Florida medical malpractice laws Archives - Medical Malpractice Lawyers

Florida Appellate Court Holds Claim Of Sexual Assault In Emergency Room Is Medical Malpractice Claim

June 4, 2026

A Florida amended complaint alleged that on May 8, 2023, Jane Doe presented to the Cape Coral Hospital emergency department due to complications with her foley catheter following a hysterectomy. During this visit, the Does allegethat Physician Assistant Marten Karlsson inappropriately performed a va[...]

Florida Appellate Court Holds Medical Malpractice Claim Should Have Been Dismissed For Lack Of Adequate Presuit Investigation Notice

May 9, 2026

The Florida Medical Malpractice Act sets forth as a condition precedent to filing suit that a potential plaintiff conduct “a reasonable investigation as permitted by the circumstances to determine that there are grounds for a good faith belief that there has been negligence in the care or treatmen[...]

Florida Governor Ron DeSantis Says He’ll Veto “Free Kill” Medical Malpractice Reform Bill

May 16, 2025

On May 15, 2025, Florida Governor Ron DeSantis announced that he will veto HB 6017, which passed in the Florida House of Representatives by a vote of 104 to 6, and passed in the Florida Senate by a vote of 33 to 4, succumbing to intense pressure from health care industry lobbyists to veto the [&hell[...]

Civil Liability For Wrongful Death Of Unborn Child In Florida

April 11, 2025

A bill (CS/SB 1284) winding its way through the Florida Senate, if enacted, would expand Florida’s Wrongful Death Act to allow the parents of an unborn child to recover noneconomic damages for mental pain and suffering from a person who is responsible for the death of the unborn child. The mother [...]

Florida Appellate Court Rules Medical Malpractice Plaintiff Not Entitled To Defendant Surgery Center’s Credentialing File For Defendant Surgeon

November 1, 2024

In 2004, the Florida Constitution was amended to add Amendment 7, which provides in part: (a) In addition to any other similar rights provided herein or by general law, patients have a right to have access to any records made or received in the course of business by a health care facility or provide[...]

Florida Appellate Court Reverses Medical Malpractice Verdict For Plaintiff And Orders New Trial

September 6, 2024

Background The defendant doctor began treating the patient in 2012. In 2013, the defendant doctor diagnosed the patient with mitral-valve stenosis, recommended a mitral valve replacement, and suggested a cardiac surgeon. The patient chose a different cardiac surgeon and underwent cardiac surgery in [...]

Florida Appellate Court Revives Medical Malpractice Case In Dispute Over Expert’s Qualifications

July 26, 2024

Before filing suit for medical malpractice in Florida, a prospective plaintiff must conduct a statutory presuit investigation. This investigation determines whether the prospective plaintiff has “reasonable grounds to believe” that a prospective defendant provided negligent care or treatment tha[...]

Florida Appellate Court Holds Patient’s Complaint For Injuries From Slip And Fall On Wet Floor In Hospital Was Not Medical Malpractice Claim

October 23, 2023

In a case on appeal decided by the District Court of Appeal of the State of Florida Fifth District (“Appellate Court”) on August 11, 2023, the Appellant, who was a patient in the Appellee hospital, alleged that while she was walking towards the restroom she slipped and fell. The only cau[...]

Florida Supreme Court Changes Rule Regarding Interlocutory Appeals In Medical Malpractice Cases

September 6, 2023

Court Changes Rule Regarding Interlocutory Appeals: In its unusual opinion dated July 6, 2023, the Supreme Court of Florida stated: “We agree with the First District that, while Florida courts “have recognized exceptions” to the general rule that “certiorari review is an inappropriate me[...]

Florida Supreme Court Rules Mailing–Not Receipt–Of Presuit Notice Tolls Medical Malpractice Statute Of Limitations

April 23, 2022

The Supreme Court of Florida stated in its April 21, 2022 Opinion: “In this case we consider the statutory presuit notice requirement that section 766.106, Florida Statutes (2018), imposes on a claimant who seeks to file a medical negligence suit. Here the claimant mailed the presuit notice be[...]

Florida Appellate Court Remands Case To Determine If Medical Malpractice Or Ordinary Negligence Is Alleged

November 12, 2021

The Third District Court of Appeal State of Florida (“Florida Appellate Court”) held in its opinion dated October 13, 2021: “Because Mr. Torres alleged sufficient facts to plead his action as one sounding in ordinary negligence, a dismissal with prejudice was not warranted at this [...]

Florida Appellate Court Affirms University’s Immunity For Its Employee’s Alleged Medical Negligence

November 20, 2020

The Third District Court of Appeal State of Florida (“Florida Appellate Court”), in its opinion filed on October 28, 2020, affirmed that the University of Miami d/b/a Miller School of Medicine (“University”) was entitled to sovereign immunity pursuant to section 768.28, Florida Statu[...]

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Tag: Florida medical malpractice laws