Jacksonville · Medical malpractice
Jacksonville medical malpractice lawyers. We read the chart first.
What happened in a hospital or a clinic is written down: the orders, the nursing notes, the test results and the times. Florida requires a medical expert to review that record before a malpractice claim can go forward, and it limits the time you have to start.
Florida malpractice law, in four numbers
- 2 years
from the incident, or from when it was or should have been discovered
s. 95.11(5)(c), Florida Statutes (opens in a new tab) - 4 years
the outer limit from the date of the incident, in most cases
s. 95.11(5)(c), Florida Statutes (opens in a new tab) - 90 days
after notice of the claim is delivered, during which a suit may not be filed
s. 766.106, Florida Statutes (opens in a new tab) - 1 opinion
a medical expert’s verified written opinion must go with the notice of the claim
s. 766.203, Florida Statutes (opens in a new tab)
Who provided the care changes the rules
Each page takes one part of it in Jacksonville: the university hospital, the Navy and the VA, the emergency room, and the courts.
- 01
University hospital care
Who is sued, what can be paid, and the steps before a lawsuit
Explore university hospital care - 02
Military and VA care
A claim that goes to a federal agency first, and how the rules differ by patient
Explore military and VA care - 03
Emergency and trauma care
The standard for emergency care, where it stops, and who answers for the doctor
Explore emergency and trauma care - 04
Courts and deadlines
The steps before a lawsuit, in order, then the circuit court, the appeal and the federal court
Explore courts and deadlines
What to do this week
- Step 1
Ask for the whole chart
Request the complete record in writing, including the nursing notes, the orders and the test results, not just the discharge summary.
- Step 2
Write the timeline down
What you were told, what you signed, what happened afterward, and when you first learned that something had gone wrong.
- Step 3
Talk to us before you sign anything
Don’t give a recorded statement to the hospital’s insurer or sign a release before a lawyer has read it.
The trial team
Total recovered across all matters
Firm-wide total across all matters. Past results do not guarantee a future outcome.
Adam J. Zayed
Founder & Managing Trial Attorney
Andrew D. Miller
Partner
Shaun R. Bushing
Partner
Frequently Asked Questions
The short answer
How do you know whether a bad medical outcome was malpractice?
Not from the outcome alone. By statute, the existence of a medical injury does not create any inference or presumption of negligence (opens in a new tab). The patient must prove a breach of the prevailing professional standard of care (opens in a new tab) and that it caused the injury. Before any lawsuit, the patient’s side must investigate and obtain a medical expert’s verified written opinion (opens in a new tab), which is why the review starts with the record of your care.
How long do I have to bring a medical malpractice claim in Jacksonville?
The lawsuit must be started within 2 years of the incident, or of when it was or should have been discovered, and in no event later than 4 years after the incident (opens in a new tab). The notice of intent must be served within those time limits (opens in a new tab). Where fraud or concealment prevented discovery of the injury, the period runs 2 years from when the injury was or should have been discovered, and in no event beyond 7 years from the incident (opens in a new tab). For a child, the statute says only that the 4-year and 7-year limits do not bar a claim brought on or before the child’s eighth birthday (opens in a new tab), and that clause does not mention the 2-year period.
Is a bad result enough to bring a claim?
No. By statute, the existence of a medical injury does not create any inference or presumption of negligence (opens in a new tab). The patient must prove a breach of the prevailing professional standard of care (opens in a new tab) and that it caused the injury.
How do I get my medical records?
Ask in writing for the complete record. A Florida health care practitioner must, on request of the patient or the patient’s legal representative, furnish copies of the records in a timely manner, without delays for legal review (opens in a new tab). For psychiatric, psychological or psychotherapy records the practitioner may provide a report of examination and treatment (opens in a new tab) in place of copies. A hospital must also furnish copies in a timely manner, on a written request made after discharge (opens in a new tab). Its charge for paper copies may not exceed $1 per page, with up to $1 more for each year of records requested, plus sales tax and postage (opens in a new tab).
Does it matter who provided the care?
Yes. The rules follow the provider. What a government body can be made to pay is limited, in the 2026 statutes, to no more than $200,000 to one person or $300,000 for one incident (opens in a new tab) without a further act of the Legislature. A claim against the United States over negligent care by a federal employee goes to the agency before any court, and it is barred unless presented in writing to the appropriate federal agency within two years after it accrues (opens in a new tab). The rules are different for a service member and for care by a contractor, and they are on the Florida law page. The pages on university hospital care and military and VA care set out what that means in Jacksonville.
What does it cost to talk to a lawyer?
Nothing. The case evaluation is free, and there is no fee unless we win.