What to Do After a Medical Injury in Florida

When a treatment, surgery, or hospital stay ends badly, families are often overwhelmed and unsure where to start. This guide, prepared by attorney and former critical care nurse Phyllis Gillespie, walks through the practical steps that protect your health and your rights.

1. Take care of your health first

Get the follow-up care you need, and consider a second opinion from a provider outside the facility where the injury happened. Tell the new provider everything that happened.

2. Write down what happened

Start a timeline while your memory is fresh: dates, names of doctors and nurses, what you were told, and what symptoms you had. Keep discharge papers, bills, and medication bottles.

3. Request your complete medical records

You have a right to copies of your records. Ask in writing for the complete chart, including nursing notes, the medication administration record, test results, and imaging. Our article on how to get your medical records in Florida explains what to ask for and what it should cost.

4. Be careful what you sign or say

Before signing releases, settlement papers, or written statements for a hospital or insurance company, talk with an attorney. Avoid posting about your care on social media.

5. Know the deadlines

Florida medical malpractice claims generally must be brought within two years of when the injury was discovered or should have been discovered, and usually no later than four years from the incident. Florida also requires a pre-suit investigation before a lawsuit can be filed, so starting early matters. Read more about Florida’s malpractice deadlines and the 90-day pre-suit investigation.

6. Report unsafe care (optional)

Filing a complaint does not create a lawsuit and does not result in compensation, but it can protect other patients:

• Doctors, nurses, and other licensed professionals: the Florida Department of Health investigates complaints against licensed practitioners. You can also check a provider’s license there.
• Hospitals, nursing homes, and other facilities: the Agency for Health Care Administration (AHCA) licenses and inspects health care facilities and accepts complaints.
• Suspected abuse or neglect of an elderly or vulnerable adult: call the Florida Abuse Hotline at 1-800-962-2873. If someone is in immediate danger, call 911.

7. Talk with a medical malpractice attorney

Not every bad outcome is malpractice, and a careful review of the records is the only way to know. Phyllis offers a free, confidential consultation and handles medical malpractice cases on a contingency fee basis: you owe no attorney’s fees unless there is a recovery, and if there is no recovery, you owe no fees and no case costs.

Helpful Florida Links

• Florida Statutes (Chapter 766 covers medical malpractice)
• Florida State Courts
• Martin County Clerk of Court
• St. Lucie County Clerk of Court
• Indian River County Clerk of Court

This guide provides general information and is not legal advice. Reading it does not create an attorney-client relationship.