Who Can Sue for Medical Malpractice in Florida?

If you’re wondering who can sue for medical malpractice in Florida, you must already be in a difficult situation. We are brought up to trust the healthcare professionals we go to for advice and assistance. We believe they have our best interests at heart. When one of them fails in their duty to do no harm, and we end up injured or losing a loved one, the whole world turns upside down.

Medical malpractice is “any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient.” Any negligent action or oversight by a medical provider can have devastating consequences.

Holding healthcare professionals accountable for their actions can bring a sense of justice to victims and provide much-needed compensation when they need it most. At Colling Gilbert Wright, we champion our clients’ rights, doing our best to rectify the wrongs they’ve suffered.

So, who can sue for medical malpractice in Florida? Let us explain.

These types of claims can be very complicated and just as hard to prove. Colling Gilbert Wright has experience, courage, and a passion for justice. If you suspect you have a claim, call our Orlando medical malpractice lawyers at (407) 712-7300 for a FREE case evaluation.

Who Can Bring a Medical Malpractice Suit in Florida?

If the situation is such that the “actions of the health care provider represented a breach of the prevailing professional standard of care” and you or a loved one were injured because of it, then a medical malpractice lawsuit would be the logical next step (Florida Statutes § 766.102(1)). The wrongdoer must be held accountable, possibly saving others from a similar situation.

But what does “standard of care” really mean? In Florida, the standard of care is used to evaluate negligence by focusing on what a competent, similarly trained healthcare professional would have done in the same situation. It focuses on competency, rather than perfection. As a medical malpractice claimant, you must be able to present expert testimony to first establish this standard and secondly, show how the incompetent medical provider breached it.

Read More: What Is the Standard of Care in Medical Malpractice Claims?

So, who can sue for medical malpractice in Florida? Typically, the adult who has been injured due to medical negligence would be the one to sue. However, there are a few exceptions:

• When injuries are severe, disabling, or permanent, the adult patient’s immediate family (spouse, children, or parents/guardians) may be eligible to file a claim
• Parents or guardians of a child may file on behalf of the child (child must be 25 years old or younger)
• Guardians of an adult may file on behalf of that adult

Can Loved Ones Sue for Medical Malpractice in Florida?

Yes. As stated above, parents or guardians can file on behalf of their children (if they are 25 or under). Additionally, there are occasions when a guardian can file on behalf of an adult. Additionally, if the patient passes away due to medical malpractice, the loved ones may be able to file a wrongful death lawsuit.

It is important to understand that only one person can file. That person should be the personal representative of the estate, and they will file on behalf of the family.

The personal representative needs to list all of the surviving family members when filing the Florida wrongful death lawsuit. These may include:

• Spouse
• Children
• Parents
• Grandchildren
• Adopted children or grandchildren
• Adopted siblings or blood relatives that were partially or wholly dependent on the deceased

With the pain and heartache that medical malpractice can cause to a victim and their family, you can’t be expected to sift through state law to understand your rights and next steps. A compassionate medical malpractice attorney can guide you, let you know who can sue for medical malpractice in Florida, and whether you have a case for compensation.

How Long Do You Have To Sue a Doctor for Malpractice in Florida?

The Florida statute of limitations on medical malpractice and wrongful death is 2 years from the date of the incident or the date the injury was discovered “or should have been discovered with the exercise of due diligence” (§ 95.11(4)(c)). However, there is a maximum limit of 4 years from the incident date unless the action is being “brought on behalf of a minor on or before the child’s eighth birthday.”

A statute of limitations is meant to give a set time by which you must have begun legal action. Some believe these limitations ensure that memories and evidence are fresh at the time of filing. However, others argue that they may enable negligent parties to avoid accountability for their actions.

Regardless of the purpose, if you attempt to file a lawsuit outside of the statute of limitations, it will most likely be denied. You deserve just compensation for the terrible losses you’ve suffered. Consult an attorney as soon as possible to ensure you have the opportunity to hold the negligent party(ies) accountable.

What Is the First Step in a Malpractice Suit?

If you suspect that you or a loved one have been the victim of medical malpractice, the absolute first step you should take is to schedule a FREE consultation with an Orlando medical malpractice attorney. Experienced legal representation will be able to assess your case and let you know if it is viable.

