Florida Pediatric Malpractice Attorney

When an act of medical negligence harms your child, you enter a world you never asked to be in: specialists, long-term care, school accommodations, and the awful question of whether the harm was preventable. 

A Florida pediatric malpractice attorney can help your family investigate what happened, identify who may be responsible, and pursue compensation that reflects both the immediate injury and the lifelong ripple effects.

We handle these cases with two priorities in mind—getting clear answers backed by qualified medical experts, and building a claim that protects your child’s future.

What Does a Florida Pediatric Malpractice Attorney Do?

A Florida pediatric malpractice lawyer investigates whether a child’s injury was caused by substandard medical care and, if so, pursues a medical negligence claim under Florida law. In doing so, they review medical records, work with pediatric and specialty experts, identify all liable parties, and navigate Florida’s pre-suit requirements for medical negligence claims. 

Florida’s process is procedural for a reason. The law requires both parties to obtain qualified medical opinions before filing a lawsuit.

What Is Pediatric Medical Malpractice in Florida?

Pediatric malpractice is medical negligence involving a baby, child, or teen, where a healthcare provider fails to meet the prevailing professional standard of care and the child is harmed as a result. Florida’s medical negligence framework focuses on whether similarly trained providers would have acted differently under similar circumstances.

Pediatric cases are not “adult malpractice, but smaller.” Children present differently, decompensate more quickly, and may not be able to describe their symptoms. That reality affects what competent care should look like.

What Are Common Examples of Pediatric Malpractice in Florida?

Pediatric malpractice often involves diagnostic mistakes, medication errors, and failures to respond appropriately to warning signs. Common examples include:

• Misdiagnosis or delayed diagnosis of severe conditions, for example, sepsis, meningitis, appendicitis, diabetic ketoacidosis, or congenital heart issues;
• Medication dosing errors, such as pediatric dosing, often depend on weight and age;
• Birth-related injuries and neonatal care mistakes;
• Failure to monitor vital signs or respond to deterioration; and
• Surgical, anesthesia, or post-operative complications that were preventable with proper care.

Research on pediatric malpractice trends consistently highlights diagnosis-related problems as a major driver of claims.

How Do Pediatric Malpractice Cases Differ from Adult Cases?

Pediatric malpractice cases are different because the damages can last decades and because “development” becomes part of the evidence. A serious injury in early childhood can affect:

• Brain development and learning,
• Mobility and independence,
• Long-term medical needs and therapies, and
• Future earning capacity and quality of life.

In other words, these cases are not just about what happened in the exam room. They are about how the injury changes the arc of your child’s life.

Who Can Be Held Responsible for a Child’s Injury?

Liability may extend beyond one pediatrician. Depending on the facts, responsible parties may include:

• The pediatrician or family physician;
• Hospitalists, ER providers, or urgent care clinicians;
• Nurses or support staff;
• Specialists;
• The hospital or healthcare system; and
• Labs, imaging providers, or pharmacies.

Florida also imposes specific requirements on who may testify as a medical expert and the qualifications they must have. That matters because the strength of a pediatric case often rises or falls with the quality of expert review.

What Should You Do If You Suspect Pediatric Malpractice?

If you suspect pediatric malpractice, focus on protecting your child’s health and preserving your legal options:

• Get follow-up care right away, including a second opinion if needed; 
• Request and keep copies of records and test results; 
• Write down what you remember while the details are still fresh; and 
• Speak with a Florida pediatric malpractice attorney about deadlines and pre-suit requirements. 

Taking these steps early can help you get answers and protect your child’s future.

What Do You Have to Prove in a Florida Pediatric Malpractice Claim?

In a Florida pediatric medical negligence case, you generally must prove:

• A healthcare provider owed your child a duty of care,
• The provider breached the prevailing professional standard of care,
• That breach caused injury, and
• Your child suffered harm.

Because medicine is technical, proving the standard of care and causation usually requires qualified expert testimony.

What Is Florida’s Pre-Suit Process for Medical Negligence Cases?

Florida requires a pre-suit investigation before filing a medical negligence lawsuit, including notice to each prospective defendant and corroboration from a qualified medical expert opinion.

After the presuit investigation, the claimant must send a Notice of Intent to initiate litigation by a method of delivery recognized by the statute.

This requirement is one reason families often benefit from hiring a pediatric malpractice lawyer early. Waiting can mean losing time needed to gather records, retain the right experts, and complete pre-suit steps correctly.

What Is the Statute of Limitations for Pediatric Malpractice in Florida?

Florida medical malpractice claims typically have a two-year deadline from the date of discovery, with additional “statute of repose” rules. Due to the complexity of these deadlines in cases involving children, delayed discovery, or records, we treat timing as a matter of urgent legal importance.

What Compensation Can Be Recovered in a Pediatric Malpractice Case?

Pediatric malpractice compensation should address both current and future harm, including the long-term costs families often face. Depending on the case, recoverable damages may include:

• Past and future medical expenses;
• Rehabilitation, therapy, and assistive devices;
• In-home care or specialized caregiving;
• Educational support needs;
• Pain and suffering and loss of enjoyment of life; and
• Loss of future earning capacity in severe injury cases.

Florida has specific statutes addressing medical malpractice damages, and courts have also addressed how limits may apply in certain contexts.

How Do We Help Families After Suspected Pediatric Malpractice?

At James Horne Law, we start by listening and treating your family like people, not a case number. Then we get to work by gathering and organizing medical records, identifying all providers and facilities involved, and partnering with qualified pediatric and specialty experts to evaluate whether the provider met the standard of care. 

From there, we build a clear timeline of what happened versus what should have happened, complete Florida’s presuit requirements, and pursue resolution through negotiation or litigation with your child’s long-term needs at the center of the strategy.

A Florida pediatric malpractice lawyer should do more than file paperwork. We translate complex medicine into a clear, evidence-based claim that insurers and defense experts cannot dismiss.

Talk to Our Florida Pediatric Malpractice Attorney About Your Child’s Case

You do not need to have every detail figured out before you reach out. If your child’s condition worsened unexpectedly, a diagnosis was missed, or treatment decisions did not make sense, we can help you get answers.

We bring structure to a chaotic situation, communicate clearly, and build a plan to protect your child’s future. If you are ready to discuss what happened, schedule a confidential case review today.