Health & Medical in Florida

Florida provides a two-year statute of limitations from discovery of the malpractice, with a four-year absolute repose period under Fla. Stat. § 95.11(4)(b). Before filing, Florida requires a 90-day pre-suit investigation and notice process under § 766.106, which tolls the limitations period during that window.

No. The Florida Supreme Court struck down Florida's previous statutory cap on non-economic malpractice damages as unconstitutional in 2017 (North Broward Hosp. Dist. v. Kalitan). This means Florida juries may currently award unlimited non-economic damages in medical malpractice cases.

Before filing a malpractice lawsuit in Florida, plaintiffs must conduct a pre-suit investigation and serve a notice of intent to sue under Fla. Stat. § 766.106. The notice must include a corroborating expert's opinion. Defendants have 90 days to investigate, offer settlement, reject, or extend. This pre-suit process is mandatory — skipping it may result in dismissal.

Complaints against Florida physicians may be filed with the Florida Department of Health through the Medical Quality Assurance unit or directly through the Florida Board of Medicine at flboardofmedicine.gov. The DOH investigates and may discipline, suspend, or revoke a license. These proceedings are separate from your civil claim and do not provide financial compensation.

Florida's HB 837 (effective March 24, 2023) changed Florida from a pure comparative fault state to a modified comparative fault state with a 51% bar. In medical malpractice cases, this means that if a patient is found to be more than 50% at fault for their own injuries — for example, by failing to follow medical instructions or delaying treatment — they could be completely barred from recovery. For malpractice cases arising before March 24, 2023, the prior pure comparative fault rule may still apply. This change could significantly affect cases where patient behavior contributed to the outcome.

Under Fla. Stat. § 766.203, before serving a pre-suit notice of intent, the plaintiff's attorney must obtain a verified written medical expert opinion from a physician who practices or has practiced in the same specialty as the defendant. This expert must confirm that there are reasonable grounds to believe the defendant deviated from the standard of care and that the deviation caused the injury. If the expert opinion does not adequately support the claim, the pre-suit notice could be challenged. This requirement effectively screens out claims that lack expert support before they reach formal litigation, making early expert consultation essential.