What to Do After a Suspected Medical Error in Florida

Your health comes first. If a complication is ongoing, get care, and consider a second opinion from a provider outside the practice or hospital involved. A new provider can treat the problem without a stake in how it started. Tell the new provider everything, including what you were told before and after the procedure. Do not delay treatment because you are thinking about a claim; a gap in care can harm your health and can be used against you later.

You have a legal right to your records. Florida law requires a health care practitioner, on a patient’s or legal representative’s request, to furnish copies “in a timely manner,” and the furnishing of records “shall not be conditioned upon payment of a fee for services rendered.” § 456.057(6), Fla. Stat. The practitioner may charge no more than the actual cost of copying, including reasonable staff time, or the amount set by rule. § 456.057(17).

“in a timely manner,”

§ 456.057(6), Florida Statutes

Ask in writing for the complete chart, not a summary: office notes, operative and anesthesia reports, nursing notes, medication administration records, lab and imaging results and the images themselves, discharge instructions, and billing records. Hospitals and individual physicians keep separate records, so request from each. Keep copies of what you send and when.

Memories fade quickly, and the details are often what matter. Write down, with dates and times as best you can: the symptoms you reported and to whom, what you were told, when tests were ordered and when results came back, who performed the procedure, what happened after discharge, and every call, portal message or visit since. Include the names of family members who were present and what they saw. Save portal messages, appointment reminders, prescription labels and photographs of visible injuries.

After an adverse outcome, a provider or insurer may contact you, offer to waive a bill, or ask you to sign documents. Read anything before you sign it and ask what it does. You do not need to confront the provider or post about it online. Neither helps your health or a potential claim.

Florida’s deadline is strict. An action for medical malpractice “shall be commenced within 2 years from the time the incident giving rise to the action” occurred, or within 2 years from when the incident is discovered or should have been discovered with due diligence. In most cases, there is also an outer limit: “in no event shall the action be commenced later than 4 years from the date of the incident,” with exceptions for fraud or concealment and for claims on behalf of young children. § 95.11(5)(c), Fla. Stat.

“shall be commenced within 2 years from the time the incident giving rise to the action”

§ 95.11(5)(c), Florida Statutes

Two years can be shorter than it sounds. Before a lawsuit can be filed, the law requires an investigation, a written medical opinion supporting the claim, and a formal notice to each provider followed by a 90-day waiting period. Gathering records and having them reviewed by a qualified physician takes time. The safest course is to talk to a lawyer well before the deadline.

A bad outcome is not, by itself, malpractice. The question is whether the provider’s care fell below the prevailing professional standard of care, and whether that failure caused the injury. Florida law defines that standard as “that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.” § 766.102(1). Answering that question requires a physician in the same or a similar field to review the records. Our guide to how Florida medical malpractice claims work explains that process.

“that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”

§ 766.102(1), Florida Statutes

When a patient dies, Florida’s Wrongful Death Act controls who may recover and what damages are available. For claims of medical negligence, the statute currently provides that certain damages “shall not be recoverable by adult children” and “shall not be recoverable by parents of an adult child.” § 768.21(8). This limitation surprises many families, and it is one of the first questions we review in a death case.

“shall not be recoverable by adult children”

§ 768.21(8), Florida Statutes

We review the records with you, identify the questions that matter, and when the facts warrant it, have the care reviewed by a qualified physician in the right field before any claim is made. If the review does not support a claim, we tell you that plainly. If you believe something went wrong in your care or a family member’s care anywhere in Florida, call us at 305-748-3789 for a free, confidential review. Meetings by appointment only.