How Often Do Medical Malpractice Lawsuit CasesWin in Florida?

| Mar 24, 2023 | Firm News

Medical malpractice lawsuits in Florida can be complex, costly, and time-consuming to pursue. Many potential plaintiffs considering filing a medical malpractice lawsuit in Florida must first consider the odds of winning a medical malpractice lawsuit in the state.

Even within the same state, not all medical malpractice lawsuits are done similarly.

You should speak with an experienced local attorney who is familiar with the specifics of your case and can provide you with an estimate of how much, if any, you stand to recover in a settlement if you want to know what your chances of succeeding in a medical malpractice lawsuit in Florida are.

You can examine precedents and statistics to boost or decrease your confidence. Several aspects of your case could increase or decrease the likelihood that you will win.

Various factors may raise or decrease the possibility that you will succeed, even while the internet cannot give you the precise answer you need (simply because only a lawyer would have all of the information from your case and their expertise).

Discover more about medical malpractice and wrongful death lawsuit cases and Florida legislation that can impact your chances of success.

What Are Medical Malpractice and Wrongful Death Lawsuit Cases?

The term “medical malpractice” refers to situations where a medical professional’s negligence results in patient harm.

Medical malpractice may have occurred if mistakes were made during diagnosis, treatment, follow-up care, or health management and the healthcare provider acted negligently.

Medical malpractice examples include, but are not limited to:

  • failing to recognize symptoms
  • failing to diagnose; misdiagnosis
  • failing to read lab results
  • failing to order appropriate testing
  • performing unnecessary surgery
  • making surgical errors
  • performing surgery on the wrong site
  • administering the wrong medication or dosage
  • prematurely discharging the patient

Medical care includes more than just a patient’s condition worsening; it also includes an unanticipated issue or a poor result.

Even though there are no health assurances and medical professionals are not superhumans, these terrible incidents occur (although they are close).

Even if something unforeseen and catastrophic occurs, your doctor cannot be held legally accountable as long as they use reasonable care and skill.

Do Medical Negligence Victims Frequently Prevail in State Court Cases?

Common. The fact that medical errors account for 10% of all fatalities annually and are the third highest cause of death in the US outrages a lot of people.

Despite having the third-largest population, Florida is not immune to medical negligence.

Between 2006 and 2016, 129,749 doctors were practicing in California, Texas, Florida, and New York, and 53,301 had to pay settlements due to malpractice.

According to data from The True Cost of Healthcare, with 51.86 claims for every million individuals on average during that time, Florida ranked seventh in the US for malpractice lawsuits between 2012 and 2016. Regarding awards for medical malpractice cases, Florida came in third place nationwide.

However, a National Institutes of Health investigation revealed that it might be challenging for plaintiffs to prevail in these kinds of cases and receive damages, particularly if the evidence is flimsy.

The percentage of plaintiff victory in Florida medical malpractice lawsuits is not well-researched.

Doctors prevail in 80–90% of jury trials involving medical malpractice claims nationwide, 70% of instances containing shaky evidence, and in 50% of cases featuring strong evidence.

Although these figures may seem bleak, they only include jury trials and do not account for out-of-court settlements commonly obtained in malpractice claims or the caliber of the legal representation provided.

These figures should remind anyone harmed that establishing medical malpractice in Florida is quite difficult, making selecting the right wrongful death lawyer in Florida essential.

What Elements Affect A Florida Medical Malpractice Case’s Chance of Success?

As was already established, you must be able to show negligence to have a greater chance of winning a medical malpractice lawsuit in Florida. There can be no claim if there is no proof that negligence happened and caused the damage.

The patient’s case may be affected by whether or not they signed waivers and releases of liability, but just because a patient signs a document does not indicate that they automatically gave informed permission and waived their right to claim.

The passage of time also affects a claim for medical malpractice in Florida’s likelihood of success.

Florida’s medical malpractice statute of limitations gives plaintiffs four years to file a claim, regardless of when the harm was discovered.

The longer you put off speaking with a lawyer, the greater the chance you have of missing this window and being unable to file a claim.


The chances of winning a medical malpractice lawsuit in Florida depend on several factors. These factors include the medical malpractice attorney’s experience and the case’s strength. Furthermore, the laws and regulations in Florida are complex and vary from county to county, making it important to find an experienced attorney who understands the legal system and the local regulations. Ultimately, the chances of winning a medical malpractice lawsuit in Florida depend on the facts of the case and the skill of medical malpractice and wrongful death attorneys.

Mendes, Reins & Wilander is a personal injury law firm whose practice areas are Major and Catastrophic Injury, nursing home and assisted living neglect and abuse, medical malpractice, wrongful death, and vehicle accidents like car, motorcycle, and commercial vehicles. Contact us to speak with medical malpractice and wrongful death attorneys.