medical malpractice?

Hospitals, doctors, nurses, clinics, dentists, pharmacists, and other licensed healthcare providers and facilities may be held liable if their negligence caused harm.

What is the pre-suit investigation process?

Before filing suit, you and your attorney must notify the healthcare provider of your intent, secure a corroborating medical expert affidavit, and participate in a 90-day period during which both sides investigate the facts and may negotiate a settlement.

What if the patient died as a result of malpractice?

The family may be eligible to file a wrongful death claim under Florida law. There are specific rules about who can bring such a claim and what damages may be sought.

How much does it cost to hire a medical malpractice lawyer in Florida?

Most lawyers accept these cases on a contingency fee basis, meaning they only collect a fee if you win or settle your case. Fee percentages and costs should be discussed up front.

Additional Resources

  • Florida Department of Health - Offers information on licensing and disciplinary actions for healthcare professionals.
  • Florida Bar - Offers lawyer referral services and consumer information regarding malpractice law.
  • Agency for Health Care Administration (AHCA) - Oversees health care facilities and maintains public records of complaints and provider inspections.
  • Consumer Advocacy Groups - Some organizations offer support for patients and families affected by medical errors.

Next Steps

If you believe you or a loved one has been harmed due to medical malpractice in Florida, consider taking the following steps:

  • Document all details related to the incident, including medical records, bills, and communications with healthcare providers.
  • Contact a licensed Florida medical malpractice lawyer for an initial consultation as soon as possible, given the importance of meeting legal deadlines.
  • Gather any witnesses and information that may support your claim.
  • Be prepared to discuss all aspects of your medical care leading up to the injury or harm.

Prompt action and informed decisions are critical. An experienced attorney can help you understand your rights, navigate Florida's complex laws, and pursue fair compensation for your losses.

Lawzana helps you find the best lawyers and law firms in Florida through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Medical Malpractice, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Florida, United States - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.