Norden Leacox Accident & Injury Law | May 7, 2025 | Orlando Personal Injury Blog

What Constitutes Medical Malpractice in Florida?

When you go to the doctor or hospital, you expect to be treated with care and professionalism. Unfortunately, medical professionals can make mistakes, even serious errors that cause long-lasting harm. When a medical error results in injury or wrongful death, it may be considered medical malpractice under Florida law.

Medical malpractice is a complex area of law, but understanding the basics can help you recognize if you or a loved one may have a case.

What Is Medical Malpractice?

Medical malpractice happens when a healthcare provider is negligent and fails to meet the accepted standard of care, and that failure causes injury to a patient. In Florida, the standard of care is what a similar healthcare provider who is reasonably careful, skilled, and prudent would do under similar circumstances.

Medical malpractice in Florida requires proving all of these elements: 

  • A doctor-patient relationship existed.
  • The provider acted negligently or failed to follow accepted standards.
  • That negligence or breach of duty caused your injury.
  • You suffered damages as a result.

It’s important to note that a poor outcome isn’t necessarily malpractice. Sometimes, treatment doesn’t work even when doctors do everything right. The key is whether the provider’s actions were unreasonably careless or deviated from what other professionals would have done. 

Common Examples Of Medical Malpractice

Medical malpractice can happen in many ways. Here are some of the most common examples:

  • Misdiagnosis
  • Delayed diagnosis
  • Failure to treat
  • Failure to order tests
  • Radiology and lab errors
  • Surgical errors
  • Anesthesia errors
  • Medication mistakes
  • Birth injuries
  • Inadequate follow-up
  • Failure to inform of risks

Medical malpractice can occur at any stage of treatment and involve any type of healthcare professional. 

What Are Common Causes of Medical Malpractice?

These errors may be caused by many factors. The most common underlying causes are: 

Poor judgment, especially inadequate patient evaluation, is a factor in about 60% of malpractice cases. 

What Makes Medical Malpractice Cases Different?

Medical malpractice claims are often more difficult than other personal injury cases. One reason is that Florida law requires several extra steps before a lawsuit can even begin.

Before you can file a medical malpractice lawsuit, these requirements must be met: 

  • The attorney must perform a pre-suit investigation. This includes collecting medical records and reviewing the facts of the case. A “certificate of counsel” must be included with the filing. 
  • Serve a notice of intent. This lets the healthcare provider know you intend to sue, and gives them 90 days to respond.
  • A written medical expert opinion must be provided. This opinion by a qualified medical provider must corroborate reasonable grounds to bring a case. 

These steps are meant to reduce the number of weak claims, but they also make it harder for injured patients to seek justice without legal assistance.

Who Can Be Held Liable?

Any licensed healthcare provider may be liable in a malpractice claim, including:

  • Doctors
  • Surgeons
  • Nurses
  • Anesthesiologists
  • Hospitals, clinics, birth centers, and urgent care centers
  • Nursing homes and assisted living facilities

In some cases, multiple parties may share fault. 

How Long Do I Have To File A Lawsuit?

In Florida, you generally have two years from the date you discovered, or should have discovered, the malpractice. However, no case can be filed more than four years after the incident. The only exceptions are cases involving fraud, concealment, or intentional misrepresentation.

The law allows more time to file for cases involving children under age 8. Still, deadlines can be tricky, and waiting too long could mean losing your right to compensation.

Medical malpractice claims are complex, involving unique legal requirements and substantial expert testimony. If you suspect you suffered harm due to a medical professional’s mistake, it’s important to consult with an attorney. Time is limited, so it’s crucial for a lawyer to begin working on your case as soon as possible. 

Contact an Orlando Personal Injury lawyer at Norden Leacox Accident & Injury Law Today

For more information, please contact Norden Leacox Accident & Injury Law to schedule a free consultation. We have five convenient locations in Florida, including Orlando, Palm Bay, Melbourne, Cocoa, and Titusville.

Norden Leacox Accident & Injury Law – Orlando, FL Office
633 E Colonial Dr
Orlando, FL 32803
Phone: (407) 801-3000
Hours: Open 24/7
Our firm is located near you. We have an office in Orlando, FL.
Find us with our GeoCoordinates: 28.5534238,-81.3692001

Norden Leacox Accident & Injury Law – Palm Bay, FL Office
4620 Lipscomb Street N.E Suite #3K
Palm Bay, FL 32905
Phone: (321) 677-5964
Hours: Open 24/7
Our firm is located near you. We have an office in Palm Bay, FL.
Find us with our GeoCoordinates: 28.039083,-80.6083109

Norden Leacox Accident & Injury Law – Melbourne, FL Office
1600 W Eau Gallie Blvd #205j
Melbourne, FL 32935
Phone: (321) 450-7134
Hours: Open 24/7
Our firm is located near you. We have an office in Melbourne, FL.
Find us with our GeoCoordinates: 28.1289147,-80.6461588

Norden Leacox Accident & Injury Law – Cocoa, FL Office
717 S Cocoa Blvd STE 203
Cocoa, FL 32922
(321) 449-8042
Hours: Open 24/7
Our firm is located near you. We have an office in Cocoa, FL.
Find us with our GeoCoordinates: 28.3511613,-80.7312948

Norden Leacox Accident & Injury Law – Titusville, FL Office
4527 S Hopkins Ave Suite B
Titusville, FL 32780
Phone: (407) 801-3000
Hours: Open 24/7
Our firm is located near you. We have an office in Titusville, FL.
Find us with our GeoCoordinates:28.5584923,-80.8010051