When we place our trust in doctors, nurses, and hospitals, we expect a high standard of care, not life-changing mistakes. But when medical professionals fail to meet their responsibilities, the results can be devastating. At Clayton Trial Lawyers, we hold healthcare providers accountable when negligence causes serious injury, permanent harm, or wrongful death.
As seasoned medical malpractice attorneys in Fort Lauderdale, we represent individuals and families throughout South Florida in complex, high-stakes cases involving medical errors. With over $150 million in jury verdicts and decades of litigation experience, our firm is built to take on powerful hospitals, insurers, and defense teams, and win.
What Is Medical Malpractice?
Medical malpractice happens when a healthcare provider fails to meet the accepted standard of care, causing harm to a patient. This could be due to a misdiagnosis, surgical error, medication mistake, or failure to recognize serious symptoms.
For example, consider the case of Allan Navarro, a Florida man who was misdiagnosed in the emergency room. Doctors dismissed his symptoms, leading to a coma, permanent brain and spinal cord damage, and a life forever changed. His lawsuit resulted in a $100 million settlement, demonstrating just how devastating medical negligence can be.
If something similar has happened to you or someone you love, you don’t have to suffer in silence. A Fort Lauderdale medical malpractice lawyer can help you take action.
Understanding Florida’s Medical Malpractice Laws
Florida has strict laws when it comes to filing a medical malpractice claim. Here’s what you need to know:
Statute of Limitations for Medical Malpractice in Florida
Unlike other personal injury cases, which typically have a four-year statute of limitations, medical malpractice claims must be filed within two years from when the injury was discovered (or should have been discovered). However, there are exceptions:
• If fraud, concealment, or misrepresentation by the healthcare provider is involved, you may have up to seven years to file a claim.
• If the patient is a minor, different rules may apply.
Because these laws can be complex, it’s best to speak with a Fort Lauderdale medical malpractice lawyer as soon as possible to avoid missing important deadlines.
Steps to Filing a Medical Malpractice Claim in Fort Lauderdale
Medical malpractice cases have specific legal requirements in Florida. Here’s what to expect:
1. Pre-Suit Investigation
Before a lawsuit can be filed, your attorney must conduct a pre-suit investigation to gather evidence and identify responsible parties. This process includes:
• Reviewing medical records
• Consulting medical professionals
• Determining if negligence occurred
Your lawyer will also file a petition with the court, which grants an automatic 90-day extension on the statute of limitations.
2. Pre-Suit Notice
Once the investigation is complete, your attorney must send a notice of intent to sue to the healthcare provider. This gives them time to investigate the claim and attempt to settle before going to court.
3. Informal Discovery Period
During this 90-day window, both sides may exchange information and negotiate. If the case isn’t settled, your attorney can move forward with filing a lawsuit.
4. Filing a Lawsuit
If negotiations fail, your attorney will file a medical malpractice lawsuit on your behalf. This process includes depositions, testimony, and, if necessary, a trial.
Having an experienced Fort Lauderdale medical malpractice attorney by your side works with you to meet all legal requirements and deadlines.
What Compensation Can You Receive in a Medical Malpractice Case?
Victims of medical negligence may be entitled to compensation for:
• Medical bills – Past and future medical expenses related to the injury.
• Lost wages – Compensation for income lost due to your injury.
• Pain and suffering – Emotional distress, physical pain, and reduced quality of life.
• Punitive damages – In rare cases, additional compensation may be awarded if gross negligence is proven.
Every case is unique, so the amount of compensation varies. A skilled Fort Lauderdale medical malpractice lawyer will assess your case and fight for the maximum settlement.
Taking Action After Medical Negligence
Medical malpractice is more than just a bad outcome — it occurs when a healthcare provider deviates from the accepted standard of care, resulting in preventable harm. These are highly technical cases that require deep legal knowledge, medical insight, and access to the right experts.
At Clayton Trial Lawyers, we work with leading physicians, nurses, and specialists to evaluate your claim, identify breaches in care, and build a case that stands up to scrutiny.
