When Medical Care Goes Wrong: Finding Justice in Florida
When you place your trust in healthcare providers, you expect healing and care. But sometimes, that trust is broken through preventable mistakes that change lives forever. If you’re facing the aftermath of a medical error in Florida, you’re not alone – and you don’t have to steer this challenging journey without support.
Florida’s top medical malpractice attorneys bring decades of experience to the table. Scott R. McMillen has dedicated over 30 years to helping patients, earning an AV Preeminent rating from his peers. Michael S. Smith offers a unique perspective with 37 years of experience, including time as a defense attorney before choosing to represent patients. Joseph “Joe” Landy’s Board Certification and Hall of Fame recognition speak to his exceptional trial skills, while Christopher Larmoyeux’s impressive record includes over 80 verdicts and settlements exceeding $1 million throughout his 40+ year career. Victor H. Womack rounds out this distinguished group, bringing 30+ years of experience including valuable insights from his former defense work.
The reality of medical errors is heartbreaking. When healthcare providers fail to deliver proper care, families face mounting medical bills, ongoing pain, and profound uncertainty about the future. What makes these situations even more difficult is that Florida’s medical malpractice system has specific rules that create additional problems for those seeking justice.
“Medical malpractice is a term used to describe what occurs when inadequate medical care harms patients.” – Florida Medical Malpractice Handbook
From the moment a medical error occurs, hospitals and insurance companies spring into action with experienced defense teams. They rarely admit wrongdoing, and often try to quickly settle cases for far less than they’re worth – hoping you’ll accept before understanding your case’s true value.
Thankfully, most Florida medical malpractice attorneys offer free consultations and work on a contingency fee basis. This means quality legal representation is accessible regardless of your financial situation – you pay nothing unless compensation is recovered for you.
The right attorney brings much more than legal knowledge to your case. They have established connections with respected medical professionals, access to specialized resources, and the experience needed to present complex medical information to juries in clear, compelling ways.
When searching for representation, look beyond flashy advertising. Focus instead on attorneys with Board certification in civil trial law, a proven track record in medical malpractice cases, recognition from respected organizations like Martindale-Hubbell and Super Lawyers, strong medical resource networks, and a commitment to clear communication and personal attention.
Florida has a strict two-year statute of limitations for most medical malpractice claims. Taking timely action is essential to preserve your rights and options for recovery.
What Counts as Medical Malpractice in Florida?
When medical care goes wrong, it’s natural to wonder if what happened qualifies as malpractice. In Florida, medical malpractice isn’t just about an unwanted outcome from your treatment—it’s much more specific than that.
Under Florida law, medical malpractice occurs when a healthcare provider fails to deliver care that meets the “customary standard” that other similar professionals would provide in comparable circumstances.
Florida Statute § 766.102 puts it this way: the standard of care is “that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”
To have a valid medical malpractice claim in Florida, you need four essential elements:
- A doctor-patient relationship existed (establishing a duty of care)
- The healthcare provider breached the standard of care
- This breach directly caused your injury
- You suffered significant damages (medical bills, lost wages, pain)
We often see clients confused about what qualifies as malpractice. Surgical errors, misdiagnosis, medication mistakes, and birth injuries are common examples. But not every negative outcome means someone was negligent. Sometimes complications happen despite excellent care. The key difference is whether your provider’s actions strayed from accepted medical standards.
It’s worth noting that Florida once limited non-economic damages (like pain and suffering) in medical malpractice cases. Good news for patients—in 2017, the Florida Supreme Court ruled these caps unconstitutional in North Broward Hospital District v. Kalitan, allowing injured patients to pursue full compensation.
Key Time Limits Every Floridian Should Know
Florida’s time limits for filing medical malpractice claims are particularly strict and can be confusing. Missing these deadlines typically means losing your right to compensation forever.
The two-year clock starts ticking from when you finded (or should have finded) the injury—not from when the actual mistake happened. This is crucial to understand because many medical injuries aren’t immediately obvious.
Even if you don’t find an injury right away, Florida’s four-year statute of repose creates an absolute deadline. With rare exceptions, you cannot file a claim more than four years after the incident occurred, regardless of when you finded it.
For children, there’s some flexibility. If the patient is under 8 years old, the statute extends until the child’s eighth birthday, giving families more time to recognize developmental issues that might result from medical negligence.
