Medical Malpractice Lawyer Davie, FL

Harmed by the care that was supposed to help you?

Florida makes these claims harder to bring than any other injury case, and Jacobson Injury Firm works within that system.

Davie sits at the center of South Florida’s medical education corridor. Nova Southeastern University’s main campus is here, and its health colleges cover osteopathic medicine, dental medicine, optometry, and pharmacy, while residents receive care across Broward County’s wider hospital network. Most of that care is competent. When it is not, Florida puts procedural hurdles in front of the patient that exist in no other kind of injury claim. Our medical malpractice lawyer in Davie, FL works through those requirements. Call (561) 567-7163 for a free consultation.

Medical Malpractice Lawyer in Davie, FL

A bad outcome is not malpractice. Medicine carries risk, and a patient can be treated properly and still decline. The claim requires something narrower: care that fell below the professional standard, and harm that the failure caused.

Proving that takes a qualified physician willing to review the chart and put their name to a written opinion before you are allowed to file anything. A Davie medical negligence attorney lines up that review first, because without it the case does not legally start.

Table of Contents

1. Medical Malpractice Lawyer in Davie, FL
2. Why Choose Jacobson Injury Firm for Medical Negligence Claims
3. Types of Medical Malpractice Cases We Handle
4. Florida’s Presuit Requirements
5. Deadlines and the Comparative Fault Rule That Works in Your Favor
6. Damages and the Restriction on Fatal Cases
7. Frequently Asked Questions
8. Contact Jacobson Injury Firm

Why Choose Jacobson Injury Firm for Medical Negligence Claims

A Science Background That Matters in These Files

These cases live in the medical record. Adam Jacobson holds a Bachelor of Science in Biotechnology from the State University of New York at Buffalo alongside his Juris Doctor from Florida International University College of Law, and is a member of The Florida Bar. Reading a chart closely is the difference between spotting the failure and missing it.

Results in Serious Injury Matters

Our firm has recovered millions of dollars for injured clients. Medical defendants are represented by firms that handle nothing else, and the file has to be built for that opposition from the first week.

Expert Costs Advanced by the Firm

Medical negligence claims require paid expert review before anything can be filed. Those costs come out of our contingency fee arrangement rather than out of your pocket.

What Our Clients Say

“Excellent service and results. Jacobson Law Offices was professional, responsive, and truly cared about my case. They explained everything clearly and delivered great results. I highly recommend them to anyone needing a dedicated and trustworthy lawyer.” 

Isaac Mendes

Read more on our Google Business Profile.

Types of Medical Malpractice Cases We Handle

• Surgical errors: Wrong-site procedures, retained instruments, and avoidable damage to surrounding structures.
• Diagnostic failures: Missed or delayed diagnosis of cancer, stroke, heart attack, or infection, where the delay itself caused the harm.
• Emergency department errors: Premature discharge, failure to order indicated imaging, and missed findings on tests that were performed.
• Medication errors: Wrong drug, wrong dose, and failure to check known interactions or allergies.
• Anesthesia complications: Dosing errors and monitoring failures that cause oxygen deprivation and brain injuries.
• Birth injuries: Delayed cesarean, fetal distress that went unrecognized, and delivery injuries, which our [birth injury page] covers.
• Failure to obtain informed consent: Proceeding without disclosing the risks a reasonable patient would want before agreeing.
• Nursing and facility negligence: Medication administration failures, pressure injuries, and falls in hospitals and care facilities.

Florida’s Pre-suit Requirements

Nothing gets filed until two statutes are satisfied, and this is where unrepresented claims die.

The expert affidavit: Florida Statute § 766.203 requires the claimant to investigate and establish reasonable grounds to believe both that the provider was negligent and that the negligence caused the injury. A verified written medical expert opinion corroborating those grounds must accompany the notice. That opinion is discoverable later, and it must disclose whether the same expert has previously been disqualified.

The notice and the 90-day window: Florida Statute § 766.106 requires formal notice of intent to initiate litigation on each prospective defendant, served with the medical records the expert relied on and an authorization form. The defendant then gets 90 days to investigate and must close that period by rejecting the claim, offering settlement, or offering to arbitrate with liability admitted and only damages at issue.

The statute of limitations is tolled from mailing of the notice through that 90-day period, which is the one piece of breathing room the system provides. The practical consequence is straightforward: bringing a medical negligence claim takes months of preparation before a complaint exists, so a case brought to a lawyer with weeks left on the clock may already be out of time.

Deadlines, and the Comparative Fault Rule That Works in Your Favor

Florida Statute § 95.11 sets medical malpractice deadlines in subsection (5)(c), and the structure is layered:

• Two years from when the incident occurred, or from when it was discovered or should have been discovered with due diligence.
• Four years from the date of the incident as an outer limit, regardless of discovery.
• Seven years where fraud, concealment, or intentional misrepresentation prevented discovery.

Now the provision almost nobody mentions. Florida’s modified comparative fault rule bars recovery for anyone more than 50 percent at fault, but subsection (6) of Florida Statute § 768.81 states that the subsection does not apply to an action for damages for personal injury or wrongful death arising out of medical negligence under chapter 766. A patient who contributed to their own harm by missing appointments or not following instructions still has their recovery reduced proportionally, but the hard bar that ends ordinary negligence claims does not apply here. Our comparative fault page explains how the reduction works elsewhere.

Damages and the Restriction on Fatal Cases

Economic damages cover corrective treatment, future care, lost wages, and reduced earning capacity. Non-economic damages cover pain and suffering, disfigurement, and loss of enjoyment of life. Severe outcomes reach [catastrophic injury] territory where lifetime care drives the value.

Where malpractice kills the patient, one restriction changes everything and remains in force. Subsection (8) of Florida Statute § 768.21 bars adult children from recovering noneconomic damages, and bars parents of an adult child from recovering theirs, in medical negligence claims. Because the Wrongful Death Act counts anyone 25 or over as an adult child, an unmarried patient 25 or older with no children under 25 can die from negligent care with no family member able to recover noneconomic damages at all.

Two repeal attempts have failed. HB 6017 cleared both chambers in 2025 before Governor DeSantis vetoed it on 29 May 2025, and HB 6003 passed the House 88 to 17 in January 2026 and died in the Senate. Economic damages remain recoverable, and our [wrongful death] page covers how those claims are structured. Insurance companies know this restriction well and price fatal cases accordingly.

Frequently Asked Questions

How do I know whether this was malpractice or a known risk? 

A qualified physician has to review the records to answer that, which is the same review the statute requires. We arrange it before anything is filed.

Can I get my medical records myself? 

Yes, and you should request them now. A complete chart, including imaging and nursing notes, is where these cases are evaluated. Our evidence page covers what matters.

I signed a consent form. Does that end it? 

No. Consent covers known risks of properly performed treatment. It does not excuse care that fell below the standard.

How long will this take? 

Longer than most injury claims because of presuit. Our case timelines page lays out the stages.

Contact Jacobson Injury Firm

The pre-suit process takes months before a lawsuit exists, and the four-year outer limit does not move for anyone. Waiting to see whether the next treatment fixes things is how viable claims expire.

Consultations are free, and we work on contingency. Contact us to have the records reviewed. A medical malpractice attorney in Davie, FL can tell you whether an expert will support the claim before you commit to anything.