How to File a Claim with a Medical Malpractice Lawyer in Florida

When medical care falls below accepted professional standards and causes harm, a medical malpractice lawyer in Miami can use Florida law to hold negligent health care providers accountable. If you believe you or a family member was injured by medical negligence in Florida, the process can feel overwhelming. This guide explains in plain language what medical malpractice means under Florida law, how to recognize it, the steps to begin a claim, how the wrongful death framework can apply, how to choose the right attorney, and what timeline to expect from start to finish. Where helpful, it also points to Florida statutes and procedures so you know what the law actually requires.

Understanding Medical Malpractice

Medical malpractice—called “medical negligence” in Florida’s statutes—occurs when a health care provider fails to meet the prevailing professional standard of care and that failure causes injury. In litigation, expert testimony is generally required to identify what the standard of care demanded under the circumstances and how the provider’s conduct fell short. Florida sets out these expert and standard-of-care rules in Chapter 766 of the Florida Statutes, including section 766.102.

Signs of Malpractice

Not every poor outcome is negligence. However, warning signs can include a clear departure from established protocols, a failure to order obvious tests, an error in surgery or anesthesia, a significant medication error, a missed or delayed diagnosis that a reasonably careful provider would have made, or a lack of informed consent for material risks. An experienced Florida attorney will evaluate the medical records and consult with qualified experts to decide whether the facts support a claim under Florida’s standard-of-care statute.

Types of Medical Malpractice Cases

Common categories of medical negligence include diagnostic errors, negligent treatment, surgical or anesthesia mishaps, birth injuries, emergency department errors, medication and pharmacy errors, nursing and hospital negligence, and negligent follow-up or discharge. Each category raises different expert questions about what a reasonably careful provider would have done and what caused the injury. Florida’s expert-qualification and testimony rules are strict and have evolved alongside the state’s adoption of the Daubert standard for expert evidence.

Steps to File a Claim with a Medical Malpractice Lawyer in Miami

Before starting the process, a medical malpractice lawyer in Miami will explain that Florida does not allow a patient to immediately file a medical malpractice lawsuit. The legislature requires a presuit investigation and notice process that is intended to screen claims and encourage early resolution.

First, you and your attorney conduct a good-faith presuit investigation. This includes collecting and reviewing medical records and obtaining a corroborating written opinion from a qualified medical expert stating that there are reasonable grounds to believe malpractice occurred and caused injury. Florida Statutes section 766.203 addresses the presuit investigation and expert corroboration.

Second, once the investigation is complete, your attorney serves a formal notice of intent to initiate litigation on each prospective defendant. The notice must be sent by certified mail and must include the expert’s corroborating opinion and a statutory authorization that allows the provider and insurer to obtain relevant health information. Upon service of the notice, a ninety-day presuit screening period begins. During that time, the defendants and their insurers must evaluate the claim, may request informal discovery, and may admit liability, deny liability, or make a settlement offer.

Third, the statute of limitations is paused during that ninety-day period. When the screening period ends, the claimant has the longer of sixty days or the remainder of the limitations period to file suit. Florida’s medical malpractice statute of limitations is generally two years from when the incident occurred or was discovered with due diligence, subject to a four-year statute of repose, with a special exception for minors up to the child’s eighth birthday and a potential extension for fraud, concealment, or misrepresentation.

Gathering Evidence

Begin preserving evidence early. Request complete medical records from every provider, laboratory, imaging facility, and pharmacy. Keep a journal of symptoms, appointments, and conversations. Save bills, insurance explanations of benefits, employment records that show missed work, and receipts for out-of-pocket expenses. A medical malpractice lawyer in Miami will assemble these materials for expert review and ensure the presuit corroboration meets Florida’s qualifications for experts in the same or similar specialty.

Initial Consultations with a Florida Attorney

During the first meetings, an attorney should listen carefully to your account, identify the key medical decision points, and explain the presuit requirements, deadlines, and costs. Expect the attorney to discuss whether the facts likely satisfy the prevailing professional standard of care and causation, whether damages justify litigation, and how fees and costs would work if the case proceeds. Counsel should also explain the ninety-day presuit screening period, your cooperation duties during informal discovery, and next steps if the insurer denies liability.

How a Miami Medical Malpractice Lawyer Can Help During Wrongful Death Cases

When malpractice results in death, Florida’s Wrongful Death Act controls who may recover and what damages are available. This is a specialized area and Florida has unique limits that often surprise families. For example, Florida statutes restrict the recovery of non-economic damages in medical negligence death cases for certain adult survivors, a provision that has been the subject of repeated legislative attention. A wrongful death attorney will identify the proper survivors, coordinate the opening of an estate when necessary, and value claims for medical expenses, lost support and services, funeral costs, and eligible non-economic damages

Choosing the Best Medical Malpractice Lawyer in Florida

Medical malpractice is expert-driven, resource-intensive litigation with strict presuit rules. When selecting counsel, consider whether a medical malpractice lawyer in Miami has deep familiarity with Florida’s presuit investigation requirements, access to qualified medical experts in the relevant specialties, and a proven track record litigating Chapter 766 issues. Ask how the firm staffs expert screening, manages the ninety-day presuit period, and positions cases for early resolution or trial. The right lawyer should be able to explain, in plain terms, the standard of care, causation, and damages issues in your matter, and should provide a clear plan for gathering records, complying with presuit disclosures, and filing suit within the limitations period if settlement efforts fail.

The Legal Process and Timeline

From the first call to resolution, the process follows a statutory rhythm. After your attorney completes the expert-supported presuit investigation and serves the notice, the ninety-day screening period begins. The insurer conducts its review, the parties exchange informal discovery, and the insurer either admits liability and seeks to negotiate, denies liability, or offers arbitration. When the period ends, any tolling is accounted for and the statute of limitations clock resumes. If the case proceeds, the attorney files a lawsuit and formal discovery begins, including depositions of treating providers and experts. Expert qualification remains central from start to finish under section 766.102 and related evidentiary standards. A diligent attorney will track the paused limitations period, any additional clerk extensions authorized by law, and the sixty-day filing window after presuit concludes, so your claim is timely.

While every case is different, most matters involve months of record collection and expert analysis before presuit, a ninety-day screening interval, and then litigation that can range from several additional months to more than a year depending on complexity, court schedules, and the defense posture. Early, thorough preparation during presuit often improves the chances of timely resolution.

Final Thoughts

Pursuing a medical malpractice claim in Florida is a structured process that rewards preparation and patience. The strongest cases begin with prompt preservation of records, careful expert review, and strict compliance with Florida’s presuit investigation and notice requirements. From there, success depends on clear proof of the standard of care, credible analysis of causation, and a realistic assessment of damages within the deadlines set by statute. Choosing counsel who understands these rules, who can communicate with medical experts in the correct specialties, and who will track the statute of limitations and presuit tolling is essential. If you believe negligence caused harm to you or a loved one, do not delay. Gather your records, document your losses, and speak with a qualified Florida attorney who can translate the law into a practical plan, protect your rights at each step, and work toward a resolution that provides accountability and fair compensation.

This article is for general information only and is not legal advice. Every case depends on its facts and the precise language of the governing statutes and rules. If you need advice about a potential medical malpractice or wrongful death claim in Florida, consider speaking with an experienced Florida attorney who can evaluate your records, consult with qualified experts, and guide you through Florida’s presuit and litigation requirements.

©2025 The Hernandez Legal Group wrote and published this article. All rights reserved.