In cases where healthcare providers deliberately concealed their mistakes—which unfortunately does happen—tolling rules may extend the deadline up to seven years. But proving fraud adds another layer of complexity to an already challenging case.
“After my surgery went wrong, I was confused about my options,” shares Maria, a former client. “The Barzakay team explained everything clearly and filed my case before the deadline I didn’t even know existed.”
At The Barzakay Law Firm, we emphasize acting quickly when you suspect malpractice. Evidence fades, memories blur, and medical records can become harder to obtain as time passes. The sooner you reach out to a qualified attorney, the stronger your case will be.
For the latest research on filing deadlines, you can consult Florida’s official statutes, but we recommend speaking with a medical malpractice attorney in Florida who can interpret these complex rules for your specific situation.
Florida Malpractice Lawsuit Roadmap & Costs
Walking into a medical malpractice case can feel like entering a maze without a map. Let me guide you through what to expect if you’re considering legal action in Florida.
The journey begins with a free consultation where we’ll sit down together to discuss what happened and if you have a viable claim. This no-pressure conversation helps us both understand if moving forward makes sense for your situation.
If we decide to proceed, we’ll launch a thorough pre-suit investigation. During this phase, we gather your medical records, consult with healthcare professionals, and build the foundation of your case. This careful groundwork is essential for what comes next.
Florida law requires us to send a formal notice of intent to all potential defendants at least 90 days before filing a lawsuit. This isn’t just paperwork—it must include an affidavit from a qualified medical professional supporting your claim. Think of this as officially putting the healthcare providers on notice.
During this 90-day window, healthcare providers conduct their own investigation. They might offer to settle, deny responsibility, or suggest arbitration. This pre-suit screening period can sometimes resolve cases before they ever reach a courtroom.
If we don’t reach a resolution, we’ll file your lawsuit and enter the findy phase. This is where both sides exchange information through depositions (recorded testimonies), written questions, and document requests. It’s thorough and sometimes lengthy, but absolutely necessary.
Many cases find resolution during court-ordered mediation, where a neutral third party helps facilitate settlement discussions. If mediation doesn’t lead to an agreement, we prepare for trial, which typically lasts 5-10 days. After a verdict, either party can appeal if they believe legal errors occurred.
What About the Cost?
At The Barzakay Law Firm, we work on a contingency fee basis. This means:
- You pay nothing upfront
- We only get paid if you receive compensation
- Our fee comes as a percentage of what we recover for you
- If we don’t win, you don’t pay attorney fees
This arrangement makes quality legal representation available to everyone, regardless of financial circumstances.
The standard contingency fees in Florida medical malpractice cases follow this structure:
| Recovery Stage | Percentage |
|---|---|
| Pre-suit settlement | 33.33% |
| After filing lawsuit | 40% |
| Appeal | 40-45% |
We also advance all case expenses—like filing fees, expert witness costs, and record retrieval fees—and only recover these costs if we win your case. This removes financial barriers that might otherwise prevent you from seeking justice.
Tech & Resources That Strengthen Your Claim
Modern medical malpractice cases benefit tremendously from advanced technology and resources. At The Barzakay Law Firm, we leverage these tools to build the strongest possible case for you.
We use sophisticated electronic medical record analysis to spot inconsistencies, alterations, or gaps in documentation that might indicate malpractice. When explaining complex medical concepts to judges and juries, our advanced trial presentation technology helps make complicated information clear and compelling.
Our secure client portals keep you connected to your case with 24/7 access to updates, documents, and communication logs through encrypted platforms. You’ll never be left wondering about the status of your case.
We’re not limited by geography when gathering expert testimony. Video depositions allow us to work with the perfect medical experts for your case, regardless of where they’re located. And our subscriptions to comprehensive medical literature databases ensure we can support standard-of-care arguments with the latest peer-reviewed research.
“Using the latest technical advances delivers legal services in the most cost-effective, timely, and convenient manner,” notes one Florida malpractice law firm. We couldn’t agree more.
These resources help level the playing field against well-funded hospitals and insurance companies, while potentially reducing the time needed to resolve your case.
How We Identify Top Medical Malpractice Attorneys in Florida
When your health and future are on the line, finding the right legal advocate isn’t something to leave to chance. At The Barzakay Law Firm, we know that looking beyond flashy advertisements is essential when identifying truly outstanding medical malpractice attorneys in Florida.
