How can I tell if the treatment I got in Palm Beach County was medical malpractice?
Under Florida law, care becomes malpractice when a health care provider falls below the prevailing professional standard of care for that kind of provider and the lapse injures the patient (Fla. Stat. § 766.102). An outcome that is disappointing, or even tragic, does not meet that test unless a careful provider would have acted differently and the difference caused the harm. Before a lawsuit can be filed, Chapter 766 requires a reasonable investigation, a verified written opinion from a qualified medical expert (Fla. Stat. § 766.203), and a notice of intent followed by a 90-day presuit period (Fla. Stat. § 766.106). The claim generally must be brought within two years of when the injury was discovered or reasonably should have been (Fla. Stat. § 95.11).
Wolfson & Leon has represented injured people and families since 1963. The first consultation is free and can be in English or Spanish. The firm works on a contingency fee, with the percentage explained in writing before you sign, and it advances the costs of the case, including the expert review. The West Palm Beach office meets clients by appointment; call 561-782-1585.
What does a patient have to prove to win a malpractice case in Florida?
Take a delayed diagnosis as an example. It is not enough to show that a doctor missed something on a scan or a lab result. The patient has to show four things: the provider owed a duty of care; the provider's conduct fell short of the care that reasonably prudent similar health care providers recognize as acceptable and appropriate (Fla. Stat. § 766.102(1)); catching the problem in time would have changed what happened, so the error and not the underlying illness caused the harm; and real damages followed.
The standard of care is not something a jury guesses at. It is established through testimony from a physician who practices in the same or a similar specialty. That is why Wolfson & Leon collects the complete chart, imaging, and billing records first and has them reviewed by a qualified expert before telling you whether a case can be brought.
Why can't a malpractice lawsuit be filed right away?
Florida puts a mandatory investigation phase, called presuit, in front of every medical negligence lawsuit. The injured patient's side must investigate, obtain a verified written opinion from a medical expert that there are reasonable grounds to believe negligence caused the injury (Fla. Stat. § 766.203), and send a notice of intent to initiate litigation to each prospective defendant (Fla. Stat. § 766.106).
From that notice, the providers and their insurers have 90 days to investigate, and the statute of limitations is tolled during that window. By the end of it they must respond by rejecting the claim, making a settlement offer, or offering to arbitrate damages with liability admitted. A misstep in any of these steps can sink a claim with real merit, and the process is a large part of why malpractice cases take longer to prepare than a typical crash case.
Where is a Palm Beach County malpractice case filed, and do the rules change from one hospital to another?
People across the county are treated at St. Mary's Medical Center, Good Samaritan Medical Center, and JFK Medical Center North Campus in West Palm Beach, and at Palm Beach Gardens Medical Center, Wellington Regional Medical Center, Jupiter Medical Center, Delray Medical Center, and Boca Raton Regional Hospital, along with outpatient surgery centers, urgent care clinics, and private offices. The legal test is the same at every one of them: Florida's standard of care and presuit steps apply whether care happened in a large hospital or a small clinic. If a provider is a government entity or a public employee, sovereign immunity and the written notice required by Fla. Stat. § 768.28(6) add another layer.
If presuit does not resolve the claim and the care took place here, the lawsuit is generally filed in the Fifteenth Judicial Circuit, which serves Palm Beach County from the Main Judicial Complex at 205 N. Dixie Highway in downtown West Palm Beach.
Is there a deadline to start a medical malpractice claim in Florida?
Yes, and it has three parts (Fla. Stat. § 95.11):
- Two years from discovery. The clock starts when you knew, or with reasonable diligence should have known, about the injury and that it may have been caused by medical care.
- Four years from the care itself, at the outside. This statute of repose bars most claims filed more than four years after the incident, even if the injury was found later. It does not cut off a child's claim before the child's eighth birthday.
- Up to seven years with fraud or concealment. If a provider's fraud, concealment, or intentional misrepresentation kept the injury hidden, the period extends, but never past seven years from the incident.
My spouse or parent died after medical treatment. What is different for our family?
A death caused by medical negligence goes through the same presuit steps, and the family's recovery is governed by Florida's Wrongful Death Act. One provision applies only to these cases: under Fla. Stat. § 768.21(8), children who were 25 or older when a parent died cannot recover for lost companionship or mental pain and suffering, and parents of a child who was 25 or older cannot recover for their mental pain and suffering. A surviving spouse and children under 25 keep those claims, and medical and funeral bills, lost support and services, and the estate's own losses remain recoverable.
The Legislature voted to repeal this restriction in 2025, but the bill was vetoed, and a 2026 repeal bill passed the House and died in the Senate. It remains in the 2026 Florida Statutes, so it is current law. Wolfson & Leon will tell you plainly on the first call how it affects your family.
