Fort Lauderdale Medical Malpractice Lawyer

A surgery that went wrong, a diagnosis that came months too late, a newborn injured during delivery: when something like this happens at a Broward County hospital or clinic, the first question is usually whether anyone can actually be held responsible. Spencer Morgan Law handles injury and malpractice claims for people in Fort Lauderdale, the rest of Broward County, Miami and the greater Miami area, and across the State of Florida, and a Fort Lauderdale medical malpractice lawyer at the firm can tell you whether what happened to you crosses the line from a bad outcome into negligence.

That distinction is the heart of these cases. Not every complication is malpractice. Medicine carries real risk, and a patient who does poorly despite proper care does not have a claim. A claim exists when a doctor, nurse, hospital, or other provider fell below the accepted standard of care and that failure caused measurable harm. Florida also sets up a pre-suit process that is stricter than ordinary injury cases, with its own notice requirements, a mandatory waiting period, and a different set of deadlines, so the early decisions you make matter a great deal.

How Florida Handles a Malpractice Claim Before Anyone Files Suit

Ordinary negligence cases in Florida can go straight to a complaint. Medical negligence cannot. Before suing, a claimant must serve a notice of intent to initiate litigation on each prospective defendant, and the suit cannot be filed until 90 days after that notice is delivered. During those 90 days the limitations period is paused as to all potential defendants, which gives both sides time to investigate.

By the end of the 90 days, the provider or its insurer has to answer in one of three ways: reject the claim, make a settlement offer, or offer arbitration in which liability is treated as admitted and only damages are argued. A rejection is common, and it simply opens the door to filing in court. An arbitration offer can be attractive in the right case because it removes the fight over fault, though it also narrows what you can pursue, so it deserves careful thought before you say yes or no.

The notice itself has to be served within the normal time limits, not after them. That is why waiting to “see how things go” can quietly destroy a case.

Where Fort Lauderdale Malpractice Cases Come From

Broward County has a large hospital and outpatient care network serving a dense, older, and seasonal population, and malpractice claims tend to grow out of that environment. The categories below are the ones that come up most often in a case review.

• Missed or Delayed Diagnosis: Cancer, stroke, heart attack, sepsis, and blood clots that were not caught when symptoms and test results pointed toward them. The harm is often the lost window for earlier treatment, which is why imaging reports, lab results, and referral records matter.
• Surgical Errors: Wrong-site procedures, damage to nearby organs or nerves, retained instruments, and mistakes in anesthesia. Operative reports and post-surgical follow-up notes often show where the standard of care slipped.
• Medication and Prescribing Mistakes: Wrong drug, wrong dose, ignored allergies, or dangerous interactions. These occur in hospitals, pharmacies, and outpatient practices, and an older patient taking several prescriptions faces particular risk.
• Birth Injuries: Oxygen deprivation, mishandled labor, delayed cesarean decisions, and injuries to mother or baby during delivery. These claims often involve lifetime care needs, which shapes how damages are calculated.
• Hospital and Nursing Facility Negligence: Pressure sores, falls, unmonitored patients, and infections that develop when staffing or protocols fail. Rehabilitation centers and assisted living facilities fall into this category when care is mishandled.
• Emergency Room Failures: Patients discharged without proper workup, or left waiting while a condition worsened. Triage notes and timestamps become central evidence.
• Medical Malpractice Resulting in Death: When a provider’s negligence causes a death, the family may bring a wrongful death claim with its own rules about who can recover and what they can claim.

Why Spencer Morgan Law for a Broward Malpractice Claim

The practice is led by attorney Spencer Morgan, and the firm describes its work as holding doctors, hospitals, and health care workers accountable when they fail to provide the appropriate level of care. Clients are kept informed throughout the case and get personal attention rather than being passed along to a call center, a theme that shows up again and again in what former clients say. One client credited the firm with handling a case against an assisted living facility that mishandled her family member’s care, and others describe prompt answers to calls and emails and every step of the case being explained.

The firm’s record in serious injury cases includes a $1,000,000 semi-truck crash result, a $1,000,000 auto accident settlement, an $850,000 slip and fall settlement, and an $800,000 maritime accident recovery. It also obtained a $175,000 settlement against a rehabilitation center for a negligent patient transfer, which is a care-facility negligence case. Those outcomes reflect the kind of sustained, documentation-heavy work serious injury claims require, including coordinating medical care and resolving medical bills so clients are not left carrying them while a case is pending.

The firm works on a contingency basis: you do not pay unless there is a recovery. Consultations are confidential, and Spanish-language services are available.

What to Do If You Suspect Malpractice in Broward County

Start with your health. If you are still being treated by the provider you suspect, get a second opinion from an independent doctor, ideally at a different facility. That protects you medically and also gives you an unbiased read on what went wrong and whether it can be corrected.

Then begin collecting records. You are entitled to request your medical chart, billing records, imaging, and test results from every provider involved. Ask for the complete file, not a summary, because nursing notes, medication logs, and timestamps often tell the real story. Keep your own written account too: dates, who said what, how symptoms changed, and what you were told about risks. Write it while the details are fresh.

Avoid posting about the situation on social media, and be cautious about speaking with the provider’s insurer or risk management staff. Their job is to limit exposure, and casual statements can be used later.

On timing, Florida gives you two years from the point you discovered, or should have discovered, the injury and its cause, with an outer limit of four years from the event itself. Fraud or concealment by the provider can extend that period. Because the pre-suit notice has to be served within those limits, the practical deadline to act is earlier than most people expect. If a death is involved, a wrongful death action generally must be filed within two years of the date of death.

