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Common Types of Medical Malpractice Cases in Florida (2024)

Robert F. Spohrer

Medical malpractice is defined as any form of negligence in a medical treatment setting that results in harm to the patient. Whenever a medical professional fails to meet their patient’s standard of care, serious injuries, and adverse medical conditions may result. The most common types of medical malpractice cases in Florida pertain to failures to meet patient’s standards of care.

Most Common Types of Medical Malpractice Cases in Florida

Medicine is inherently uncertain in many ways, but there is a major difference between a mistake made while working in good faith and harm caused by negligence. Any medical professional who unintentionally harms a patient is required to take immediate responsibility and perform corrective treatment. Failure to do this is malpractice. Medical malpractice takes many forms, and some of the most common examples of these cases seen in North Florida each year include:

  • Diagnostic errors. These cases may pertain to delayed diagnosis, misdiagnosis, or failure to diagnose a patient’s condition. Diagnosing physicians must use appropriate differential diagnosis procedures to ensure they deliver timely and accurate diagnoses to their patients.
  • Medication errors. This type of case may arise from a doctor prescribing the wrong medication or the wrong dosage, failing to account for a patient’s allergies or drug interactions, or from a pharmacist failing to fill a prescription correctly.
  • Surgical errors. Every surgery entails some degree of risk, but there is a major difference between an understandable honest mistake during a very difficult procedure and a surgical error caused by negligence in the operating room.
  • Birth injuries. These occur before, during, or immediately after childbirth and have the potential to cause serious, lasting harm to the newborn child, the mother, or both. These injuries may happen because of failure to monitor patient vital signs, failure to recognize fetal distress, or improper technique used during delivery.

These are just a few possible examples. In any medical malpractice suit, the plaintiff filing the suit must prove they had a formal doctor-patient relationship with the defendant, that the defendant owed a duty of care and was required to meet a specific standard of care, and that the defendant failed to do so, ultimately causing the harm the victim has cited in their claim. Success with your medical malpractice claim in Northeast Florida will be easier with an attorney’s help.

You have a relatively limited time to file your medical malpractice suit in Florida. You will need to gather many medical records and other documentation, and you may need to consult an expert witness who can provide support for your claim with their testimony. Additionally, you will need to accurately uncover all the various forms of compensation you can include in the claim so you can be sure that you will maximize your total case award.

Under Florida law, it is possible for the victim of medical malpractice to seek substantial compensation for their economic and non-economic losses. The common types of medical malpractice cases in Florida can yield full repayment of economic losses, and there is no longer any cap enforced on pain and suffering compensation in these claims. Connecting with an experienced attorney quickly will give them more time to dedicate to your case.


Q: What Are the Most Common Types of Medical Malpractice Claims?

A: The most common types of medical malpractice claims are misdiagnosis claims. Misdiagnosis may apply to failing to diagnose a patient’s condition correctly or within a timely manner. Misdiagnosis claims may also pertain to diagnosing a patient with the wrong condition, which can not only leave their actual medical issue untreated but also potentially cause additional adverse complications.

Q: How Is Medical Malpractice Defined in Florida?

A: In Florida, medical malpractice is defined as any situation in which medical negligence causes harm to a patient. If a medical professional such as a doctor, nurse, or surgeon fails to meet their patient’s standard of care because of negligence, they commit malpractice when their negligence result in tangible harm. If you are unsure whether you have grounds for a claim, consult an experienced medical malpractice attorney as quickly as possible.

Q: What Is the Statute of Limitations for Medical Malpractice in Florida?

A: The statute of limitations for medical malpractice in Florida is two years for most claims, and this time limit begins on the day an injury occurs. However, the statute of limitations may extend to four years in the case of fraud or concealment by the defendant, and a separate statute applies to certain birth injury claims. The statute that applies to your case may seem generous, but it is always advisable to consult an attorney as quickly as possible after an injury occurs.

Q: How Much Compensation Can You Claim for Medical Malpractice in North Florida?

A: The amount of compensation you can claim for medical malpractice in North Florida depends on the severity of the harm you experienced. Like in most other personal injury claims, a medical malpractice claim enables the plaintiff to seek full compensation for all medical expenses, lost income, and other economic damages a defendant caused, and they also have the right to seek pain and suffering compensation that reflects the severity of their experience.

Q: Why Should I Hire a Medical Malpractice Attorney?

A: You should hire a medical malpractice attorney because you are more likely to succeed with your case when you have legal representation. A good attorney will have experience handling the common types of medical malpractice cases in Florida and draw upon their experience in representing you in your claim. You’re more likely to win and more likely to maximize your case award when you have legal counsel on your side.

Spohrer Dodd Trial Attorneys has years of experience handling a wide range of complex medical malpractice cases. All the various common types of medical malpractice cases in Florida raise difficult questions the average person will not be able to answer on their own, and Spohrer Dodd Trial Attorneys is ready to provide the guidance and support you need when faced with this challenging situation. Contact us today and schedule a free consultation to learn more about our legal services.