Medical Malpractice Lawyers

What Does Florida Law Require Before You Can Even File a Malpractice Suit?

Florida makes medical malpractice claimants earn the courthouse door. Before filing, Chapter 766 of the Florida Statutes requires a reasonable presuit investigation, a corroborating verified written opinion from a medical expert — for a specialist defendant, one who practices or teaches in the same specialty (section 766.102) — and a notice of intent served on every prospective defendant by certified mail, return receipt requested (section 766.106). A 90-day screening period follows, during which suit cannot be filed and the parties exchange informal discovery; the statute of limitations is tolled while it runs. Cases that skip a step risk dismissal no matter how strong the medicine is. Malpractice suits from Miami, when properly venued in Miami-Dade County, are generally filed in the Eleventh Judicial Circuit. Circuit civil cases (over $50,000) with Miami-Dade County venue are heard at the Osvaldo N. Soto Miami-Dade Justice Center, 20 N.W. 1st Avenue, Miami, FL 33128, and claims that qualify for federal jurisdiction may proceed in the Southern District of Florida, Miami Division.

How Long Do You Have to File a Medical Malpractice Claim in Florida?

Two years from the incident — or from when the injury was or should have been discovered — with a four-year statute of repose that can cut claims off even before they are discovered (section 95.11, Florida Statutes). Narrow exceptions exist for fraud or concealment and for young children: the repose period cannot bar a claim brought for a minor on or before the child’s eighth birthday. The presuit process consumes months of that window, which is why waiting is such a dangerous mistake in Florida malpractice cases. Deadlines, tolling, and the presuit clock are covered in our Florida medical malpractice statute of limitations guide; families facing a birth injury in South Florida should also know NICA has its own filing deadline.

What Should You Do if You Suspect Malpractice in Miami?

Request copies of the medical records promptly — patients can ask for their own records, and early, complete copies are the foundation every expert review is built on. Write down the timeline while it is fresh: symptoms, conversations, who said what and when. Keep every discharge paper, prescription, and bill. Do not sign releases or accept explanations from a hospital’s risk-management office before independent review. Silva & Silva evaluates Miami malpractice cases at no cost, in English or Spanish — including whether the claim clears Florida’s presuit requirements and deadlines.

Florida’s malpractice deadlines are brutal and its presuit process is slow — the sooner your case is evaluated, the more options survive. Call Silva & Silva at (305) 445-0011 for a free consultation about your Miami case. No fees unless we recover.