Miami-Dade County
Miami medical malpractice claims: what a lawyer does in Miami-Dade County
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- Filing deadline
- 2 yr
- Fault rule
- Barred above 50%
- Where it is filed
- Eleventh Judicial Circuit Court of Florida, Miami-Dade County
Personal injury in Florida
What Florida law changes about a medical malpractice claim
These are the rules that alter the outcome of this specific claim type. Florida's full set of rules is on the Florida page.
- Comparative fault
- modified-comparative-50. Recovery is barred once your own fault exceeds 50%.
- Malpractice rules
- Florida requires a pre-suit investigation and a verified written medical expert opinion corroborating negligence before a malpractice action may be filed, followed by a 90-day pre-suit notice period during which the defendant investigates. The limitations period is two years from discovery, with a four-year statute of repose. Fla. Stat. §§ 766.104, 766.106, and 95.11(4)(b).
- Cap on Medical malpractice non-economic damages
- Florida has no enforceable cap. The statutory caps in Fla. Stat. § 766.118 were held to violate the state constitution’s equal protection clause — for wrongful death in Estate of McCall v. United States (Fla. 2014), and for personal injury in North Broward Hospital District v. Kalitan (Fla. 2017).
Where a Miami medical malpractice claim is handled
Eleventh Judicial Circuit Court of Florida, Miami-Dade County
trial general · Eleventh Judicial Circuit
73 West Flagler Street, Miami, FL 33130
Court recordsMiami-Dade County Court, Civil Division
trial limited · Eleventh Judicial Circuit
73 West Flagler Street, Miami, FL 33130
Court recordsU.S. District Court for the Southern District of Florida, Miami Division
federal district
400 North Miami Avenue, Miami, FL 33128
Court recordsCounty clerk
Miami-Dade County Clerk of the Court and Comptroller
What people in Miami ask about medical malpractice claims
These are the questions Google reports for this market, not questions we invented.
- Is it worth suing for medical malpractice?
- What is the average medical malpractice settlement in Florida?
- How hard is it to sue for medical malpractice in Florida?
- What are the 4 requirements of malpractice?
- What are the 4 requirements of malpractice?
- What are 5 examples of medical negligence?
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