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Fort Lauderdale Medical Malpractice Lawyer
A missed stroke in the ER. A surgical sponge left behind. A birth injury that should never have happened. Florida medical malpractice claims follow strict rules, including a mandatory 90-day presuit investigation and a sworn medical expert opinion before a lawsuit can be filed. Shiner Law Group investigates, builds, and pursues these claims for patients and families across Broward County.
On This Page — Fort Lauderdale Medical Malpractice Lawyer Guide
Fort Lauderdale Medical Malpractice Lawyers for Patients and Families
- Florida requires a presuit investigation, a verified medical expert opinion, and a 90-day notice period before a malpractice lawsuit can be filed.
- You generally have 2 years from discovery to act, with a 4-year outer limit in most cases.
- Claims against public hospital districts can face sovereign immunity caps and special notice rules.
- Your case review is free and confidential. You pay nothing unless we recover compensation.
Broward County patients rely on some of the busiest hospitals in Florida, from Broward Health Medical Center and Memorial Regional Hospital to Holy Cross and Cleveland Clinic Weston. Most care is excellent. But when a doctor, nurse, hospital, or clinic falls below the accepted standard of care, the harm can be permanent: a cancer that spreads while undiagnosed, a brain injury during delivery, an infection that turns into sepsis, or a medication error that never should have happened.
Medical malpractice cases are among the most demanding cases in personal injury law. Florida’s Chapter 766 requires a detailed investigation, qualified expert support, and strict notice procedures before you can even file. Hospitals and insurers defend these cases aggressively and early.
Shiner Law Group has represented injured Floridians since 2002 and has recovered more than $500 million for our clients. Our Fort Lauderdale team gathers your records, works with qualified medical experts to evaluate the care you received, handles every step of the presuit process, and pursues full compensation. You can also learn more on our Florida medical malpractice page.
Medical Error by the Numbers
Figures from peer-reviewed research, federal health agencies, and Florida Statutes.
Americans estimated to die or suffer permanent disability from diagnostic errors each year: about 371,000 deaths and 424,000 disabilities.
Of those serious diagnostic harms involve three categories: vascular events (such as stroke), infections (such as sepsis), and cancers.
Emergency department patients receives a wrong diagnosis, an estimated 7.4 million patients a year.
Estimated U.S. deaths per year from medical error, which researchers called the third leading cause of death.
Florida’s mandatory presuit period after a notice of intent is served, during which no lawsuit may be filed.
Current sovereign immunity limits for claims against public entities, including public hospital districts, per person and per incident.
Medical Malpractice Cases We Handle
If a health care provider’s mistake changed your outcome, we want to hear from you.
Misdiagnosis & delayed diagnosis
Missed strokes, heart attacks, sepsis, and cancers. The question is whether a reasonably careful provider would have caught it, and whether earlier diagnosis would have changed the outcome.
Surgical errors
Wrong-site surgery, organ and nerve damage, and missed complications. Under Florida law, a sponge, clamp, or instrument left inside a patient is prima facie evidence of negligence (Fla. Stat. § 766.102).
Birth injuries
Oxygen deprivation, delayed C-sections, shoulder dystocia, and newborn care errors. Some severe birth-related brain injuries fall under Florida’s NICA program, so early legal review matters.
Medication errors
Wrong drug or dose, missed allergies and interactions, and pharmacy dispensing mistakes in hospitals, clinics, and pharmacies.
Anesthesia & ER errors
Airway and dosing mistakes, poor monitoring, misread symptoms, and premature discharge from the emergency room.
Lack of informed consent
Florida law requires providers to explain the procedure, alternatives, and substantial risks a reasonable patient would want to know (Fla. Stat. § 766.103).
Florida’s Medical Malpractice Presuit Process
Florida requires these steps before a malpractice lawsuit can be filed. We handle every one.
Records and investigation
We obtain your complete medical records and investigate whether there are reasonable grounds to believe a named provider was negligent and caused your injury (Fla. Stat. § 766.203).
Verified expert opinion
A qualified medical expert in the same specialty reviews the care and signs a verified written opinion supporting the claim, which is served with the notice.
Notice of intent
Each prospective defendant receives a formal notice of intent to initiate litigation by certified mail or another verifiable method (Fla. Stat. § 766.106).
90-day presuit period
No suit may be filed for 90 days. The statute of limitations is paused, and both sides can exchange documents and take unsworn statements.
Response
By the end of the 90 days, the provider must reject the claim, make a settlement offer, or offer arbitration on damages. No response counts as a rejection.
Lawsuit or resolution
If the claim is not resolved, we file suit within the remaining limitations period or 60 days after presuit ends, whichever is longer, and prepare the case for trial.
Florida Medical Malpractice Law
The rules that shape most Broward County medical negligence cases.
The standard of care
Providers must meet the prevailing professional standard of care, meaning care recognized as acceptable by reasonably prudent similar providers. Expert witnesses generally must practice in the same specialty.
Statute of limitations
Two years from when the injury was or should have been discovered, with a 4-year outer limit. Fraud or concealment can extend it to as long as 7 years, and special rules apply to young children.
Damage caps struck down
The Florida Supreme Court held the statutory caps on noneconomic damages in medical malpractice cases unconstitutional, first in wrongful death cases and then in personal injury cases.
Limits on some wrongful death claims
In medical negligence deaths, adult children (25 and older) and parents of adult children cannot recover pain-and-suffering damages. A 2025 repeal bill passed the Legislature but was vetoed, and a 2026 repeal effort did not pass, so this rule remains in effect.
Public hospitals
Claims against public entities face caps of $200,000 per person and $300,000 per incident, plus written notice requirements. Broward’s public hospital districts may be covered.
