Introduction
When we seek medical care, we place deep trust in doctors, nurses, and hospitals to deliver safe, competent treatment. Unfortunately, preventable medical errors are still among the leading causes of injury and death nationwide.
At Terrell Hogan Law, our team has represented countless patients and families harmed by medical negligence. Understanding **what qualifies as medical malpractice—and how to prove it under Florida law—**is the first step toward protecting your rights and pursuing justice.
What Counts as Medical Malpractice?
Not every poor medical outcome is malpractice. In Florida, a medical malpractice claim arises when a healthcare provider fails to meet the accepted standard of care, resulting in injury or death.
Common examples include:
- Misdiagnosis or delayed diagnosis (missing conditions a competent physician would detect)
- Surgical errors (operating on the wrong site or leaving surgical instruments behind)
- Medication mistakes (prescribing incorrect drugs or dosages)
- Birth injuries (harm to mother or child due to negligent care)
- Anesthesia errors (improper monitoring or dosing)
Each scenario can lead to devastating consequences, but they only meet the threshold for malpractice when the standard of care in Florida is breached.
Understanding the “Standard of Care”
The standard of care is the legal and professional benchmark for how a reasonably skilled healthcare provider should act under similar circumstances.
To prove medical malpractice, a plaintiff must show that:
- A duty of care existed between patient and provider.
- The provider breached that duty by failing to meet the accepted standard of care.
- That breach caused injury or death.
- The patient suffered damages, whether physical, emotional, or financial.
This is where expert testimony becomes critical. Florida law requires that qualified medical professionals review your case and explain—often before a lawsuit is even filed—how negligence occurred. For an in-depth explanation of how medical errors are identified, see this resource from the National Library of Medicine.
How to Prove Medical Malpractice in Florida
Building a successful medical negligence lawsuit takes time, resources, and experience. At Terrell Hogan Law, we follow a meticulous process to uncover the truth and build strong cases:
- Case Evaluation – We review all medical records, hospital policies, and treatment notes to assess possible negligence.
- Pre-Suit Investigation – Florida requires a medical expert to review the facts and confirm potential malpractice before a case can proceed.
- Notice of Intent – The healthcare provider or facility must receive formal notice of your intent to sue, allowing time for negotiation or settlement.
- Filing the Lawsuit – If no resolution is reached, we file the medical malpractice lawsuit, entering discovery and depositions.
- Expert Testimony – Medical experts explain how the provider deviated from accepted standards, helping the jury understand complex facts.
Each phase demands thorough preparation—something our Florida medical malpractice attorneys have mastered through decades of experience.
Florida’s Statute of Limitations for Medical Malpractice
Time limits are critical. In most cases, you have two years from the date the malpractice occurred—or from when the injury should have been discovered—to file a claim.
Exceptions may apply:
- Fraud or concealment: If a healthcare provider hides evidence of negligence, the filing period may be extended.
- Children: Different deadlines can apply for minors, depending on the case.
Missing these deadlines can permanently bar recovery, which is why contacting an experienced medical malpractice lawyer in Florida early is essential.
For more information, visit our Medical Malpractice Practice Page.
How Terrell Hogan Law Can Help
At Terrell Hogan Law, we take pride in holding negligent healthcare providers accountable. Our Medical Malpractice Team works with top medical experts and investigators to uncover what went wrong and why.
We help clients recover compensation for:
- Medical expenses (past and future)
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress and loss of quality of life
- Rehabilitation and long-term care needs
Our boutique, client-first approach ensures you receive personalized attention, open communication, and dedicated advocacy—values that have defined our firm for nearly 50 years. You can explore recent case outcomes on our Case Results page.
Conclusion
Medical malpractice cases in Florida are complex and highly regulated, but with the right legal guidance, victims can achieve justice and drive positive change in healthcare accountability.
At Terrell Hogan Law, we don’t just pursue compensation—we pursue truth, accountability, and prevention, ensuring negligent practices are exposed and corrected.
If you believe you or a loved one has suffered due to medical negligence, our attorneys are ready to guide you through every step of the process.
📞 Contact Us Today to speak with a compassionate Florida medical malpractice attorney.
