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Medical malpractice in Florida

Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.

Elements

  1. 1

    Provider-patient relationship

    The defendant undertook to treat the patient.

  2. 2

    Standard of care

    What a reasonably careful similar provider would have done under similar circumstances.

  3. 3

    Breach

    The care fell below that standard.

  4. 4

    Causation and injury

    The breach more likely than not caused a compensable injury, not merely a bad outcome.

Burden of proof

Preponderance of the evidence, usually with expert testimony on the standard of care.

A Florida fact pattern

A Lee County hospital discharges a patient with chest pain after a normal troponin, but never orders a second set or an ECG over-read. He infarcts in the parking lot. Florida requires presuit notice and a corroborating expert opinion before a suit is filed. A bad outcome is not enough; the question is whether a reasonably careful ER physician would have held him.

Statute of limitations

2 years

Fla. Stat. § 95.11(5)(c)

From when the incident was discovered or should have been discovered with due diligence.

Repose: 4 years.

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