Medical Malpractice Laws in Florida (2026): Deadlines & Caps

Florida has one of the most detailed pre-suit processes in the country, and its damages rules have changed dramatically because of the courts. A patient generally has two years to sue under Fla. Stat. 95.11, must complete a Chapter 766 pre-suit notice and investigation before filing, and faces no enforceable statutory cap on non-economic damages because the Florida Supreme Court struck the cap down.

This page is general legal information, not legal advice, and it is part of our Medical Malpractice Laws by State series. The deadlines and the pre-suit steps depend on the facts, so confirm your situation with a licensed Florida attorney.

What counts as medical malpractice in Florida?

Florida defines an action for medical malpractice as a claim for damages because of death, injury, or monetary loss arising out of medical, dental, or surgical diagnosis, treatment, or care by a health care provider. The claim requires proof that the provider breached the prevailing professional standard of care and that the breach caused the injury, under Fla. Stat. 766.102. Physicians, dentists, nurses, hospitals, and other licensed providers can be liable. A bad outcome alone does not establish malpractice; the patient must show care that fell below what a reasonably prudent similar provider would have rendered.

The statute of limitations to sue in Florida

Under Fla. Stat. 95.11(5)(c), the paragraph formerly designated 95.11(4)(b), a medical malpractice action must be commenced within two years from the time the incident occurred or within two years from when the incident was discovered, or should have been discovered with the exercise of due diligence. This discovery rule means the two-year clock can start when a reasonable patient would have learned of the injury and its possible connection to the care, rather than on the date of treatment. The statute applies to claims sounding in tort or contract that arise from medical, dental, or surgical care.

Florida's statute of repose

Florida sets an absolute outer deadline. In no event may a malpractice action be commenced later than four years from the date of the incident, regardless of when the injury is discovered. There is one extension: if fraud, concealment, or intentional misrepresentation prevented discovery, the period can extend, but in no event more than seven years from the incident. A separate exception protects minors, so the four-year and seven-year repose limits do not bar an action brought on behalf of a child on or before the child's eighth birthday.

Damage caps in Florida: the cap was struck down

This is the single most important point for Florida, and it is frequently stated incorrectly. Florida enacted caps on non-economic (pain and suffering) damages in medical malpractice cases in Fla. Stat. 766.118 as part of a 2003 reform, but those caps are no longer enforceable. The Florida Supreme Court held them unconstitutional under the equal-protection guarantee of the Florida Constitution.

The cap fell in two decisions. In Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014), the court struck down the cap as applied to wrongful-death medical malpractice. In North Broward Hospital District v. Kalitan, 219 So. 3d 49 (Fla. 2017), the court extended that holding to personal-injury malpractice cases, finding the caps arbitrarily reduced compensation without regard to the severity of the injury and lacked a rational basis. The practical result is that Florida currently has no enforceable statutory cap on non-economic damages in medical malpractice cases, and there is no cap on economic damages either.

Watch out: Older articles and even some forms still recite the old Fla. Stat. 766.118 dollar caps as if they apply. After McCall (2014) and Kalitan (2017), those non-economic caps are not enforceable in Florida medical malpractice cases.

Pre-suit notice and investigation under Chapter 766

Florida requires a structured pre-suit process before a malpractice suit can be filed, and skipping it can be fatal to a claim. Under Fla. Stat. 766.203, the claimant must conduct a pre-suit investigation and obtain a verified written medical expert opinion corroborating reasonable grounds for the claim. Under Fla. Stat. 766.106, the claimant then serves each prospective defendant with a notice of intent to initiate litigation, along with the corroborating expert opinion and the required medical records and authorization.

Once notice is served, the claimant cannot file suit for 90 days while the defendant or its insurer investigates and responds by rejecting the claim, offering to settle, or offering to arbitrate damages. Serving the notice tolls the statute of limitations during that 90-day pre-suit period, which then resumes running with whatever time remained when it was tolled. The '60 days or the remainder of the limitations period, whichever is greater' filing window in Fla. Stat. 766.106(4) applies specifically after termination of negotiations during a stipulated extension of the 90-day period, not as a general rule after every standard, unextended pre-suit period. The defense must also corroborate any rejection with its own expert opinion.

Who can be liable and the expert requirement

Florida malpractice claims can target individual clinicians and the institutions responsible for their care. Physicians, dentists, nurses, and other licensed providers can be sued, and hospitals can be liable for the negligence of their employees. Health care facilities also carry a duty of their own: under Fla. Stat. 766.110, all health care facilities, including hospitals and ambulatory surgical centers, must assure comprehensive risk management and the competence of their medical staff and personnel through careful selection and review, and they are liable for a failure to exercise due care in fulfilling those duties. Florida requires expert testimony to establish the prevailing professional standard of care under Fla. Stat. 766.102, and the law imposes specialty-matching requirements on who may serve as an expert against a particular kind of provider. The same expert support drives the pre-suit corroborating affidavit, so qualified expert review is needed both before and during the case.

Comparative negligence in Florida

Florida's 2023 tort reform (HB 837) changed the state's general negligence rule to modified comparative negligence with a 50 percent bar in Fla. Stat. 768.81, meaning a claimant who is more than 50 percent at fault recovers nothing. Critically, that statute expressly excludes medical negligence cases brought under Chapter 766. As a result, medical malpractice claims in Florida continue to follow pure comparative negligence: a plaintiff's damages are reduced by the plaintiff's share of fault, but the plaintiff is not barred from recovery even if more than 50 percent at fault.

Wrongful-death medical malpractice in Florida

When malpractice causes death, the claim proceeds under Florida's Wrongful Death Act, Fla. Stat. 768.16 to 768.26, which is brought by the personal representative of the estate on behalf of the estate and surviving family members. The McCall decision arose in this wrongful-death setting, which is why the non-economic cap fell first for death cases. The deadlines and the categories of recoverable damages for survivors differ from a standard personal-injury malpractice claim, so identifying the correct framework early matters.

How to evaluate and preserve a possible claim

While every situation is different and this is general information rather than legal advice, people who suspect malpractice in Florida often begin by gathering complete medical records and noting key dates, because the two-year and four-year clocks under 95.11 can be unforgiving. Because Chapter 766 requires a corroborating expert opinion before the notice of intent is served, an attorney typically arranges expert review early. Malpractice cases are commonly handled on a contingency-fee basis, and consulting a licensed Florida attorney early helps navigate the pre-suit steps, though no attorney can promise a particular outcome or dollar amount.