When you visit a health care provider, you trust them to prioritize your well-being and deliver the care you need. But when medical errors occur, the results can be life-changing. If you or a loved one has been harmed by what you believe to be medical malpractice in Florida, understanding how the law defines malpractice is an important first step.
This blog from a Florida medical malpractice attorney at DiBiaggio Law breaks down the key elements of medical malpractice claims, the role of expert witnesses, and the legal requirements involved in pursuing a case. With this knowledge, you can begin to assess whether your situation may qualify as medical malpractice under Florida law.
What Is Medical Malpractice in Florida?
Medical malpractice occurs when a health care provider’s negligence results in harm to a patient. In Florida, negligence means the provider failed to meet the prevailing professional standard of care. This standard is defined as the level of care, skill, and treatment that a reasonably prudent health care provider in the same field would provide under similar circumstances.
For example, if a doctor misdiagnoses a condition because they failed to order standard tests, and this oversight causes harm, that may be considered medical malpractice. Florida law governing medical malpractice is primarily outlined in Florida Statutes §766.102.
The Four Key Elements You Must Prove
To succeed in a medical malpractice case in Florida, you need to prove four key elements:
- A Doctor-Patient Relationship Existed: You must show that a formal doctor-patient relationship existed. This means the health care provider had a legal duty to treat you and provide care. Casual advice from a doctor or interactions outside a professional setting typically don’t qualify.
- The Provider Breached the Standard of Care: You’ll need to demonstrate that the health care provider’s actions—or lack thereof—did not meet the standard of care. This often requires testimony from medical professionals in the same field to explain what the standard should have been and how it was breached.
- The Breach Directly Caused Your Injury: It’s not enough to show that the provider was negligent. You must also prove that their negligence caused your injury or worsened your condition. This is referred to as “causation.”
- You Suffered Damages as a Result: Finally, you must show that the injury led to damages, such as medical bills, lost wages, pain and suffering, or loss of earning capacity. Without damages, there’s no basis for a malpractice claim.
The Role of Expert Witnesses in Florida
Florida law requires that medical malpractice claims include testimony from qualified expert witnesses. These experts must work in the same field as the defendant and provide an affidavit stating that the provider’s actions fell below the acceptable standard of care.
If the expert is not licensed in Florida, they must obtain an Expert Witness Certificate to testify. This certificate allows out-of-state physicians or those licensed in Canada to provide expert testimony in Florida courts. However, Florida-licensed physicians do not need this certificate and may serve as expert witnesses if they meet the statutory requirements, such as having practiced in the same specialty during the three years prior to the alleged incident.
Expert witnesses play a critical role in clarifying complex medical concepts for the court and explaining how the provider’s actions deviated from accepted standards. Whether in-state or out-of-state, their testimony is often the backbone of a successful medical malpractice claim.
The Pre-Suit Process in Florida
In Florida, before filing a medical malpractice lawsuit, you must adhere to a pre-suit process as outlined in Florida Statutes §766.106. This process includes:
- Notice of Intent to Initiate Litigation: You must notify each prospective defendant of your intent to file a medical malpractice claim. This notice should include a verified written medical expert opinion corroborating reasonable grounds to support the claim of medical negligence.
- Investigation Period: After receiving the notice, the prospective defendant has 90 days to conduct a review to determine their liability. During this period, both parties engage in informal discovery, which may involve the exchange of documents, medical records, written questions, and unsworn statements.
- Presuit Screening Panel: In some instances, the claim may be evaluated by a panel of medical experts to assess its merit.
You must complete this pre-suit process before proceeding to court, as failure to do so can result in the dismissal of your case.
Time Limits for Filing a Medical Malpractice Claim
Florida law imposes strict deadlines for medical malpractice claims, outlined in Florida Statutes §95.11(4)(b):
- Two-Year Rule: You have two years from when you discover, or should have discovered, the malpractice to file a claim.
- Four-Year Limit: No claim can be filed more than four years from the date of the malpractice, regardless of discovery.
- Fraud Exception: If fraud or concealment delayed discovery, you may have up to seven years.
- Minors: Claims for children under eight must be filed before their eighth birthday.
Acting promptly is essential to avoid missing these deadlines.
Common Challenges in Proving Medical Malpractice
Medical malpractice cases are often complex and heavily contested. Some common challenges include:
- Proving Causation: Demonstrating that the provider’s negligence caused your injury can be difficult, especially if you had pre-existing conditions.
- Securing Expert Testimony: Finding a qualified expert who can testify in your favor is critical but may take time.
- High Burden of Proof: The burden is on you to prove each element of malpractice, and the health care provider will likely have legal representation to dispute your claims.
These challenges highlight the importance of thorough preparation when pursuing a malpractice claim.
Damages You May Recover
If your medical malpractice claim is successful, you may recover damages for:
- Medical expenses related to the injury, including future treatment costs
- Lost wages or diminished earning capacity
- Non-economic damages such as pain and suffering
Florida law caps non-economic damages in certain cases, though these caps have been subject to legal challenges. You can refer to Florida Statutes §766.118 for more information on damage limitations.
Proving medical malpractice in Florida is no small task, but understanding the legal requirements and steps involved can help you make informed decisions about your case. From gathering evidence to securing expert testimony, each step plays a crucial role in building a strong claim.
If you believe you’ve been harmed by medical negligence, consulting with a West Palm Beach injury attorney who focuses on malpractice cases can provide clarity on the next steps for your situation.
Take the First Step Toward Justice After Medical Malpractice
Facing the aftermath of medical negligence can feel overwhelming, especially when you’re dealing with physical, emotional, and financial challenges. At DiBiaggio Law, we understand the toll medical malpractice takes on your life and your family.
Florida medical malpractice attorney Deirdre DiBiaggio is committed to helping Floridians pursue justice in the wake of medical errors. She will carefully review your case, explain your legal options, and guide you through each step of the process with compassion and care.
Medical providers and their insurers often work to minimize their responsibility, but you don’t have to face this alone. Let DiBiaggio Law stand by your side to protect your rights and advocate for the resolution you need.
Call DiBiaggio Law at (561) 473-9800 or fill out our confidential online form for a FREE consultation. Share your story, get answers to your questions, and learn how we can help you seek justice.
Time is limited—Florida law imposes strict deadlines for filing a claim, and the sooner you take action, the better positioned you’ll be to build your case. At DiBiaggio Law, we’re here to shoulder the legal burdens so you can focus on what matters most: your health and recovery.
Copyright © 2025. DiBiaggio Law. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
DiBiaggio Law
605 Belvedere Road, Suite 17
West Palm Beach, FL 33405
(561) 473-9800
https://www.dibiaggiolaw.com
