When a trusted provider's negligence causes harm — or a defective drug or device does — the path to accountability runs through Florida's strict presuit rules. Forty years of holding hospitals, providers, and manufacturers responsible. No fee unless we recover for you.
Before a medical-malpractice lawsuit can even begin, Florida law (Chapter 766) requires a formal presuit investigation, a notice of intent, and a corroborating opinion from a qualified medical expert. Most general-practice lawyers won't touch these cases for exactly this reason.
"Two other lawyers told me it was 'too complicated' and turned me away."
Florida requires a sworn opinion from a like-specialty medical expert (Fla. Stat. § 766.203) before the case proceeds. Securing the right expert is expensive and demanding — and it's the threshold that separates a real claim from one that gets dismissed.
"I knew something went wrong, but I had no idea how to prove it."
Hospitals and providers carry well-funded malpractice insurers and specialized defense firms that begin protecting the record immediately. Internal reviews, risk-management protocols, and "peer review" privileges are deployed to keep the most damaging facts out of your hands.
"My records were suddenly very hard to get a straight answer about."
Florida's medical-malpractice deadline (Fla. Stat. § 95.11(4)(b)) is generally two years from when you knew or should have known of the injury — but no more than four years from the incident, with limited exceptions. Misunderstanding this discovery rule is how valid claims expire.
"By the time I connected the dots, I worried it was too late."
Florida's medical-malpractice statutes are among the most demanding in the country. Knowing them cold is the difference between a case that proceeds and one that's dismissed before it starts.
Fla. Stat. Chapter 766
Before filing, Florida requires a presuit investigation, a formal notice of intent to the prospective defendants, and a 90-day presuit period during which the parties investigate and respond (§ 766.106). Skipping or mishandling any step can end the case before a judge ever sees it.
Fla. Stat. § 766.203
The claim must be supported by a verified written opinion from a medical expert in the same or similar specialty confirming reasonable grounds for the claim. This expert-affidavit requirement is the gatekeeper of every Florida med-mal case — and the reason these cases require an attorney who handles them.
Fla. Stat. § 766.102
Liability turns on whether the provider breached the prevailing professional standard of care — what a reasonably prudent similar provider would have done under the circumstances. Establishing that standard, and the breach, is an evidentiary battle fought with expert testimony.
Fla. Stat. § 95.11(4)(b)
The deadline is generally two years from when the injury was discovered or should have been discovered, but no more than four years from the incident (the statute of repose), with narrow exceptions for fraud, concealment, and minors. The discovery rule is frequently misunderstood — confirm your deadline before assuming.
This page provides general information about Florida medical malpractice and product liability law and is not legal advice. Statutes and case law change; your specific case requires a consultation.
The presuit affidavit and expert requirements weed out unprepared lawyers before a case ever begins.
Medical malpractice and product-liability cases demand more up-front investment, expert coordination, and procedural precision than any other area of personal-injury law. They are not volume cases, and they cannot be run from a template.
Because of Florida's presuit gatekeeping, the honest answer to "do I have a case?" often depends on a careful records review and a qualified expert's opinion. Robert DiStefano will tell you candidly what your situation requires and whether it merits the investment to pursue — and if it does, he handles it personally, from the records review through the presuit process and beyond.
Broward County is home to major hospital systems, surgical centers, and hundreds of long-term-care facilities. Negligence can occur in any of them.
If you believe negligent care or a defective product caused harm, call (954) 572-8000 for a free, confidential review.
Founding Attorney · Admitted 1982 · J.D., Nova Southeastern
Robert has practiced Florida personal-injury law for more than forty years, including the demanding procedural terrain of medical malpractice and product liability. When you call DiStefano Law, you reach Robert directly — and he will give you a straight assessment of what your case requires.
★★★★★
“The best lawyer in South Florida. Thank you DiStefano for all the hard work that you and your team have done to get me amazing results.”
Taravia Google
★★★★★
“I had a wonderful experience with Robert! He fought hard for me and kept me in the loop the whole time. The whole office is just great!”
Paulavia Google
★★★★★
“Mr. DiStefano is the best! Kept me up to date with everything, and his paralegal Michelle also kept us informed. Happy with my settlement — I highly recommend him.”
Stacy Leevia Google
Lisa Marie Santamarta, Esq.
Bilingual — English & Spanish
Lisa Marie Santamarta handles personal-injury, medical malpractice, and immigration matters for clients throughout Florida, and has practiced in South Florida since 2011. Like every attorney at DiStefano Law, she handles your matter personally, without an intake call center or a rotating roster of associates.
Fluent in English and Spanish, she can guide you through an accident claim or the immigration system in the language you are most comfortable speaking.
A free, confidential records review and an honest assessment of whether you have a case. No fee unless we recover for you.
(954) 572-8000