Legal nurse consultants in Florida
License-verified nurses for Florida medical malpractice and nursing home cases: chronologies, merit screening, standard of care review and expert testimony. Below: the Florida rules that shape when you need a nurse's review and who can give the opinion.
- Limitations
- 2 years, 4-year repose
- Before or at filing
- Notice of intent + expert opinion
- Damage caps
- No cap
Florida medical malpractice: what to know before retaining a nurse
What is the statute of limitations for medical malpractice in Florida?
Two years from when the incident occurred or was, or should have been, discovered, and no later than four years from the incident (seven if fraud or concealment prevented discovery). A minor's claim may be brought until the child's eighth birthday (Fla. Stat. § 95.11(4)).
What must be done before or when filing a medical malpractice case in Florida?
Before filing, the claimant must investigate and serve a notice of intent on each prospective defendant, with a verified written opinion from a medical expert corroborating reasonable grounds for the claim (Fla. Stat. §§ 766.106, 766.203). A 90-day presuit period follows, during which limitations is tolled and the parties exchange records and may take unsworn statements.
Who can give the expert opinion in Florida?
For claims about nursing care, the expert should be in the same or a similar health profession and have spent the three years before the incident in active clinical practice, teaching, or both (Fla. Stat. § 766.102).
Does Florida cap medical malpractice damages?
No cap on noneconomic damages: the Florida Supreme Court struck down the caps in § 766.118 for wrongful death (Estate of McCall v. United States, 2014) and personal injury (North Broward Hospital District v. Kalitan, 2017). In death cases, check § 768.21(8), which limits who may recover noneconomic damages for medical negligence and has been the subject of repeal efforts.
Are nursing home cases different in Florida?
Nursing home claims under the residents' rights statute (§ 400.023) have their own presuit process, a notice of intent and a 75-day investigation period (§ 400.0233), and their own two-year limitation with a four-year repose (§ 400.0236). Punitive damages need a reasonable evidentiary showing and leave of court (§ 400.0237).
Checked October 2026. General information for attorneys, not legal advice: statutes change and every rule above has exceptions, so confirm current law for your case.
Consultants for Florida cases
Consultants licensed in Florida review cases privately. Post a brief, say the expert should hold a Florida license, and the ones who match will see it first.
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