Then, if you have a claim, they will help you build your case. This will include:

• Gathering evidence
• Consulting with medical experts
• Offering support and guidance regarding the legal process
• Filing legal documents
• Negotiating with the healthcare provider’s insurance company
• Taking your case to court if a settlement cannot be reached
• Arranging expert medical testimony
• Ensuring deadlines are met
• Accurately calculating your damages
• Looking out for your best interests

Compassionate and dedicated legal representation is vital to the success of your claim. It doesn’t cost a thing to get your first consultation, and after that, most medical malpractice lawyers work on a contingency fee. This means they aren’t getting paid until you do. Reach out for help to get the justice you deserve.

Read More: What To Look For in a Medical Malpractice Law Firm

The Medical Malpractice Exemption in Florida Law

The Florida Wrongful Death Act contains a number of appalling inequalities, primarily through the “free kill” law. The law bans recovery for non-economic damages in medical malpractice cases if the deceased was 25 years old or older, unmarried, and childless. This act restricts legal recourse for parents of adult children and adult children of deceased parents, creating a number of unfair exemptions, including:

• Medical Malpractice Exception: Survivors of a patient cannot sue for pain and suffering under the conditions mentioned. That means there is no monetary accountability for healthcare providers in these cases.
• Arbitrary Age Limitations: Children over the age of 25 are treated differently than minors. They cannot receive monetary compensation for emotional distress, psychological trauma, or mental anguish, whereas minor children could.
• Unequal Treatment of Death Types: Parents could file a lawsuit for the death of an adult child if that death occurred in a car accident. However, not if the death occurred because of medical malpractice.
• Limited Survivor Class: The law excludes siblings, fiancés, and other close relatives from recovering damages like loss of companionship.
• Net Accumulations Restriction: For individuals who are retired, for example, the law allows minimal recovery for lost future earnings.

Recent attempts, such as HB 6017, aimed to repeal this decades-old restriction. Unfortunately, this valiant effort faced challenges and was ultimately vetoed by Florida Governor Ron DeSantis in 2025. DeSantis cited concerns that allowing these lawsuits would increase healthcare costs, drive physicians away, and raise insurance premiums.

What To Look For in a Medical Malpractice Law Firm

The attorney you pick to represent your legal rights matters. When choosing a firm to handle your medical malpractice lawsuit, consider these factors:

• Experience in Medical Malpractice: Ensure the firm focuses on medical malpractice rather than general personal injury. These cases require deep knowledge of medical procedures and legal complexities.
• Proven Track Record: Look for a firm with a history of successful results (both verdicts and settlements) in cases similar to yours.
• Resources and Network: A qualified lawyer should have access to medical experts, investigators, and resources to build a robust case.
• Local Knowledge: Having a local attorney on your side is advantageous as they are familiar with local court rules and judges.
• Communication and Transparency: Choose a firm that is responsive, provides clear information on fees, offers a contingency-based billing structure, and clearly communicates risks.
• Reputation and Reviews: Check reviews on platforms like Google Reviews or Avvo to gauge client satisfaction.

Orlando-based Colling Gilbert Wright is a highly awarded personal injury firm, with attorneys consistently ranked by Best Lawyers, Super Lawyers, and Martindale-Hubbell. For example, Melvin B. Wright was named “Lawyer of the Year” for both personal injury and product liability litigation in Orlando by Best Lawyers. The firm is also recognized for its community involvement, including sponsoring the Legal Aid Society’s Breakfast of Champions and hosting the “More Than a Game” Scholarship.

Contact the Medical Malpractice Lawyers at Colling Gilbert Wright for Assistance

When trust is broken in such a devastating manner, we cry out for something to be done to rectify the situation. Though we can’t turn back time, we can try to hold negligent medical practitioners accountable for their actions, seeking just compensation and protecting future victims from the same fate.

At The Florida Firm Injury and Accident Lawyers, we believe it’s not enough to simply do the right thing—we must do the exceptional thing. We are committed to standing by your side throughout the entire process as the beacon that guides you through the legal process and steers you toward justice and recovery.

Who can sue for medical malpractice in Florida? Perhaps you could. If you suspect you have a claim, contact our attorneys for a FREE consultation. We are proud to represent our neighbors in their fight for justice.