Medical Malpractice in Florida

Florida Medical Malpractice: Overview

Florida medical malpractice law is governed by Chapter 766 of the Florida Statutes — the Medical Malpractice Act. Florida has one of the most procedurally demanding pre-suit frameworks in the United States, requiring a mandatory 90-day investigation period before any lawsuit can be filed.

In 2017, the Florida Supreme Court eliminated the state's non-economic damage caps, making Florida one of the uncapped states for compensatory damages. Florida cases — particularly in Miami-Dade, Broward, and Palm Beach Counties — frequently produce high-value verdicts.

Florida Statute of Limitations

Florida Statutes § 95.11(4)(b) provides:

Standard rule: 2 years from discovery

The action must be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered or should have been discovered.

4-year absolute limit (statute of repose)

No action shall be brought more than 4 years after the act or omission giving rise to the action — except where fraud, concealment, or intentional misrepresentation prevented discovery, in which case the period is 7 years.

Minors and the 90-day notice period

The 90-day pre-suit notice period tolls the limitations period. For minors, the rules are complex — particularly for birth-related neurological injuries subject to the Florida Birth-Related Neurological Injury Compensation Association (NICA) program. Always consult Florida-licensed counsel for minor claims.

No Damage Cap in Florida

Following Kalitan (2017), Florida has no statutory cap on non-economic or total compensatory damages in medical malpractice cases. This makes Florida — particularly South Florida with its plaintiff-favorable jury pools — one of the highest-value malpractice litigation environments in the United States. Economic damages and non-economic damages are both fully recoverable without limitation.

Florida's Mandatory Pre-Suit Requirements

Florida has the most demanding pre-suit framework of any major malpractice state:

Step 1: Pre-suit investigation (before notice)

Before sending pre-suit notice, the plaintiff's attorney must conduct a reasonable investigation to determine that there are grounds for a good faith belief that malpractice occurred and caused the injury.

Step 2: Corroborating expert opinion

The attorney must obtain a verified written medical expert opinion corroborating that there are reasonable grounds to believe malpractice occurred. This opinion must come from an expert qualified under § 766.102.

Step 3: 90-day pre-suit notice

At least 90 days before filing suit, the plaintiff must serve pre-suit notice on each defendant. The notice must include the corroborating expert opinion.

Step 4: Defendant's investigation period

Each defendant has 90 days to investigate the claim and respond — accepting liability, rejecting the claim, or making a settlement offer.

Step 5: Failure to respond

If the defendant fails to respond within 90 days, the plaintiff may file suit. If the defendant rejects the claim, the plaintiff may file suit.

The 90-day notice tolls the limitations period during the investigation period. Failure to comply with Florida's pre-suit requirements results in dismissal of the lawsuit. The procedural requirements are strictly enforced.

Expert Requirements in Florida

Florida Statutes § 766.102 imposes specific expert qualification requirements. The standard of care expert must be:

• A licensed physician
• Specializing in the same specialty as the defendant or a similar specialty
• Actively practicing at the time of testimony or retired within the preceding 5 years

Florida applies the Daubert standard for expert admissibility (adopted by the Florida Supreme Court in 2019).

Florida Court System for Malpractice

Florida malpractice cases are filed in the Circuit Court — Florida's trial court of general jurisdiction for civil cases exceeding $30,000 — in the county where the malpractice occurred or where a defendant resides. Significant malpractice cases are filed in Miami-Dade, Broward, and Palm Beach Circuit Courts. The Florida District Courts of Appeal and the Florida Supreme Court handle appeals.

Common Defendants in Florida Malpractice

HCA Healthcare (headquartered in Nashville but dominant in Florida), AdventHealth, Baptist Health South Florida, Jackson Health System (Miami-Dade County's public hospital system), and BayCare Health System are major defendants.

Government hospitals: Jackson Memorial Hospital and other county public health facilities require compliance with sovereign immunity notice provisions — though Florida's sovereign immunity damages cap ($200,000 per claim, $300,000 per incident for government tort claims under § 768.28) can significantly limit recovery against government-owned facilities.

Notable Florida Malpractice Law

NICA (Florida Birth-Related Neurological Injury Compensation Association)

Florida has a unique no-fault compensation system for birth-related neurological injuries caused by oxygen deprivation or mechanical injury during labor and delivery. NICA provides compensation through an administrative process, but — critically — a NICA claim is the exclusive remedy for covered birth injuries. Families whose claims fall within NICA cannot pursue a tort malpractice lawsuit. Determining whether a birth injury is covered by NICA is a threshold legal question in every Florida birth injury case.

Fabre defendants

Florida's modified comparative fault system allows defendants to allocate fault to non-parties (Fabre defendants). This can reduce the defendant's liability even where the non-party cannot be brought into the lawsuit.

Finding a Medical Malpractice Attorney in Florida

The Florida Bar's Board Certification in Civil Trial Law or Aviation Law identifies specialist trial attorneys. The Florida Justice Association (FJA) member directory is an additional resource for plaintiff's malpractice attorneys.