Your right to your records
Practitioners must provide copies of your records in a timely manner, without delays for legal review, at a reasonable copying cost. Hospitals follow similar rules under § 395.3025.
Broward Hospitals and Public Hospital Rules
Who runs the hospital can change your deadlines and the amount you can recover.
| Hospital | Location | Type | Why it matters |
|---|---|---|---|
| Broward Health Medical Center | 1600 S Andrews Ave, Fort Lauderdale | Public hospital district (North Broward Hospital District); Level I trauma | Sovereign immunity caps and notice rules may apply |
| Broward Health North / Imperial Point | Deerfield Beach / Fort Lauderdale | Public hospital district | Sovereign immunity caps and notice rules may apply |
| Memorial Regional Hospital | 3501 Johnson St, Hollywood | Special tax district (South Broward Hospital District); Level I trauma | Public-entity rules may apply |
| Holy Cross Hospital | 4725 N Federal Hwy, Fort Lauderdale | Private | Standard Chapter 766 rules |
| Cleveland Clinic Weston Hospital | 3100 Weston Rd, Weston | Private | Standard Chapter 766 rules |
Whether a specific claim is subject to Fla. Stat. § 768.28 depends on the facts, including who employed the provider. Hospital information from each system’s official website and the Florida Department of Health trauma center listing.
What to Do if You Suspect Malpractice
Get the care you need now
Your health comes first. A second opinion from a different provider can also document what went wrong.
Request your records
Ask for complete copies of your records and imaging. Florida law requires providers to furnish them in a timely manner.
Write down the timeline
Note dates, symptoms, conversations, provider names, and what you were told. Memories fade quickly.
Check the provider’s license
The Florida Department of Health license lookup shows discipline and certain paid malpractice claims.
Avoid signing releases
Do not sign documents or give statements to a hospital’s risk manager or insurer before speaking with a lawyer.
Talk to us early
The presuit investigation takes time, and it must be completed before your deadline. An early review protects your rights.
Visit or Call Shiner Law Group
Serving patients and families harmed by medical negligence throughout Fort Lauderdale and Broward County.
Shiner Law Group — Fort Lauderdale
6750 N Andrews Ave Suite 200 #2062
Fort Lauderdale, FL 33309
(954) 999-9900 · Available 24/7
Can’t come to us? We offer home, hospital, and video consultations anywhere in Broward County.
Submit a FREE Case Review
Tell us what happened. We will evaluate your claim and explain your options. Confidential, no obligation, available 24/7.
Submit Your Details
Tell us what happened, where it occurred, and your injuries.
Case Evaluation
Our attorneys review your case and identify every liable party and coverage source.
We Fight for You
We build your claim, handle the insurers, and pursue full compensation.
Free Case Review
Confidential · No obligation · Available 24/7 · Se Habla Español
Fort Lauderdale Medical Malpractice FAQ
How much does a Fort Lauderdale medical malpractice lawyer cost?
Nothing upfront. Shiner Law Group handles medical malpractice cases on a contingency fee basis, so you pay no attorney fee unless we recover compensation for you. If co-counsel is ever brought in on a case, that arrangement is explained to you in writing, as Florida Bar rules require. Call (954) 999-9900 for a free, confidential review.
How long do I have to file a medical malpractice claim in Florida?
Generally two years from when the injury was discovered or should have been discovered, and no more than four years from the incident (Fla. Stat. § 95.11). Fraud or concealment can extend the outer limit to seven years, and special rules apply to young children. The required presuit process must also be completed in time, so contact a lawyer early.
What is the presuit process for medical malpractice in Florida?
Before filing suit, the claimant must investigate the claim, obtain a verified written opinion from a qualified medical expert, and serve a notice of intent on each provider. No suit may be filed for 90 days while the provider investigates, and the statute of limitations is paused during that period (Fla. Stat. §§ 766.106 and 766.203).
Are there caps on medical malpractice damages in Florida?
The Florida Supreme Court held the statutory caps on noneconomic damages in medical malpractice cases unconstitutional in Estate of McCall v. United States (2014) and North Broward Hospital District v. Kalitan (2017). Claims against public entities, however, remain subject to sovereign immunity limits of $200,000 per person and $300,000 per incident under Fla. Stat. § 768.28.
How common are medical diagnosis errors?
Research published in BMJ Quality and Safety in 2023 estimated that about 795,000 Americans die or are permanently disabled by diagnostic errors each year, and a federal AHRQ review found that about 1 in 18 emergency department patients is misdiagnosed.
Can I sue Broward Health or Memorial for malpractice?
Yes, but special rules may apply. Broward Health and Memorial Healthcare System are operated by public hospital districts, so claims may be subject to Florida’s sovereign immunity statute, including written notice requirements and limits of $200,000 per person and $300,000 per incident. Amounts above those limits generally require a claims bill from the Legislature.
Can my family recover if a loved one died from medical negligence?
Often, yes. The estate and certain survivors may bring a wrongful death claim. Under current Florida law (Fla. Stat. § 768.21(8)), adult children 25 and older and parents of adult children cannot recover pain-and-suffering damages in medical negligence deaths, but other damages may still be available.
Where is Shiner Law Group’s Fort Lauderdale office?
Our Fort Lauderdale office is at 6750 N Andrews Ave Suite 200 #2062, Fort Lauderdale, FL 33309. Call (954) 999-9900 any time, day or night.
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This page is provided for informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Statistics are cited to the public sources noted and may be preliminary or revised. Past results do not guarantee future outcomes; each case is unique and must be evaluated on its own merits. Attorneys at Shiner Law Group are Members of The Florida Bar. Shiner Law Group — Accident & Injury Lawyers. Attorney Advertising.