It’s a scary feeling when you or a loved one gets worse instead of better after receiving medical care. You start asking whether the provider missed something or made a serious error.
At James Horne Law, PA, our Florida medical malpractice lawyers talk to people across Florida who face that uncertainty after a hospital stay, surgery, or diagnosis that didn’t go as expected. In many cases, patients are left with more questions than answers, unsure of how to move forward or who to trust.
Here’s what to do if you suspect medical malpractice.
Get a Medical Evaluation from a Separate Provider
Schedule an appointment with a healthcare provider who has nothing to do with your initial treatment. This means looking outside your original hospital or doctor’s office to ensure the evaluation is impartial. A fresh set of eyes can evaluate your condition without bias and may recognize signs of delayed diagnosis, surgical complications, or treatment decisions that worsen things.
When you go, bring a written timeline outlining your symptoms, test results, medications, and any concerns you reported that your provider ignored. These records help give the new provider a clear starting point and document how your condition progressed.
Request a Complete Copy of Your Medical Records
In Florida, you have the legal right to your complete medical records. This includes imaging, lab work, operative notes, prescriptions, nursing logs, and discharge papers. If relevant, request records from everyone who provided care, including hospitals, specialists, pharmacies, outpatient centers, and even ambulance services.
Make your request in writing and keep a copy for yourself. Be clear about the dates, departments, and providers involved. These records will be essential for a medical expert to determine if your care fell below accepted standards.
Avoid Talking to the Provider or Their Insurance
If you suspect malpractice, don’t be surprised if someone from the hospital or their insurance company contacts you. They might want a statement, offer an apology, or even suggest covering some follow-up care. While these conversations may seem helpful, providers and insurers often design them to limit their liability, not to give you answers.
Before responding, let us review what happened and discuss your options. We can guide you on what to say (and what not to say), to help your right to pursue a claim stay intact.
Talk to a Florida Medical Malpractice Attorney
Deciding what to do if you suspect medical malpractice can be difficult. However, once you’ve gotten a second opinion and collected your records, your next move should be to speak with an experienced attorney. Medical malpractice lawsuits in Florida follow a strict process, and delays can jeopardize your claim.
James Horne represents clients across the state in cases involving surgical mistakes, delayed diagnoses, medication errors, and other forms of medical malpractice. We know how overwhelming this situation can feel, especially when you’re focused on recovery or helping a family member heal. You deserve answers and the chance to hold someone accountable. That starts with a simple conversation.
Begin the Pre-Suit Process
Once we’ve reviewed your case and a licensed Florida physician has signed a sworn statement supporting your claim, we send a written notice to each provider involved. It includes a summary of the allegations and the expert’s opinion that medical negligence likely occurred. After we send the mandatory pre-suit notice, the law gives each provider 90 days to respond.
During that period, we continue reviewing your records, consulting additional specialists, and preparing everything required to file the case in court if the provider doesn’t take responsibility.
Be Aware of Legal Deadlines
Florida law has strict deadlines for filing medical malpractice claims. Generally, you have two years from the time you discover the injury, or the time you should have discovered it. However, no matter what, you can’t file more than four years after the incident. This is the statute of repose, and courts grant very few exceptions.
Time moves quickly when you’re recovering or caring for a loved one. At James Horne Law, PA, we work hard to stay on top of these deadlines, so you don’t have to.
Think You Were Harmed by Medical Malpractice? Contact Us Today.
You trusted a provider to care for your health. When that trust is broken, the consequences can be devastating.
These are complex cases, but you don’t have to take them on alone. Our firm has handled serious claims where providers overlooked infections, botched surgeries, and ignored dangerous complications. We represent clients across Florida seeking truth and accountability.
Let James Horne Law, PA help carry the weight. Reach out to us by phone or message today.
James “Jay” Horne is an AV-Preeminent rated aggressive litigation attorney, who focuses his practice on medical malpractice, personal injury and family law matters. He has successfully represented clients from case inception through trial and appeals in state and federal court. Jay was born and raised on the Suncoast. He is married and proud father to a one year old son. In his free time, he enjoys traveling, golfing and distance running during the cool months.
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