When Medical Care Causes Serious Harm
Most doctors, nurses, and hospitals provide good care. But when a medical provider makes a preventable mistake, the results can be devastating: a missed cancer diagnosis, a surgical error, a birth injury, or the loss of a loved one.
The Injury Advocates represents patients and families across Broward, Miami-Dade, and Palm Beach counties in serious medical malpractice cases. These cases are complex and expensive to bring, and Florida law adds requirements that ordinary injury cases do not have. We review every potential case carefully with qualified medical experts, and our founder, Kweku Darfoor, is personally involved in every case we take on.
How Medical Malpractice Claims Work in Florida
Florida requires several steps before a malpractice lawsuit can even be filed:
These steps take time and resources, which is why it is important to contact a lawyer well before any deadline approaches.
Medical Malpractice Cases We Handle
Deadlines and Public Hospitals
Florida’s deadline for medical malpractice claims is generally two years from when the injury was discovered or should have been discovered, and in most cases no more than four years from the date of the malpractice. That period can be extended up to seven years if a provider concealed the error, and special rules apply to children injured before their eighth birthday.
Several of South Florida’s largest hospital systems, including Broward Health, Memorial Healthcare System, and Jackson Health System, are public entities. Claims against them follow Florida’s sovereign immunity rules, which include special notice requirements and limits on the damages that can be collected. Knowing who the right defendants are, and what rules apply to each, matters from day one.
Florida’s “Free Kill” Rule
Florida has an unusual rule for deaths caused by medical negligence. Adult children age 25 or older cannot recover damages for pain and suffering when a parent dies because of medical malpractice, and parents cannot recover those damages when a child age 25 or older dies. Surviving spouses and children under 25 are not affected, and economic damages such as medical and funeral expenses remain available.
The Legislature voted to repeal this rule in 2025, but the bill was vetoed, and a 2026 repeal effort did not pass. The rule remains in effect, so it is important to understand how it may affect your family before deciding how to proceed.
Hospitals and their insurers defend malpractice claims aggressively. We work with qualified medical experts to find out what went wrong, document the full impact on your life, and build a case designed to hold the right parties accountable. If you cannot come to us, we can meet by phone, by video, or at your home or hospital.
Why Patients and Families Choose The Injury Advocates
A bad outcome alone is not malpractice. A claim generally requires showing that a provider failed to meet the accepted standard of care and that the failure caused a serious injury or death. Because these cases require a medical expert’s opinion before filing, we review your records with qualified experts to give you an honest assessment.
Nothing up front. Your consultation is free, and we handle injury cases on a contingency fee basis, which means our fee is a percentage of the money we recover for you. If we do not win your case, you owe no attorney’s fees and no case costs.
Generally two years from when the injury was discovered or should have been discovered, and usually no more than four years from the date of the malpractice. Exceptions apply in cases involving concealment or young children, and Florida’s 90-day presuit process must be completed before filing, so contact a lawyer as early as possible.
The Florida Supreme Court struck down the caps on pain and suffering damages in medical malpractice cases. However, claims against public hospitals and other government entities are subject to sovereign immunity limits, and Florida’s “free kill” rule bars some family members from recovering pain and suffering damages in malpractice death cases.
It depends on the family’s circumstances. A surviving spouse and children under 25 can recover damages for their loss. Under Florida’s “free kill” rule, adult children 25 or older cannot recover pain and suffering damages for a parent’s death caused by medical negligence, though the estate may still recover economic damages such as medical and funeral expenses.
