Who Can Sue for Medical Malpractice in Florida?

Written by the Hughes and Barnard Law Firm, PA marketing team and reviewed by Attorney Howard Hughes to ensure quality and accuracy.

Medical malpractice can have devastating consequences, leaving victims with severe injuries, financial burdens, and emotional distress. If you or a loved one has suffered due to a healthcare provider’s negligence, you may be wondering who is eligible to file a lawsuit. At Hughes and Barnard Law Firm, PA, we are committed to helping victims of medical malpractice understand their rights and seek the justice they deserve.

Understanding Medical Malpractice in Florida

Medical malpractice occurs when a healthcare professional, such as a doctor, nurse, or hospital, fails to provide an acceptable standard of care, resulting in harm to the patient. Common examples of medical malpractice include:

Misdiagnosis or failure to diagnose a serious condition

Surgical errors, such as operating on the wrong site

Medication errors, including incorrect prescriptions or dosages

Birth injuries due to negligence during labor or delivery

Anesthesia errors leading to complications or death

Failure to obtain informed consent from a patient before treatment

Medical malpractice laws in Florida are designed to protect victims by allowing them to seek financial compensation for their losses. However, understanding who has the legal right to file a claim is essential to pursuing a successful case.

Eligibility to File a Medical Malpractice Lawsuit in Florida

Under Florida law, only certain individuals have the legal standing to file a medical malpractice claim. These include:

1. The Injured Patient

The person directly harmed by medical negligence has the right to sue for damages. This includes cases involving surgical errors, misdiagnoses, medication mistakes, or inadequate treatment. Patients can seek compensation for:

2. The Legal Representative of the Injured Patient

If the injured person is a minor, incapacitated, or otherwise unable to file a claim, a legal guardian or personal representative may initiate the lawsuit on their behalf. This ensures that those who cannot advocate for themselves still have access to legal remedies.

3. The Personal Representative of a Deceased Patient

If medical malpractice results in death, Florida law allows the personal representative of the deceased’s estate to file a wrongful death claim. However, only certain surviving family members—such as a spouse, children, or, in some cases, parents—may recover damages. The damages recoverable in wrongful death cases may include:

Florida’s Medical Malpractice Lawsuit Requirements

Filing a medical malpractice lawsuit in Florida involves several legal requirements, including:

Proving Negligence

The plaintiff must demonstrate that the healthcare provider breached the standard of care, directly resulting in harm. This is done by showing:

The healthcare provider had a duty of care toward the patient

The provider failed to meet the accepted medical standard

The failure caused injury or harm to the patient

The patient suffered damages as a result

Pre-Suit Investigation

Florida law requires a medical expert’s sworn affidavit confirming the validity of the malpractice claim before filing. This process ensures that only legitimate claims proceed to court.

Statute of Limitations

Victims typically have two years from the date of injury (or discovery of the injury) to file a claim. In cases where the injury was not immediately apparent, the statute of limitations may be extended. However, Florida has a four-year statute of repose, meaning that claims cannot be filed more than four years after the malpractice occurred, except in cases of fraud, concealment, or misrepresentation.

Caps on Damages

Florida previously had caps on non-economic damages (such as pain and suffering), but these were ruled unconstitutional. This means victims can pursue full compensation for both economic and non-economic damages.

How Hughes and Barnard Law Firm, PA Can Help

Medical malpractice cases are complex and require skilled legal representation. Our experienced attorneys will:

Conduct a comprehensive investigation of your case
Work with medical experts to establish negligence
Handle all legal procedures, including filing the necessary paperwork
Negotiate with insurance companies on your behalf
Pursue maximum compensation for your damages through settlement or trial

At Hughes and Barnard Law Firm, PA, we understand the physical, emotional, and financial toll that medical malpractice can take on victims and their families. We are dedicated to fighting for justice and ensuring that those responsible for medical negligence are held accountable.

Contact Us for a Free Consultation

If you believe you have a medical malpractice claim, don’t wait to seek legal advice. The sooner you take action, the better your chances of obtaining the compensation you deserve. Contact Hughes and Barnard Law Firm, PA today for a free, no-obligation consultation. Our team is ready to listen to your case and help you navigate the complexities of Florida’s medical malpractice laws.