What makes a medical malpractice attorney truly stand out? It starts with Board Certification in Civil Trial Law – an achievement earned by less than 7% of eligible Florida attorneys. This prestigious designation isn’t handed out easily. It requires extensive courtroom experience, endorsements from peers, and passing a challenging examination that tests deep knowledge of trial procedures.
Peer recognition speaks volumes in the legal community. When you see ratings like AV Preeminent from Martindale-Hubbell, listings in Best Lawyers in America, or Super Lawyers designations, you’re seeing acknowledgment from fellow attorneys who understand the complexities of medical malpractice cases.
A proven track record of significant verdicts and settlements demonstrates an attorney’s ability to both try cases effectively and negotiate favorable outcomes. Past results often indicate future performance, especially in complex medical cases where experience truly matters.
Successful medical malpractice attorneys develop substantial medical knowledge over years of practice. They build networks of qualified medical professionals who can evaluate cases accurately and provide compelling testimony when needed. This medical insight is crucial for translating complex concepts to judges and juries.
Don’t overlook the importance of client reviews. Consistent positive feedback indicates an attorney who communicates clearly, manages expectations honestly, and delivers on promises made. As one satisfied client noted about a Florida malpractice attorney: “He is professional, understanding and worked diligently until the end! Thanks for your hard work.”
Depth of experience with cases similar to yours means an attorney can anticipate defense strategies and steer the specific medical issues involved in your situation. There’s simply no substitute for having handled similar cases before.
Finally, consider the resources available to your potential attorney. Medical malpractice cases require substantial financial investment for expert witnesses, medical exhibits, and thorough investigation. Established firms can advance these costs without cutting corners on your case preparation.
As the Florida Medical Malpractice Handbook wisely notes, “Superior qualifications and successful track records are far more important than flashy advertisements.” We couldn’t agree more.
Why choosing the right medical malpractice attorney in Florida matters
The attorney you select can dramatically impact your case outcome in several crucial ways:
Your chances of winning are significantly affected by attorney selection. Studies show plaintiffs in medical malpractice cases win only about 23% of the time, compared to 59% for other personal injury cases. An attorney with specific medical malpractice experience knows how to overcome these challenging odds through meticulous preparation and presentation.
Skilled attorneys understand what evidence to gather before it disappears. They know exactly which medical records to request, which expert witnesses will strengthen your case, and how to document your injuries thoroughly from day one.
Your attorney’s reputation provides important negotiation leverage. Insurance companies carefully track which attorneys consistently prepare cases thoroughly and try them successfully. Those with strong reputations often receive better settlement offers simply because insurers know these attorneys are prepared to go the distance.
At The Barzakay Law Firm, we’ve built our reputation on thorough preparation, strategic case development, and unwavering advocacy for our clients. When you’re facing the aftermath of medical negligence, having the right attorney can make all the difference in your recovery – both physically and financially.
More info about malpractice services
Meet Leading Florida Malpractice Attorneys for 2025
Looking for exceptional legal representation for a medical malpractice case in Florida can feel overwhelming. The good news? Several attorneys have distinguished themselves through their remarkable achievements, dedication, and client results. Let’s get to know some of Florida’s most accomplished medical malpractice attorneys:
Scott R. McMillen brings a fascinating perspective to his practice. For over 30 years, he’s focused exclusively on medical malpractice cases in Florida. What makes his approach unique? He started his career defending hospitals and doctors before switching sides to represent patients for the past 33 years. This insider knowledge gives his clients a strategic edge. His credentials speak volumes—recognition in five consecutive editions of Best Lawyers in America® and perfect ratings from both Martindale-Hubbell (AV Preeminent – 5/5) and Avvo (Superb – 10/10).
Michael S. Smith draws on 37 years of legal wisdom in his medical malpractice practice. Like McMillen, Smith began on the defense side, representing healthcare providers and insurance companies. This background allows him to anticipate exactly how the opposition will approach your case. His track record includes numerous seven-figure outcomes for clients, including a remarkable $3.54 million arbitration award in a medical negligence case. His peers have recognized his skills through inclusion in Best Lawyers in America® and an AV Preeminent rating.
Joseph “Joe” Landy stands out with his national Board Certification in Civil Trial Law and over three decades of litigation experience. His trial results speak for themselves—they earned him a coveted spot in the Trial Lawyers Hall of Fame, an honor based purely on jury verdict history. As one of just three nursing home lawyers admitted into the initial Hall of Fame class, he brings particular strength to elder care negligence cases.
