July Is Medical Malpractice Awareness Month: What Every Florida Patient Should Know

Shiner Law Group — Accident & Injury Lawyers  |  Patient Safety & Your Rights

Each July, the National Medical Malpractice Advocacy Association marks Medical Malpractice Awareness Month — a nationwide effort to educate patients about their rights and to push for greater accountability in health care. Medical errors remain one of the leading causes of preventable harm in the United States, yet most patients never learn whether a bad outcome was simply unfortunate or the result of negligence.

At Shiner Law Group, we use this month to help Floridians understand what medical malpractice really is, how to recognize the warning signs, and — just as important — what to do next. Because these cases are among the most complex in all of personal injury law, knowing your rights early can make the difference between a claim that succeeds and one that is lost to the calendar.

What Is Medical Malpractice?

Medical malpractice occurs when a health care provider — a doctor, nurse, hospital, pharmacy, or other professional — fails to meet the accepted standard of care, and that failure injures a patient. The standard of care is what a reasonably careful provider would have done under the same circumstances.

Not every disappointing result is malpractice. Medicine carries inherent risks, and even good care can end badly. The legal question is narrower: did the provider act in a way that a competent professional would not have — and did that specific failure cause the harm?

Common Types of Medical Malpractice

Malpractice can happen anywhere care is delivered. Some of the most common claims include:

• Misdiagnosis or delayed diagnosis — a missed or late diagnosis of cancer, heart attack, stroke, or infection that turns a treatable condition into a catastrophe.
• Surgical errors — operating on the wrong site, injuring an organ, or leaving an instrument behind.
• Birth injuries — oxygen deprivation, improper delivery, or failure to monitor, causing lifelong harm to mother or child.
• Medication and pharmacy errors — the wrong drug, wrong dose, or a dangerous interaction a provider should have caught.
• Anesthesia errors — dosing mistakes or failure to monitor a patient under anesthesia.
• Emergency room negligence — overlooked symptoms, premature discharge, or failure to order the right tests.
• Hospital and nursing negligence — understaffing, infections, falls, and medication mix-ups that point to systemic failures.
• Failure to treat or monitor — not following up on abnormal results or acting on clear warning signs.

Warning Signs You May Be a Victim

Malpractice is often hard to spot from the inside, because patients rely on the very professionals who may have made the mistake. A few signs are worth paying attention to:

• You suffered an unexpected, serious complication no one warned you about.
• A condition was diagnosed incorrectly, or the diagnosis came too late to help.
• A provider is evasive or won’t clearly explain what happened.
• A second doctor seems surprised or concerned by the care you received.
• Your symptoms were repeatedly dismissed before a serious problem was found.

If several of these ring true, it does not prove malpractice — but it is a strong reason to have your medical records reviewed by someone who knows what to look for.

What to Do If You Suspect Medical Malpractice

• Request your complete medical records. Under HIPAA, you have the right to them from every provider you saw.
• Write down what happened while it is fresh — dates, names, conversations, and symptoms.
• Do not sign anything or accept a quick settlement from a provider or insurer before you understand your rights.
• Watch the clock. Florida’s deadlines are short and unforgiving (more below).
• Get a free, professional review of your situation as soon as possible.

Florida’s Malpractice Laws Are Strict — and the Clock Is Short

Florida makes medical malpractice claims harder to bring than an ordinary injury case, which is exactly why they require experienced, specialized attorneys. Two rules matter most:

The deadlines. In general, you have two years from the date you knew or should have known your injury was connected to medical care to file (Florida Statute 95.11), with an outside limit of four years from the date of the malpractice — the statute of repose. Fraud or concealment can extend that to seven years, and children under eight have special protections. Miss the window, and even a strong case can be lost.

The pre-suit process. Before a malpractice lawsuit can even be filed, Florida law (Chapter 766) requires a formal pre-suit investigation and a sworn opinion from a qualified medical expert confirming the claim has merit, followed by a 90-day notice period. This screening step protects the process from meritless claims — but it also means building a case takes time and resources, and that starting early is critical.

How Shiner Law Group Can Help

Medical malpractice is a highly specialized field. Shiner Law Group reviews your situation at no cost, and if your case has merit, we connect you with Florida’s leading medical malpractice trial attorneys — the specialists with the experience and resources these complex cases demand. You work with proven trial counsel, and you pay nothing unless the case is won.

This article is provided by Shiner Law Group for general informational purposes only and is not legal advice; reading it does not create an attorney-client relationship. Florida law is fact-specific and changes over time — consult a licensed Florida attorney about your individual circumstances. Medical malpractice claims are referred to and litigated by qualified co-counsel. Past results do not guarantee future outcomes. Attorneys at Shiner Law Group are Members of The Florida Bar. This is attorney advertising.