
Orlando · Medical malpractice
Orlando medical malpractice lawyers. The chart tells the story.
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)
The kind of care changes the rules
Each page takes one part of Orlando’s care: births, children’s hospitals, the hospitals and their doctors, and the courts and public providers.
- 01
Birth injuries
The state plan for one kind of birth injury, and what stays a malpractice claim
Explore birth injuries - 02
Children’s hospital care
The eighth-birthday rule, who brings a child’s claim, and court approval of a settlement
Explore children’s hospital care - 03
Hospitals and their doctors
When a hospital answers for a doctor it does not employ, and who holds the licence
Explore hospitals and their doctors - 04
Courts and public providers
The circuit court, the appeal, federal court, and public or federal providers
Explore courts and public providers
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 Orlando?
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 and the kind of care. 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. Some birth injuries are handled outside the courts, by a state plan that pays on a no-fault basis (opens in a new tab). The pages on birth injuries and on the courts and public providers set out what that means in Orlando.
What does it cost to talk to a lawyer?
Nothing. The case evaluation is free, and there is no fee unless we win.