Common types of malpractice cases we handle include:
• Surgical errors and wrong-site surgeries
• Misdiagnosis or delayed diagnosis
• Medication or anesthesia errors
• Failure to monitor or respond to patient distress
• Birth injuries (e.g., cerebral palsy, Erb’s palsy)
• Emergency room negligence
• Hospital-acquired infections and sepsis
• Negligent post-operative care
• Failure to obtain informed consent
• Nursing home and long-term care negligence
What Sets Our Medical Malpractice Team Apart
Not every law firm is equipped to handle medical malpractice claims — they’re time-intensive, expensive, and often heavily contested by hospitals and insurance companies. That’s why you need a legal team that’s been battle-tested in the courtroom and backed by proven results.
Here’s what you can expect with Clayton Trial Lawyers:
• Board-Certified Trial Leadership – Founder William Clayton holds multiple board certifications and leads our team with extensive trial experience.
• Elite Medical Expertise – We collaborate with top-tier medical experts to review records, identify negligence, and support your claim with solid testimony.
• Personalized, High-Stakes Litigation – We take a boutique approach to case selection, ensuring every client receives direct, high-level attention.
• Fort Lauderdale Focus – As a South Florida-based firm, we’re familiar with the medical institutions, court systems, and insurance defense tactics unique to this region.
What You May Be Entitled to Recover
Victims of medical malpractice often suffer long-term complications, diminished quality of life, or the loss of a loved one. We fight to secure maximum compensation for:
• Past and future medical expenses
• Rehabilitation and therapy costs
• Loss of income and earning potential
• Pain and suffering
• Loss of consortium or companionship
• Long-term care needs
• Wrongful death damages (funeral costs, loss of support, etc.)
In some cases, punitive damages may be awarded to punish especially egregious conduct by a provider or institution.
Your Legal Window Is Limited, Don’t Wait
In Florida, the statute of limitations for medical malpractice claims is generally two years from the date the negligence is discovered, with some exceptions. Delays can result in the loss of critical evidence and the inability to file a claim.
If you even suspect that medical negligence played a role in your injury or a loved one’s death, it’s essential to consult with a skilled medical malpractice lawyer as soon as possible.
Talk to a Fort Lauderdale Medical Malpractice Attorney Today
Hospitals and doctors have powerful legal teams working to protect them. You deserve someone just as powerful on your side.
At Clayton Trial Lawyers, we’re not intimidated by large healthcare systems or insurance companies, we’re driven to hold them accountable. Let us evaluate your case, explain your rights, and guide you toward justice.
Call (833) 938-2300 or schedule a confidential consultation online today. You pay nothing unless we win.
Frequently Asked Questions About Medical Malpractice
How do I know if I have a medical malpractice case?
You may have a case if a medical professional’s negligence caused serious injury, worsened your condition, or led to avoidable complications. We can evaluate your records and consult with experts to determine if malpractice occurred.
What qualifies as medical negligence?
Medical negligence happens when a provider fails to act as a reasonably competent professional would under the same circumstances, such as misdiagnosing a condition, performing the wrong procedure, or failing to monitor a patient properly.
Can I sue a hospital for a doctor’s mistake?
Yes, depending on the circumstances. If the doctor was an employee of the hospital or if hospital staff contributed to the negligence, the hospital may be held liable.
What is the statute of limitations for medical malpractice in Florida?
Generally, you have two years from the date of discovery, but no more than four years from the date of the incident. In cases involving fraud or concealment, the window may be extended.
Is a bad outcome the same as malpractice?
No. Not every poor medical result is due to negligence. To bring a valid claim, it must be shown that the provider’s care fell below accepted medical standards and caused preventable harm.
How are medical malpractice cases proven?
We must establish four elements: a doctor-patient relationship existed, the provider breached the standard of care, the breach caused harm, and that harm resulted in measurable damages.
How much compensation can I expect?
It depends on the severity of your injuries, long-term care needs, lost income, and more. Each case is unique, our firm builds a thorough damages profile to pursue the full value of your claim.
Will I need to go to court?
Not always. Many malpractice cases settle before trial, but we prepare every case for litigation and are always ready to go to court if it leads to a better outcome.
How long does a medical malpractice case take?
These cases can take months or even years, depending on their complexity and whether a trial is necessary. We provide regular updates and pursue your case efficiently and aggressively.
What does it cost to hire a medical malpractice attorney?
We work on a contingency fee basis, meaning you pay no upfront fees, and we only get paid if we recover compensation for you.