When a doctor misses a diagnosis, makes a surgical mistake, or fails to treat what the records plainly show, the harm can change your life. These are the hardest injury cases in Florida to bring — and many firms turn them away. Robert DiStefano has spent more than 40 years holding negligent providers accountable for Broward families.
A bad outcome is not always malpractice. As your Fort Lauderdale medical malpractice lawyer, the first thing Robert DiStefano does is figure out one thing: did your provider fail to do what a reasonably careful doctor would have done in the same situation? That line is called the standard of care, and proving a provider fell below it is the heart of every case.
Most of the cases we take fall into four buckets. Misdiagnosis or delayed diagnosis — a cancer, heart attack, stroke, or infection that the warning signs in your own chart should have caught. Surgical errors — the wrong site, a retained instrument, a nicked organ, anesthesia gone wrong. Medication mistakes — the wrong drug, the wrong dose, or a dangerous interaction nobody checked. And failure to treat — a patient sent home, ignored, or never followed up on while a treatable condition got worse.
What these have in common is that another doctor — usually one in the same specialty — has to look at the records and say, under oath, that the care fell short and that the failure is what hurt you. That single requirement is why these cases are different from a car crash or a slip and fall, and why so many lawyers decline them. We don't. We read the chart, we line up the right expert, and we give you a candid assessment of whether you have a real case.
Florida treats medical claims differently from ordinary injury claims. Before you can even file a lawsuit, the law makes you clear a series of gates. Miss one and your case can be thrown out no matter how strong it is. Here is what governs your claim.
Fla. Stat. § 766.203
Before you can sue, Florida requires a sworn opinion from a qualified medical expert stating there are reasonable grounds to believe malpractice happened. No affidavit, no case. Getting the right specialist to review your records and sign is often the single hardest — and most expensive — step. We front that work.
Fla. Stat. § 766.102
You must prove the provider failed to act with the level of care, skill, and treatment that a reasonably prudent similar provider would have used. A disappointing result is not enough — we have to show what a careful doctor would have done differently, and that the difference caused your harm.
Fla. Stat. Chapter 766 (presuit)
Florida forces both sides through a mandatory presuit investigation and notice process before a complaint is filed. The defense gets 90 days to review, and there are strict rules for serving notice. Handled wrong, the whole claim can be dismissed on a technicality.
Fla. Stat. § 95.11(4)(b)
You generally have 2 years from when you discovered (or should have discovered) the injury, with an outer limit of 4 years from the date of the malpractice (the statute of repose). These deadlines are unforgiving, and the presuit clock runs inside them. Call before time runs out.
This page provides general information about Florida law and is not legal advice. Statutes and case law change; your specific case requires a consultation.
Broward is one of the busiest medical markets in Florida, and we have handled claims arising out of care across the county — from large hospital systems to the surgical and outpatient centers and the emergency departments that see the heaviest volume.
Knowing how these systems document care — and how they defend claims — matters. We have read these charts before. If the harm involved a newborn or a delivery, that work lives on our birth injury page. If a loved one was hurt in a care facility, see nursing home abuse and neglect.
Medical malpractice is not a volume practice. It takes experience, the right experts, and the willingness to spend money before a dime comes in. That is why other firms say no — and why we say let's look.
"Many lawyers turn these cases down because of what the law demands up front. We meet that demand head-on, and you pay nothing unless we recover for you."
We order the complete chart, imaging, and billing — then go through it line by line to see where the care broke down and who is responsible.
We retain a qualified specialist to review your case and, when the facts support it, sign the corroborating affidavit Florida requires before suit. We advance that cost.
We serve proper notice, handle the 90-day investigation correctly, and push for a full recovery — by settlement or, if needed, at trial.
Every case is handled personally by Robert DiStefano — not handed off to a rotating staff. You can read more about Robert's four decades of Florida practice, and you can See how we handle these cases → on our medical malpractice and product liability page. Everything is on contingency: no fee unless we recover for you. When you're ready, reach out to our Fort Lauderdale office for a free, confidential review.
★★★★★
“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
These cases have hard deadlines and a demanding presuit process. The sooner we start, the more we can do. Tell Robert what happened — there's no fee unless we recover for you.
(954) 572-8000