Christopher Larmoyeux has built an impressive legacy over 40+ years of trial experience. With approximately 80 verdicts and settlements exceeding $1,000,000, his record demonstrates consistent success. Board Certified in Civil Trial Law, Larmoyeux dedicates roughly 70% of his practice to medical malpractice cases. When settlement talks break down, his extensive courtroom experience becomes invaluable.
Victor H. Womack offers clients a truly distinctive background. After spending 30 years defending healthcare providers, he now exclusively represents victims of medical malpractice. Having tried over 200 medical malpractice cases to verdict, he brings intimate knowledge of defense tactics to every case. His professional standing includes an AV Preeminent rating and membership in the prestigious American Board of Trial Advocates.
The Barzakay Law Firm — Statewide Florida Representation
When you’re facing the aftermath of medical negligence, having a trusted legal team on your side makes all the difference. At The Barzakay Law Firm, we’ve built our reputation as compassionate advocates for medical malpractice victims throughout the Sunshine State. With convenient offices in Hollywood, Miami, Boca Raton, Sunrise, Orlando, and Fort Lauderdale, we’re never far away when you need us most.
Our approach to medical malpractice cases comes from a place of genuine concern for our clients. We know you’re not just another case number – you’re someone whose life has been turned upside down by a preventable medical error. That’s why we take the time to sit down with you, listen to your story, and understand how this experience has affected your life and your family.
“The most important thing we do is listen,” says Peter Barzakay. “Every client brings a unique situation, and understanding their specific needs helps us build not just a stronger case, but a relationship based on trust.”
We partner with respected medical professionals who help us analyze records, identify breaches in the standard of care, and document exactly how those failures caused your injuries. This thorough approach has helped us secure meaningful compensation for clients throughout Florida.
Clear communication is the cornerstone of our client relationships. We’ll keep you informed at every stage of your case, explain complex legal concepts in straightforward language, and always make ourselves available to answer your questions. You’ll never wonder where your case stands or what happens next.
Our multilingual team ensures that language barriers never prevent anyone from accessing quality legal representation. Whether you speak English, Spanish, Creole, or another language, we can assist you effectively.
We understand that mobility can be challenging after a medical injury. That’s why we offer flexible meeting options – including virtual consultations and, when necessary, meetings at your home or hospital room. Your comfort and convenience matter to us.
The best medical malpractice attorney in Florida doesn’t just win cases – they care about improving healthcare for everyone. By holding negligent providers accountable, we’re working toward a safer healthcare system for all Floridians.
Perhaps most importantly, we work exclusively on a contingency fee basis. This means you’ll never pay upfront costs or attorney fees – we only get paid if we secure compensation for you. This arrangement aligns our interests perfectly with yours and makes quality legal representation accessible regardless of your financial situation.
We invite you to reach out for a free, no-pressure case evaluation. Our experienced team will review your situation, explain your options, and help you determine the best path forward. There’s no obligation, just straightforward guidance when you need it most.
If you’re ready to take the first step toward justice, we’re here to walk alongside you. More info about our Florida malpractice team
Frequently Asked Questions about Florida Medical Malpractice
When should I contact a medical malpractice attorney in Florida?
If you suspect that you or someone you love has been harmed by a healthcare provider’s mistake, don’t wait to reach out for legal help. Time truly is of the essence when it comes to medical malpractice in Florida.
Early consultation matters for several important reasons. First, medical records sometimes mysteriously change after an incident, and critical evidence can disappear faster than you might expect. The sooner we can secure these documents, the better protected your case will be.
Florida’s strict two-year deadline starts ticking from when you first finded (or reasonably should have finded) your injury. This might sound like plenty of time, but preparing a medical malpractice case is like assembling a complex puzzle – it takes considerable time to gather all the pieces.
“I’ve seen too many heartbreaking situations where patients waited too long because they weren’t sure if what happened qualified as malpractice,” says attorney Percy Barzakay. “By the time they called, the clock had already run out.”
Florida law requires a thorough investigation and expert medical testimony before you can even file your lawsuit. This pre-suit process can take months to complete properly.
At The Barzakay Law Firm, we always recommend scheduling a free consultation even if you’re on the fence about whether malpractice occurred. Our initial case evaluations come with no obligation, so you have nothing to lose by getting professional guidance about your situation.
How much will a malpractice lawyer cost me?
One of the first concerns many people have is how they’ll afford a lawyer when they’re already dealing with medical bills and possibly lost income.
