Who Can Sue for Medical Malpractice in Florida?

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A case of medical malpractice can cause much hardship for you and your family. Whether you or a loved one has been wronged, the next question is what you can and should do next. Do you need to sue the doctor or hospital? What evidence is required? Can you even sue? 

Medical malpractice comes with a lot of questions in addition to a lot of pain. We want to help you get the answers to those questions and help you understand who can sue for medical malpractice in Florida. 

Requirements of a Medical Malpractice Case in Florida

A medical malpractice case occurs when a healthcare provider does not care for a patient with the proper and accepted healthcare techniques or principles. Providers can include any doctors, nurses, and technicians that care for a patient. 

The victim who sustained injuries or their loved ones can sue for damages. However, a claimant will need to prove that a health care provider acted wrongly and not in line with good practices. You or your attorney will need to determine if the malpractice can be proven

In addition to who can sue for medical malpractice in Florida, you’ll also want to consider who you can sue. The defendant will be the healthcare provider responsible for the negligence.

You may even be able to sue a hospital. But that will depend on whether it is a public hospital or a private clinic. If it is a public hospital, you will need to file the lawsuit a little differently than your average medical malpractice suit. Contact us today for more information.

Medical Negligence Law in Florida

Medical malpractice can be a variety of situations. It’s not just one common error or injury that is tried in medical malpractice. It is considered medical malpractice when a healthcare provider has acted negligently. So these cases can look completely different from one another. 

Here are just some examples of how a healthcare provider may commit this negligence, opening the doors for who can sue for medical malpractice in Florida:

  • Failure to diagnose
  • Missed laboratory results
  • Surgical errors
  • Unnecessary surgical procedures
  • Wrong medications
  • Insufficient aftercare
  • Failure to take an accurate patient history

There doesn’t need to be intent in a medical malpractice case, but there might be. For example, a doctor may not perform a test that would have diagnosed the patient because the doctor doesn’t want to cover the bill if the patient can’t afford the test. But it might be sheer, accidental negligence as well. For example, a nurse leaves something behind, like a sponge inside the patient during surgery. 

Filing a Medical Malpractice Lawsuit in Florida

Based on the incident, you might have a case to pursue. But there are a few more factors to ensure that you can sue for medical malpractice in Florida, including the timing and your relationship to the neglected patient. 

Medical Malpractice Deadlines in Florida

To file a medical malpractice suit in Florida, you will need to file within two years of discovering the malpractice. That means it doesn’t need to be two years since the date of the incident. It might be, but it is determined by when you or the patient discovered that there was malpractice. 

There are some exceptions such as Tony’s Law, which extends the statute of limitations for children under 8. But situations may vary, so speak with an attorney to ensure that you are still within the statute of limitations. 

Can Loved Ones Sue for Medical Malpractice in Florida?

When discussing who can sue for medical malpractice in Florida, it’s important to remember that rights also extend to victims’ loved ones. However, this only occurs when a patient is severely and permanently injured or passes away due to their injuries. In that case, spouses or parents may be able to file a wrongful death suit

If your child or spouse has been injured due to medical negligence, you will want to seek damages for the pain and suffering caused. Your right to sue can depend greatly on the specifics of the case. So speaking with an attorney is the only way to guarantee that you can sue for medical malpractice in Florida. 

When to Get an Attorney for Medical Malpractice Claims

Medical malpractice cases require evidence showing that the wrongdoing was “more likely than not.” Florida law requires you to get another healthcare provider to prove that negligence caused the injury. Knowing what to look for and understanding how much evidence is enough is complicated. That is why we highly recommend seeking professional representation for your case. 

Medical injury attorneys generally work on a contingency fee basis. This means that you don’t pay for them directly. In fact, they only get paid if you win. Their fee is typically a percentage of the settlement. 

An attorney will not only help you understand who can sue for medical malpractice in Florida, but they can increase the likelihood of you winning. That’s because they are experienced, so they will guide you through the process, avoid common errors, and know how to find the necessary evidence.

Contact our Medical Injury Attorneys to See How Our Firm Can Help You

To understand who can sue for medical malpractice in Florida, you’ll want to make sure that what you have is truly a medical malpractice case. If you believe you have a case, gathering the right evidence, understanding who to sue, and proving that wrongdoing was more likely than not are all essential for your suit. 

This can be a complicated and overwhelming process. And handling all of this while recovering from the malpractice done can be stressful. That’s why our team is dedicated to helping victims and their families recover. 

Whether you want to further understand who can sue for medical malpractice in Florida or you’re looking for representation, we can help. Contact our firm to get a consultation with our medical injury attorneys and get the support you need.


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Tommy Hastings and his team of personal injury attorneys have successfully tried and settled thousands of medical negligence lawsuits across Texas & Florida, resulting in the recovery of millions of dollars in compensation for their clients. These results have earned them the reputation of being one of the best medical malpractice plaintiff firms in the nation.