Who Has the Right to File a Medical Malpractice Lawsuit in Florida?



Your loved one has suffered significantly due to a medical professional’s negligence.  The reality of the consequences of the injury or death, both emotionally and financially, hits you and your family hard. You need help and should start to look for legal recourse. But in Florida, it’s not so simple, and to begin the process, you need to know what medical malpractice is, how long you have to file a case, and who can actually file a malpractice or wrongful death case.

So who has the right to file a medical malpractice lawsuit in Florida?

What is Medical Malpractice?

First, you need to understand medical malpractice in Florida. Medical malpractice arises when a healthcare provider fails to meet the expected standard of care, leading to patient injury or harm. Read here to learn about the  SIX EXAMPLES OF MEDICAL MALPRACTICE

Who is Eligible to File a Lawsuit?

In Florida, only certain parties can bring a medical malpractice lawsuit:


  • When a patient is injured due to medical negligence, the patient may bring suit.
  • If the injuries are severe, permanent, and disabling, members of the patient’s family—spouse, children, or parents—may have a claim.
    • In Florida, parents can only sue for malpractice for a child, if the child is 25 or under.
    • Children over 25 can recover damages over the death or injury of their parent only if there is no spouse or minor child.
  • When someone dies as a result of medical negligence, the patient’s family may recover damages under the Florida Wrongful Death Statute
  • In Florida, only the personal representative of the deceased person’s estate may legally file a wrongful death claim.

Only One Person Can File Your Florida Wrongful Death Lawsuit

It is important to note that in Florida, only one action may be brought for the wrongful death of an individual by or on behalf of the survivors, who have suffered damages because of their loved one’s death. This means that a single appointed representative, such as a surviving spouse or child, will serve as the plaintiff and be responsible for filing the claim on behalf of all eligible family members or dependents.

The Statute of Limitations in Florida:

How long do you have to file a medical malpractice claim?

  • Victims or their representatives have 2 years from the date of discovery of the malpractice to file the lawsuit.
  • However, there’s a cap: lawsuits cannot be initiated more than four years from the date of the malpractice incident. Exceptions are present for cases involving minors and those incapacitated.

Filing the Lawsuit: 

Seeking Expert Guidance. 

Medical malpractice claims are complex, requiring specialized skills and experience. Martin L. Hoffman, Esq., has over 40 years of experience successfully handling medical malpractice cases. Many of our cases have been referred to us by other attorneys and physicians. Our firm offers free consultations, and there are NO fees or costs unless you win your case.

Call Mr. Hoffman directly at 305-653-555 or email him at [email protected] for your FREE CONSULTATION.