Pensacola Medical Malpractice Attorney
Quick Answer
Florida medical negligence claims require a pre-suit investigation with a corroborating affidavit from a qualified expert in the same specialty before suit can be filed. The limitations period is generally two years from discovery, with a four-year statute of repose and limited exceptions.
Key Takeaways
- Chapter 766 pre-suit notice and expert corroboration are mandatory.
- The standard is the accepted level of care, not a bad outcome.
- The two-year discovery rule is capped by a four-year repose period.
The Standard of Care
A provider is negligent when treatment falls below the level of care, skill, and treatment recognized as acceptable by similar providers under similar circumstances. Poor outcomes alone are not malpractice; the case turns on whether the decision or omission was outside accepted practice and caused avoidable harm.
Florida's Pre-Suit Requirements
Before filing, the claimant must conduct a reasonable investigation, serve a notice of intent on each prospective defendant, and provide a verified written medical expert opinion. A 90-day pre-suit period follows in which the defense investigates and responds, and informal discovery occurs.
Common Claim Categories
Surgical error, anesthesia complications, delayed or missed diagnosis of cancer, stroke, or infection, medication and dosing errors, birth-related injury, emergency department failures, and inadequate informed consent.