Law

How to File a Medical Malpractice Claim in Broward County

Published by Prime Star on May 7, 2025

If you’ve suffered harm due to a medical professional’s negligence, you’re not alone—and you’re not without options. Filing a medical malpractice claim in Broward County might feel intimidating at first, but with the right guidance and support, the process becomes much more manageable. This guide walks you through each step, from recognizing medical negligence to finding the right legal help. When it comes to navigating the legal landscape, The Law Offices of Jared Spingarn can offer the experience and support you need. Their dedicated team has worked with many clients in Broward County, helping them understand their rights and fight for the compensation they deserve.

Let’s break down how to file a medical malpractice claim in simple, clear steps.

What Is Medical Malpractice?

Medical malpractice happens when a healthcare provider—like a doctor, nurse, or hospital—fails to provide care that meets the standard expected in the medical field. This mistake can lead to serious injuries, long-term health problems, or even death.

Here are a few common examples:

Misdiagnosis or delayed diagnosis
Surgical errors
Birth injuries
Prescribing the wrong medication or dosage
Failing to follow up with a patient after treatment

If something like this has happened to you or a loved one, it’s time to consider whether you have a valid claim.

Step 1: Confirm That Malpractice Occurred

Before filing a claim, it’s important to be sure that the harm you experienced was the direct result of a healthcare provider’s mistake. Not every bad outcome is malpractice.

In Florida, for a case to qualify as medical malpractice, you must prove:

There was a provider-patient relationship
The provider was negligent
The negligence caused injury
The injury led to specific damages (like medical bills, lost wages, or pain and suffering)

This part can be tricky. That’s why reaching out to a legal team like The Law Offices of Jared Spingarn is so helpful. They can review your medical records and consult with medical experts to see if your case is strong enough to move forward.

Step 2: Act Quickly—You Have Limited Time

In Florida, the statute of limitations for filing a medical malpractice claim is generally two years from when the patient discovered (or should have discovered) the injury. However, there are some exceptions. For example:

If fraud or concealment was involved, the window could extend up to four years
For minors, the rules are slightly different

Don’t wait too long. If you miss the deadline, you could lose the right to file your claim altogether.

Step 3: Get a Medical Expert Opinion

Florida law requires you to get a verified written medical opinion from a qualified medical expert before filing a malpractice lawsuit. This is known as the pre-suit investigation.

Here’s what happens during this stage:

A medical expert reviews your case
If they believe malpractice occurred, they will provide a sworn affidavit
This affidavit is then used to notify the healthcare provider that a claim is being filed

The Law Offices of Jared Spingarn works closely with medical professionals who can help evaluate the strength of your case.

Step 4: File a Notice of Intent

Before officially filing the lawsuit, Florida requires you to send a Notice of Intent to Initiate Litigation to the healthcare provider(s) involved. This notice includes:

A copy of the medical expert’s sworn statement
Details of the claim
Your intent to pursue legal action

After the notice is served, there’s a 90-day period where the provider and their legal team will review the claim. During this time, both parties may also engage in settlement discussions or request informal discovery (sharing of documents and information).

Step 5: Negotiation and Pre-Suit Mediation

In some cases, the issue can be resolved without stepping foot in a courtroom. During the 90-day window, you and the provider may attempt to settle the matter through negotiation or pre-suit mediation.

This can be a good thing—it often results in a faster resolution. But if no agreement is reached, then it’s time to move on to the next step.

Step 6: File the Lawsuit in Civil Court

Once the 90-day period has passed and if no resolution is reached, your attorney can now file a formal medical malpractice lawsuit in civil court.

This is when the legal process officially kicks off:

Your attorney will draft and file the complaint
The defendant (the healthcare provider) will be served
The discovery process begins (where both sides exchange evidence)
The case may either go to trial or be resolved through a settlement

Having an experienced legal team like The Law Offices of Jared Spingarn by your side can make all the difference. They know the process inside and out, and they’ll be ready to fight for your best outcome.

Step 7: Prepare for Possible Trial

While many medical malpractice cases settle before trial, some do end up in front of a judge and jury. Trials can be lengthy and complex, involving:

Expert witness testimony
Detailed medical records
Cross-examinations
Closing arguments

But don’t let this overwhelm you. A good attorney will guide you through every step, prepare you for what to expect, and advocate for your rights in court.

Why You Need an Experienced Attorney

Medical malpractice laws in Florida are detailed and strict. Without legal experience, it’s easy to miss a deadline or overlook a key detail. That’s why having a lawyer who knows this area of law is so important.

The Law Offices of Jared Spingarn has helped many individuals in Broward County file successful malpractice claims. They take a compassionate, client-first approach, ensuring you’re heard, understood, and empowered every step of the way.

FAQs About Medical Malpractice in Broward County

Q1: How do I know if I really have a medical malpractice case?

If you were harmed by a medical provider’s mistake and it led to serious consequences, it’s worth getting a legal review. A qualified attorney can help evaluate the situation and let you know if your case meets the criteria.

Q2: How much does it cost to hire a medical malpractice lawyer?

Most medical malpractice lawyers work on a contingency fee basis. That means you don’t pay anything upfront—they only get paid if you win or settle your case.

Q3: What kind of damages can I recover in a malpractice claim?

Damages may include medical expenses, lost wages, pain and suffering, future treatment costs, and more. Each case is different, and the exact compensation depends on your specific situation.

Q4: How long does a medical malpractice case take?

Some cases are resolved in a few months, while others can take a year or more—especially if they go to trial. Your attorney can give you a better estimate based on the complexity of your case.

Q5: What if the provider denies any wrongdoing?

That’s common, and it doesn’t mean you don’t have a case. Your lawyer will gather evidence, work with experts, and build a strong argument on your behalf.

Conclusion

Filing a medical malpractice claim in Broward County may seem daunting, but you’re not in this alone. By understanding the process, acting quickly, and getting the right legal help, you can hold negligent providers accountable and pursue the justice you deserve. If you’re ready to take the next step, reach out to The Law Offices of Jared Spingarn. Their experience, compassion, and commitment to clients make them a trusted choice for malpractice cases across Broward County. They’ll help you every step of the way—from reviewing your case to fighting for your rights in court. Your health matters. Your voice matters. And when someone fails to provide the care you deserve, it’s time to stand up and seek justice.