Understanding Medical Malpractice in Florida: What Constitutes Medical Negligence?

May 28, 2025

Understanding Medical Malpractice in Florida: What Constitutes Medical Negligence?

When seeking medical care, patients place immense trust in their healthcare providers. Unfortunately, this trust can sometimes be broken through negligent actions or omissions, leading to severe consequences for patients and their families. In Florida, medical malpractice laws provide a legal pathway for victims to pursue justice and compensation.


In this blog, we’ll break down what constitutes medical negligence under Florida law, using real-world scenarios to illustrate how such cases arise—and how Brown & Laing, P.A. in Tallahassee can help.


What is Medical Malpractice?

Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide the standard of care that a reasonably prudent provider would offer under similar circumstances. This breach of duty can result in harm, injury, or even death to the patient.


Under Florida law, a valid malpractice claim generally requires:

  • A provider-patient relationship that establishes a duty of care.
  • A deviation from the accepted standard of care in the diagnosis, treatment, or management of the patient’s condition.
  • A direct link between the provider’s actions (or inaction) and the patient’s injury.
  • Damages, such as physical harm, financial loss, or emotional distress.


Examples of Medical Negligence in Florida

Let’s look at a few hypothetical scenarios that demonstrate how medical negligence can occur:


Case 1: Missed Diagnosis

A patient visits a Tallahassee clinic with symptoms of a serious infection. The attending physician fails to order the appropriate diagnostic tests, dismissing the complaints as a minor viral illness. The infection worsens, leading to hospitalization and long-term complications. Here, the failure to properly diagnose and treat the condition could form the basis of a malpractice claim.


Case 2: Surgical Error

A routine surgery is performed at a Tallahassee hospital. During the procedure, a surgical tool is mistakenly left inside the patient’s body. Postoperative complications arise, requiring further surgeries and an extended hospital stay. This clear breach of care demonstrates negligence.


Case 3: Medication Mistake

A nurse administers the wrong medication dosage due to misreading a prescription. The patient suffers a severe allergic reaction, resulting in emergency care and lasting harm. This avoidable error could qualify as malpractice under Florida law.


Key Elements of a Malpractice Claim in Florida

To successfully pursue a claim, Florida law requires the following key elements:


  • Standard of Care: The care that a similarly trained and prudent provider would offer in the same situation. If this standard is not met, the provider may be found negligent.
  • Breach of Standard: Evidence showing that the provider’s actions (or inactions) fell below this standard.
  • Causation: Proof that the breach directly caused the injury or harm. This can be a complex issue requiring thorough investigation.
  • Damages: The patient must show that the harm resulted in measurable losses, including medical expenses, lost income, pain, and suffering.


Why Proving Medical Malpractice is Challenging

Florida law requires detailed evidence and a clear connection between the provider’s conduct and the patient’s injury. These cases often involve extensive records, witness testimony, and input from healthcare professionals who can speak to the standard of care.


At Brown & Laing, P.A., we understand how overwhelming this process can feel. Our Tallahassee team is dedicated to thoroughly investigating each case, gathering the necessary documentation, and ensuring that our clients’ voices are heard.


Get the Help You Deserve

If you believe you or a loved one has been harmed due to medical negligence in Florida, you do not have to face this challenge alone. At Brown & Laing, P.A., we listen to your story, assess your case, and guide you through the legal process with compassion and determination.



Contact us today at https://www.brownandlaing.com/ for a confidential consultation. Let’s work together to seek the justice and compensation you deserve.

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