West Palm Beach medical malpractice lawyer

Common types of medical malpractice cases in Florida

Most Florida medical malpractice claims fall into a few recurring patterns. The categories of med mal we see most:

• Misdiagnosis and delayed diagnosis: Conditions like cancer, heart attack, stroke, and pulmonary embolism can be missed in primary care visits or emergency rooms. Delayed diagnosis can turn a treatable condition into a fatal one.
• Surgical errors: Operating on the wrong site, leaving instruments inside a patient, anesthesia errors, and post-operative care failures.
• Birth injuries: Cerebral palsy, brachial plexus injuries (Erb’s palsy), hypoxic-ischemic encephalopathy, and other harms linked to delayed C-sections, misuse of forceps or vacuum extractors, failure to monitor fetal distress, or oxygen deprivation during delivery.
• Medication and pharmacy errors: Wrong drug, wrong dose, missed allergy interactions, and prescription mix-ups.
• Hospital and nursing home neglect: Pressure ulcers, falls, infections, and failure to monitor patients with known risk factors.
• Failure to obtain informed consent: A patient agrees to a procedure without being told the material risks, and a known complication occurs.

What counts as medical malpractice under Florida law

Florida law (Fla. Stat. § 766.102) defines medical malpractice through four required elements:

1. Duty of care: A provider-patient relationship existed, which created a legal duty of care.
2. Breach of the standard of care: The provider’s conduct fell below what a reasonably prudent provider with similar training would have done under similar circumstances.
3. Causation: The breach directly caused the patient’s injury or death. A bad outcome alone is not malpractice. The breach has to be linked to the harm.
4. Damages: The patient suffered actual, measurable harm.

Each element typically has to be proven with expert testimony from a qualified medical witness in the same specialty as the defendant provider.

Florida’s pre-suit requirements for medical malpractice claims

This is the section that surprises most clients. Florida med mal claims cannot be filed in court until a pre-suit process under Chapter 766 of the Florida Statutes is completed:

1. Investigation and expert affidavit: Before filing, your attorney must conduct a reasonable investigation and obtain a written, sworn statement from a medical expert in the same specialty as the defendant provider, confirming there are reasonable grounds to believe malpractice occurred. The expert has to meet the qualifications laid out in Fla. Stat. § 766.102.
2. Notice of Intent to Initiate Litigation: A formal notice is served on every prospective defendant, with the corroborating expert affidavit attached.
3. 90-day pre-suit period: Once notice is served, the defendant has 90 days to investigate, request additional records, and respond. The statute of limitations is tolled during this period.
4. Pre-suit discovery: Both sides can exchange written questions, request documents, and take unsworn statements before suit is filed.

If the case isn’t resolved during pre-suit, the lawsuit can move forward in court. Skipping any of these requirements is one of the most common reasons med mal claims get dismissed before they ever reach a jury.

Statute of limitations and statute of repose for medical malpractice in Florida

Florida applies both a statute of limitations and a statute of repose to medical malpractice claims under Fla. Stat. § 95.11(4)(b):

Statute of limitations: Two years from the date the incident occurred, or from when the injury was discovered or should have been discovered with reasonable diligence. This is the “discovery rule,” which exists because some malpractice injuries don’t surface for months or years.

Statute of repose: Four years from the date of the incident, regardless of when the injury was discovered. After four years, the claim is barred outside narrow exceptions.

Fraud exception: If the provider committed fraud, concealment, or intentional misrepresentation that prevented the injury from being discovered, the statute of repose extends to seven years.

Minors: For children injured before age 8, the statute of repose extends to the child’s 8th birthday, even if the four-year window has otherwise passed.

These deadlines move faster than they sound. The 90-day pre-suit notice period adds three months before a complaint can be filed, and the expert affidavit can take months to obtain. Waiting six months to call a lawyer could foreclose a viable case.

What to do if you suspect medical malpractice

If you think a provider’s negligence caused harm to you or a family member:

1. Request your complete medical records. Florida law (Fla. Stat. § 456.057) gives you the right to copies of your own records within a reasonable time. Make the request in writing and keep a copy.
2. Get a second opinion if you’re still under care. A different specialist may catch what the first provider missed and can address ongoing harm before it gets worse.
3. Write down what you remember while it’s fresh. Names of providers, dates of appointments, what you were told about symptoms and treatment, and what was supposed to happen versus what did.
4. Avoid posting about the experience on social media. Posts can be used to argue your perception of events, and some providers’ patient contracts include anti-disparagement clauses that complicate later litigation.

Potential compensation in a medical malpractice case

Florida med mal victims can pursue three categories of damages:

Economic damages cover medical bills past and future, lost wages, lost earning capacity, life-care costs, rehabilitation, and out-of-pocket expenses. Documented and provable on paper.

Non-economic damages cover pain and suffering, mental anguish, disfigurement, loss of consortium, and loss of enjoyment of life. Florida does not cap these damages in medical malpractice cases.

Punitive damages are available under Fla. Stat. § 768.73 when the provider acted with gross negligence or intentional misconduct. Capped at the greater of three times compensatory damages or $500,000, with higher caps in extreme circumstances.

When a loved one dies, Fla. Stat. § 768.21 governs wrongful death damages, including lost support and services, loss of companionship, mental pain and suffering for surviving spouses and children, and funeral expenses.

Talk to a West Palm Beach medical malpractice lawyer today

If you suspect medical malpractice caused serious injury or death in your family, Lytal, Reiter, Smith, Ivey & Fronrath can help. We’ve built four decades of trial work on cases like yours, including wrongful death, failure-to-diagnose, and surgical malpractice cases that have resolved through multi-million-dollar settlements.

multi-million-dollar settlements. Call (561) 655-1990 or contact us online for a free, no-obligation consultation.

Frequently asked questions about West Palm Beach medical malpractice cases

How much does it cost to hire a medical malpractice lawyer?

Nothing upfront. We work on a contingency fee basis, which means our attorney’s fees come out of any compensation we recover for you. If we don’t recover compensation, you owe no attorney’s fees. Separate costs may apply. 

What if I’m not sure whether what happened was actually malpractice?

Most clients aren’t sure when they first call. Bad outcomes happen in medicine without malpractice, and even severe injuries don’t always meet the legal standard. The initial consultation is free, and we work with medical experts who review the records to determine whether the standard of care was met. If the case doesn’t support a malpractice claim, the medical malpractice attorney West Palm Beach locals turn to will inform you.

Can I sue a hospital, or only the doctor?

Both, depending on the facts. Hospitals can be liable for their own employees’ actions and for institutional failures like understaffing or inadequate equipment. Many physicians work as independent contractors rather than hospital employees, which affects who can be sued. We identify the right defendants during pre-suit investigation.

Learn more: Who can be held liable in a medical malpractice lawsuit?

What evidence do I need before calling a lawyer?

Bring whatever you have, but don’t worry if you don’t have much. The most important documents are your medical records from before, during, and after the incident, and any written communication with the providers about what went wrong. We can subpoena the rest once you become our client.