Medical malpractice claims: harm and next steps 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 a minor, the 4-year repose does not bar an action brought on or before the child's eighth birthday (Fla. Stat. § 95.11(5)(c)).

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.