Here’s the good news: at The Barzakay Law Firm, we take cases on a pure contingency fee basis. This means you don’t pay a penny upfront or along the way. We only get paid if we win money for you.
We advance all the costs needed to build your case – from filing fees to expert witness costs (which can run into thousands of dollars). These expenses are later reimbursed from your settlement or verdict, but if we don’t win, you don’t owe us anything for these costs.
Our fee structure follows Florida Bar guidelines, typically ranging from 33.33% for cases that settle before filing a lawsuit to 40% for cases that go through trial. During your first meeting with us, we’ll explain exactly how this works so there are no surprises.
The expenses we cover for you typically include:
– Medical expert testimony (often the largest expense)
– Court filing fees
– Medical record retrieval
– Deposition costs
– Visual exhibits for settlement or trial
– Travel expenses related to your case
We believe everyone deserves access to quality legal representation, regardless of their financial situation. This fee arrangement levels the playing field, allowing you to stand up to powerful healthcare and insurance companies.
Do most medical malpractice cases go to trial?
While television dramas might make it seem like every case ends up in a dramatic courtroom showdown, the reality is quite different. About 93-95% of valid medical malpractice claims in Florida settle before trial.
That said, the path to settlement often winds through several stages. Some cases resolve during Florida’s mandatory 90-day pre-suit period, though this is less common. Others settle during early litigation or during court-ordered mediation.
Many cases don’t settle until they’re approaching the trial date. As both sides complete their investigation and the strengths and weaknesses of the case become clear, the motivation to reach an agreement often increases.
“Even though most cases settle, we prepare every single one as if it’s going to trial,” says Percy Barzakay. “This thorough preparation actually leads to better settlements because insurance companies can tell when you’re ready to go the distance if necessary.”
This approach makes sense when you look at the statistics. While plaintiffs win only about 23% of medical malpractice trials, when they do win, the awards tend to be significantly higher than pre-trial offers—often 17 times higher than typical tort cases.
At The Barzakay Law Firm, we’ll guide you through every step of the process, helping you understand when settlement makes sense and when it might be worth taking your case to a jury. We’re equally comfortable at the negotiating table and in the courtroom.
Conclusion
When medical care goes wrong, finding your way through Florida’s complex malpractice system can feel overwhelming—especially when you’re already dealing with an injury. That’s why having the right legal partner makes all the difference in your journey toward healing and justice.
Throughout this guide, we’ve explored what constitutes medical malpractice in Florida, the critical time limits for filing claims, and how to identify attorneys who can effectively champion your cause. Florida’s strict two-year statute of limitations means that time is truly of the essence when pursuing these claims.
The search for a medical malpractice attorney in Florida shouldn’t be driven by who has the flashiest commercials. Instead, focus on credentials that truly matter—Board Certification in Civil Trial Law, recognition from respected legal organizations, and a documented history of favorable outcomes in cases like yours.
At The Barzakay Law Firm, we understand that behind every case is a person whose life has been changed by a preventable medical error. Our approach combines legal knowledge with genuine compassion for what you’re going through. We offer:
- Free, no-pressure case evaluations to understand your situation
- Representation without upfront costs—we only get paid if you do
- Convenient service from our offices in Hollywood, Miami, Boca Raton, Sunrise, Orlando, and Fort Lauderdale
- Staff who speak your language, literally—our multilingual team ensures clear communication
- Flexibility with virtual consultations or coming to you when your injuries make travel difficult
- Connections to respected medical professionals who strengthen your case
- Thorough preparation that leaves no stone unturned
Many of our clients initially hesitate to come forward, wondering if what happened to them really constitutes malpractice or if pursuing a claim is “making too big a deal” of their situation. We’re here to tell you that your health matters, your story deserves to be heard, and if someone’s negligence harmed you, seeking accountability isn’t just your right—it might prevent the same thing from happening to someone else.
Taking that first step can be the hardest part. That’s why we’ve made it as simple as possible to get in touch for a free consultation. Our team will listen carefully, ask thoughtful questions, and give you honest feedback about your potential claim.
Medical malpractice cases aren’t just about compensation—though that’s certainly important for covering medical bills, lost wages, and future care. These cases also drive meaningful improvements in healthcare safety for all Floridians. When providers are held accountable, policies change, and patients benefit.
Ready to discuss your situation with a team that truly cares? We’re here to help.
More info about our Florida malpractice team