Many people wonder, can you sue a hospital in Florida for negligence? The short answer is yes, but the hospital is not automatically liable for every medical error. Depending on the facts of the case and the relationship between the hospital, medical staff, and healthcare providers, the hospital can be held legally responsible for certain acts of negligence but not others.
Patients considering filing a hospital negligence claim in Florida can benefit from knowing how Florida medical malpractice cases are reviewed to understand the applicable legal rights.
When Can a Hospital Be Held Liable?
Hospitals have a legal duty to provide care for patients that is reasonably safe. This means a hospital can be liable for its own negligence and, in some circumstances, liable for the actions of certain medical staff and other healthcare providers. Examples of cases that may give rise to hospital liability include but are not limited to:
- Negligent hiring, training, or supervision of medical staff
- Failure to have safe policies or procedures
- Medication errors by hospital employees
- Failure to monitor patients or coordinate care between departments
- Unsafe hospital conditions
Sometimes a combination of factors can also play a role. Establishing liability usually requires a detailed analysis of medical records and hospital policies.
Are Hospitals Liable for All Doctors’ Mistakes?
Physicians who practice medicine in a hospital setting are often not employees of the hospital. In many cases, these doctors are independent contractors, and only the physician may be responsible for any negligent medical care. The hospital may not be legally liable for the conduct of independent contractor physicians.
There are exceptions to this rule, including cases in which the physician is a hospital employee. In many cases, determining who is liable depends on the unique facts of the case, so identifying potential defendants is one of the first steps in evaluating a medical malpractice case. In all cases, you want to hire a medical malpractice lawyer for optimal results.
In 2024, 3,340 professional liability cases in Florida were reported as closed. Nearly $1.817 billion was paid during those claims. Hospital inpatient facilities were the most common site for claims.
Florida Laws that Apply to Hospital Negligence
Hospital negligence cases are generally subject to the same laws as all other medical malpractice actions in Florida, including Chapter 766, Florida statutes, which govern medical malpractice claims in Florida, including pre-suit investigation and professional review requirements.
Florida Statutes § 95.11 also includes the statute of limitations applicable to most medical malpractice actions. Statute of limitations deadlines are strictly enforced, and prompt investigation is essential to preserving a claim.
Hospital negligence claims are typically filed in the Florida circuit court in the county where the alleged negligence occurred. For example, a claim in Orange County would generally be filed at the Orange County Courthouse, 425 North Orange Avenue, Orlando, FL 32801.
Hire a Medical Malpractice Lawyer at Spangenberg Shibley & Liber
Spangenberg Shibley & Liber has been representing victims of medical negligence for decades and has secured more than $1 billion in verdicts and settlements since its founding in 1946. However, past results do not guarantee a similar outcome. Each case is different and must be evaluated on its own merits.
The firm’s trial attorneys have significant experience handling complex medical malpractice claims and focusing on cases involving hospitals, physicians, and other healthcare professionals.
Firm results include an $8.5 million settlement for delayed diagnosis leading to quadriplegia and a $6.5 million verdict in a medical malpractice wrongful death case, among other significant healthcare negligence cases. A medical malpractice attorney at our firm can advocate for your case too. Contact us today for more information.
