Healthcare looks very different in 2025. From AI-driven diagnostics to routine telehealth visits, technology is now woven into nearly every aspect of medical care. While these innovations can improve access and efficiency, they also introduce new risks. And when a medical provider’s preventable mistake causes serious harm, patients have the legal right to hold them accountable through a medical malpractice claim.
It’s important to understand: medical malpractice is not simply a bad outcome. It occurs when a healthcare professional fails to meet the accepted standard of care, and that failure directly causes harm. Whether it’s a missed diagnosis, a surgical error, or a delayed response during a telehealth appointment, knowing your rights is the first step toward justice.
What Counts as Medical Malpractice?
To prove malpractice, a patient must demonstrate more than disappointment with their care. A valid claim usually requires:
- A doctor–patient relationship existed.
- A breach of the standard of care — the provider failed to act as a reasonably skilled professional would under similar circumstances.
- Causation — the breach directly led to injury or harm.
- Damages — the harm resulted in measurable losses, such as additional treatment costs, lost wages, or pain and suffering.
When a provider falls short of the professional standard and that failure causes harm, Florida law allows patients to pursue compensation.
Common Medical Malpractice Cases in 2025
The types of errors remain familiar, but the settings have expanded to include digital and virtual care. Examples include:
- Missed or delayed diagnoses of serious conditions such as cancer or infections.
- Surgical mistakes, including wrong-site procedures or instruments left inside the body.
- Birth injuries affecting either the mother or child.
- Medication errors, such as incorrect prescriptions, dosages, or drug interactions.
- Poor follow-up care, leading to complications.
- Technology-related mistakes, including errors with AI triage tools, telehealth documentation lapses, or software glitches that cause test results to be overlooked.
As more care shifts online, digital missteps are becoming part of malpractice claims. Courts now treat portal messages, telehealth chats, and electronic records as part of the medical record.
How the Legal Process Works
Each state has its own rules, but most malpractice cases follow a similar path:
- Expert review: Before a lawsuit can be filed, many states require an independent medical expert to review the case and issue an opinion that malpractice may have occurred.
- Statute of limitations: In Florida and many other states, patients typically have two years from when the injury was (or should have been) discovered to file a claim. Special rules may apply for children or cases involving retained surgical items.
- Limits on damages: Some states cap non-economic damages (like emotional distress). Florida currently limits certain damages, while other states, such as New Jersey, do not.
- MLH Note: Starting January 1, 2025, Florida reintroduced a cap on non-economic damages in medical malpractice cases set at $750,000 per claimant. The new cap on non-economic damages in medical malpractice cases in Florida is likely unconstitutional based on recent Florida Supreme Court Rulings.
Technology’s Role in Malpractice Cases
While technology often improves care, it can also create unique challenges when something goes wrong. Examples include:
- AI errors: Misinterpreting lab results or symptoms.
- Telehealth gaps: Incomplete documentation or failure to follow up after a virtual visit.
- Software problems: Missed test results due to system glitches.
- Inconsistent charting: Errors when multiple providers use different digital systems.
Because courts now review digital communications as part of the medical record, patients should keep copies of portal messages, emails, and telehealth notes — especially if there were delays or confusion.
What to Do If You Suspect Malpractice
If you believe you’ve been harmed by medical negligence, taking quick action is critical. Steps include:
- Seek care from another provider to address your health concerns.
- Request your complete medical records, including test results and notes.
- Document your experience — write down names, dates, symptoms, and what went wrong.
- Contact an experienced malpractice attorney as soon as possible.
Time matters. Delaying could mean lost evidence or missed deadlines that prevent you from filing a claim.
Protecting Your Rights in a Changing Medical Landscape
Medical innovation brings both benefits and risks. When providers fail to meet their responsibilities — whether in a hospital, through telehealth, or with AI tools — patients have the right to seek accountability.
At Hoffman, Larin & Agnetti, we have represented injured patients across South Florida for over 40 years. If you believe a medical error caused you harm, we’re here to review your case and guide you through the legal process.
If you or a loved one has been impacted by medical malpractice, contact us today for a confidential consultation.
Call our office 24/7 @ 305-653-5555 Text us 24/7 @305-653-1515 Email us at [email protected] or fill out this form and we will call you.
Our experienced Medical Malpractice attorneys will see you 24/7 in any of our 4 offices, at your home, or your hospital room. Our firm can assist you in our office or in your protected client portal from the safety of your home.
