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Miami and Tampa medical malpractice lawyer

You cannot just file. Florida makes you qualify first.

Medical malpractice is the one area of Florida injury law where the barrier is procedural before it is ever evidentiary. Chapter 766 requires an investigation, a qualified expert and a formal notice before a complaint can be filed at all — and the time that takes runs against the same deadline everything else does.

Before filing
PresuitInvestigation and notice required. Fla. Stat. ch. 766
Expert required
AffidavitCorroborating opinion from a qualified medical expert
Carrier’s window
90 daysTo investigate and respond after the notice of intent
Deadline
2 yearsFrom discovery, with an outer repose period. § 95.11(4)(b)

01 The gate before the courthouse

Florida’s presuit requirements for medical malpractice claims

Before a medical negligence suit can be filed, Florida requires a reasonable investigation, a written opinion from a medical expert qualified in the relevant specialty corroborating that negligence occurred, and a notice of intent served on each prospective defendant.

The notice opens a 90-day window during which the prospective defendant investigates and responds, and during which the statute of limitations is tolled. The response may be a rejection, an offer to arbitrate, or an offer to settle.

None of this is a formality. A claim that cannot find a qualified expert to corroborate it does not get filed, which is why the medical records review happens at the very start of the case rather than after.

02 The deadline runs differently

The deadline to file a medical malpractice claim in Florida

The two-year period generally runs from when the incident was discovered, or should have been discovered with reasonable diligence — not necessarily from the date of the treatment itself. There is also an outer repose period that cuts off claims regardless of discovery, with narrow exceptions.

Because presuit consumes months, a case brought close to the deadline can run out of time before it is ever filed. The practical deadline is substantially earlier than the legal one.

03 Where these cases come from

Miami-Dade

Miami-Dade claims arise across the Jackson system, Baptist, Mount Sinai and the surgical centers across the county. Ryder Trauma records often sit at the center of the file even where the alleged negligence came later.

The Miami office · Homestead

Hillsborough

Hillsborough claims arise across Tampa General, AdventHealth and the surgical and outpatient centers around the county. Suit is filed at the Circuit Court on East Twiggs Street.

The Tampa office

04 What damages a claim

  • Waiting until the deadline is close, when presuit alone takes months.
  • Requesting records informally instead of through a complete, documented request.
  • Assuming a bad outcome is the same as negligence. It is not, and the expert review is what separates them.
  • Discussing the case with the provider’s risk management department without advice.

Frequently asked questions about Florida medical malpractice

How do I get my medical records?

You have a right to them. A complete, written request to the records department of each provider involved is the starting point, and it is worth requesting the entire chart rather than a summary.

Imaging, nursing notes and medication administration records are frequently where the answer sits, and they are the parts most often left out of a casual request.

A bad result is not automatically malpractice. So what is?

Negligence is a departure from the accepted standard of care that caused harm. Medicine carries risk, and a poor outcome from a correctly performed procedure is not a claim.

That is precisely what the corroborating expert decides before a case is filed — whether what happened fell below the standard, and whether that departure caused the injury.

Tell Jose what happened

A free review of your medical malpractice case, with no obligation, and no fee and no costs unless there is a recovery. English or Spanish, whichever you would rather use. You speak with Jose A. Dapena directly at every stage, not with an intake department — and if there is no claim worth bringing, he will tell you that.