What losses can a malpractice claim pay for?
Two kinds. Economic damages cover the money side: medical care already received and care you will need in the future, wages and earning ability lost because of the injury, and costs such as home health help or equipment. Non-economic damages cover pain, suffering, mental anguish, and the loss of activities and enjoyment the injury took away. For injury claims against private providers, the Florida Supreme Court held the statutory caps on non-economic damages unconstitutional in 2017 (North Broward Hospital District v. Kalitan).
Claims against a government hospital or public employee are subject to sovereign immunity limits under Fla. Stat. § 768.28, and when the patient died, § 768.21(8) limits which relatives may recover non-economic damages. Because expert testimony and the presuit process make these cases expensive to bring, Wolfson & Leon weighs the likely recovery against that cost and tells you honestly whether it makes sense to go forward.
Which missteps most often weaken a Florida malpractice claim?
- Waiting to see whether things improve. The two-year clock runs from discovery, and presuit alone takes months, so a slow start can leave too little time.
- Arguing with the doctor or hospital, or signing a release or payment offer from them, before a lawyer has looked at it.
- Putting off the records request. Ask for complete copies promptly (for practitioners, under Fla. Stat. § 456.057) so the chart you rely on is the chart as it stood.
- Treating every complication as negligence. Some harms are known risks of a procedure; only an expert review separates those from real errors.
- Stopping treatment. Follow-up care with a different provider protects your health and creates an independent record of the injury.
Key facts
- The prevailing professional standard of care is the level of care that reasonably prudent similar health care providers recognize as acceptable and appropriate. Source: Fla. Stat. § 766.102(1)
- A verified written medical expert opinion must support the claim before the notice of intent is served. Source: Fla. Stat. § 766.203
- The notice of intent starts a 90-day presuit period during which the statute of limitations is tolled. Source: Fla. Stat. § 766.106
- Two years from discovery, four-year statute of repose, and no more than seven years where fraud or concealment hid the injury. Source: Fla. Stat. § 95.11
- In a death caused by medical negligence, adult children (25 and older) and parents of an adult child cannot recover non-economic damages; repeal efforts in 2025 and 2026 did not become law. Source: Fla. Stat. § 768.21(8)
- The rule barring recovery for a party more than 50% at fault does not apply to personal injury or wrongful death claims arising from medical negligence under Chapter 766. Source: Fla. Stat. § 768.81(6)
Frequently asked questions
Can a lawyer tell me on the first call whether I have a malpractice case?
Usually not with certainty, because the answer depends on what a qualified physician concludes after reading the records. On the first call Wolfson & Leon listens to what happened, tells you whether it is worth investigating, and if it is, gathers the records and arranges the expert review, with the firm advancing that cost as part of the case.
How do I get copies of my medical records?
Florida law gives patients the right to copies of their records; for doctors and other licensed practitioners, that right is in Fla. Stat. § 456.057. With your signed authorization, Wolfson & Leon requests them from every provider involved. Keep any discharge instructions, test results, or pharmacy labels you already have.
I missed a follow-up appointment. Does that end my claim?
Not necessarily. Florida's rule that bars recovery for a person more than 50% at fault does not apply to medical negligence claims under Chapter 766 (Fla. Stat. § 768.81(6)). Your own share of fault, if any, reduces the recovery by that percentage instead of wiping it out.
Is the amount I can recover capped?
For injury claims against private providers, no. In North Broward Hospital District v. Kalitan (2017), the Florida Supreme Court held that the statutory limits on non-economic damages in these cases violate the state constitution. Claims against government providers are limited by sovereign immunity, and in death cases § 768.21(8) restricts which family members may recover non-economic damages.
Do I have to take the stand against the doctor who treated me?
Only if the case goes to trial, and most malpractice cases are resolved before that. You would describe what happened to you; the testimony about what the standard of care required comes from medical experts, not from you.
What happens when you call
Someone from the firm picks up
Dial 561-782-1585 day or night. A person answers, in Spanish if you like; if you call in the small hours, we take your details and an attorney calls you early the next morning.
A short conversation about what happened
About 15 minutes: the date and place, whether a doctor has seen you, whether police wrote a report, and whether any insurer has reached out. No documents needed.
A straight answer
If it is a case the firm can take, we explain the next step and what to avoid in the meantime. If it is not, we say so plainly and point you to where else to turn.
Nothing up front
The firm works on a contingency fee, a percentage explained in writing before you sign. Meetings in West Palm Beach are by appointment, and if you cannot travel, a visit at home or in the hospital can be arranged.
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