Florida Medical Malpractice Laws

No medical malpractice claim may be filed more than 4 years after the date of the incident, regardless of when the injury was discovered.

If the healthcare provider committed fraud, concealment, or intentional misrepresentation, the statute of repose extends to 7 years from the date of the incident.

For children under 8 at the time of the incident, the deadline is extended until the child's 8th birthday.

Non-economic damages (pain and suffering) are capped at $750,000 per claimant. For catastrophic injuries — permanent total disability, loss of limb or organ, severe brain damage, or death of a minor child or parent — the cap increases to $1,500,000.

There is no cap on economic damages (medical bills, lost wages, future care costs) in medical malpractice cases.

Before filing a medical malpractice lawsuit, you must send written notice to each prospective defendant via certified mail. The notice must include medical records relied upon by the expert and an executed authorization form. A 90-day investigation period follows during which the statute of limitations is tolled.

A corroborating written medical expert opinion must be obtained during the pre-suit investigation. The expert must verify that reasonable grounds exist for the claim.

Mandatory in-person mediation is required within 120 days after suit is filed, unless extended by mutual agreement.

No recovery for treating without informed consent if the provider's actions were in accordance with accepted medical standards. The patient must have a general understanding of the procedure, medically acceptable alternatives, and substantial risks and hazards.