Medical Malpractice Lawsuit in Florida

Statute of Limitations: Florida's medical malpractice SoL is 2 years from the date the claimant discovered — or through reasonable diligence should have discovered — the injury, subject to an absolute 4-year statute of repose from the date of the negligent act. In cases involving fraud, concealment, or misrepresentation, the repose period extends to 7 years. For minors under 8, the period is tolled until age 8, not to exceed the repose period.

Non-Economic Damages Cap: Florida's $500,000 non-economic damages cap (and $1 million cap for catastrophic injury) was struck down by the Florida Supreme Court in 2017 (North Broward Hospital District v. Kalitan) as a violation of equal protection. Florida currently has no statutory cap on non-economic damages in medical malpractice cases, meaning juries may award pain and suffering without a legislatively imposed ceiling.

Pre-Suit Requirements: Florida has one of the most demanding pre-suit regimes. Under Fla. Stat. § 766.106, a claimant must first conduct a pre-suit investigation, obtain a verified written medical expert opinion establishing reasonable grounds for a claim, and serve a notice of intent on each prospective defendant. A 90-day pre-suit investigation period follows, during which defendants may offer settlement. Only after the period expires (or a rejection is received) may suit be filed.

Venue: Florida medical malpractice actions are filed in the circuit court of the county where the cause of action accrued (i.e., where the treatment was rendered), where the defendant resides, or where the defendant's principal place of business is located. Fla. R. Civ. P. 1.060 governs venue transfer for convenience or justice.