If the case moves into court, malpractice suits from Broward County are heard in the Seventeenth Judicial Circuit in Fort Lauderdale, and appeals go to the Fourth District Court of Appeal. If the care happened in a Miami-Dade facility, the case would instead be heard in the Eleventh Judicial Circuit in Miami, with appeals to the Third District Court of Appeal. Where the treatment took place, not where you live, usually controls this.

Damages, Fault, and What Recovery Can Cover

A successful malpractice claim can compensate for medical expenses, future care, lost income, and the human cost of the injury, including pain and suffering. Florida’s statutory caps on noneconomic damages in malpractice cases were struck down by the Florida Supreme Court, so there is no enforceable ceiling on pain and suffering awards in litigation.

Fault works a little differently here than in car accident cases. The rule that bars anyone found more than 50 percent responsible for their own harm from recovering does not apply to medical negligence claims under chapter 766. Where multiple providers share blame, each is responsible only for its own percentage of fault rather than being on the hook for the whole judgment, which is why identifying every responsible party early is important.

Wrongful death claims have special limits. When malpractice causes a death, adult children age 25 or older cannot recover certain noneconomic damages, and parents of an adult decedent face a similar restriction. A surviving spouse and the parents of a minor child have their own recoverable categories, and every beneficiary, including the estate, must be named in the complaint.

Common Questions About Fort Lauderdale Medical Malpractice Claims

How long do I have to bring a medical malpractice claim in Florida?

The general rule is two years from when you discovered, or reasonably should have discovered, the injury and its connection to medical care. There is also a four-year outer limit measured from the event, though fraud or concealment can extend it. Because you must serve a notice of intent within these limits, the real deadline is earlier than the filing date.

What is a notice of intent, and why does it matter?

It is the formal pre-suit notice required before filing a malpractice case. Once it is delivered, the lawsuit cannot be filed for 90 days, and the limitations clock is paused for all potential defendants during that period. The provider or insurer must respond by rejecting the claim, offering to settle, or offering arbitration on damages only.

Is a bad outcome the same as malpractice?

No. Medicine carries inherent risk, and a poor result alone is not enough. A claim requires proof that a provider fell below the accepted standard of care and that this failure caused your harm. Reviewing the records is how that question gets answered.

Do I need a medical expert?

In practice, yes. Malpractice cases depend on qualified medical opinion about what a reasonably careful provider would have done and how the deviation caused the injury. Securing that opinion is part of the early investigation.

Can I sue more than one provider?

Yes, and often you should. A single injury can involve a surgeon, an anesthesiologist, nurses, and the hospital itself. Because liability is divided by each party’s percentage of fault, identifying everyone who contributed affects how much can ultimately be recovered.

Is there a cap on what I can recover for pain and suffering?

The statutory caps on noneconomic damages in malpractice cases were held unconstitutional, so there is no enforceable limit in litigation. Economic losses, such as medical costs and lost earnings, are likewise not capped.

What if I was partly responsible, for example by ignoring discharge instructions?

Your own conduct can reduce recovery by your percentage of fault, but the rule that bars recovery above 50 percent fault does not apply to chapter 766 medical negligence claims. Partial responsibility is not automatically fatal to a case.

What happens if my family member died because of medical negligence?

A wrongful death claim generally must be filed within two years of the death. Who can recover, and for what, depends on the family relationships. Adult children 25 and older and parents of an adult decedent face limits on noneconomic damages in malpractice-caused deaths, so the details matter.

Can I bring a claim if the care happened at a government hospital?

Possibly, but sovereign immunity rules apply. Liability is capped at $200,000 per person and $300,000 per incident, with no punitive damages, and a written claim must be presented to the agency before suit, with a separate two-year presentment deadline when a death is involved. Recovery above the cap requires a claim bill from the Legislature.

How will my medical bills be handled while the case is pending?

That depends on your coverage and the treatment arrangement. If a provider treats you in exchange for payment from a future recovery, Florida law requires disclosure of that arrangement, including who referred you, and affects what evidence of medical costs a jury sees. Discuss your bills early so nothing is handled in a way that hurts the claim.

Will it cost me anything to talk to a lawyer?

Spencer Morgan Law offers confidential consultations and works on a contingency basis, so you pay nothing unless there is a recovery.

Serving Medical Malpractice Clients Across Broward County and South Florida

Spencer Morgan Law represents patients and families from Fort Lauderdale and throughout Broward County, including Hollywood, Pembroke Pines, Miramar, Coral Springs, Pompano Beach, Plantation, Sunrise, Davie, Deerfield Beach, Weston, Lauderhill, Tamarac, Margate, Coconut Creek, Oakland Park, Wilton Manors, and Dania Beach. Within Fort Lauderdale itself, that covers downtown, Las Olas, Victoria Park, Rio Vista, Coral Ridge, and the beach communities.

The firm also serves clients in neighboring Miami-Dade County, including Miami, Miami Beach, Coral Gables, Hialeah, Doral, Kendall, and Homestead, and takes cases across the State of Florida. Whether the care happened at a large hospital, a surgical center, a rehabilitation facility, or a private practice, the firm will evaluate the claim where it arose.

Talk With a Fort Lauderdale Medical Malpractice Attorney

If you believe a provider’s mistake changed your health or took someone you love, a Fort Lauderdale medical malpractice attorney at Spencer Morgan Law can review what happened, explain whether the facts support a claim, and tell you honestly what the process will look like. Consultations are confidential, Spanish-language services are available, and you owe nothing unless the firm recovers for you. Call today to schedule yours.