When a doctor, hospital, or other health care provider falls below the accepted standard of care and a patient is harmed, Florida law may allow a claim for medical negligence. These claims follow their own procedures, which are stricter than in most injury cases. The Law Office of Brantley Oakey represents patients and families in Naples and throughout Collier County in medical and dental malpractice matters.
Call 239-963-2897 to talk about what happened.
Examples of medical negligence claims
- Surgical errors
- Misdiagnosis or delayed diagnosis
- Medication errors
- Birth injuries
- Emergency room and hospital errors
- Dental malpractice
- Nursing home and long-term care negligence involving medical care
A poor outcome is not, by itself, malpractice. Generally, a claim requires that the provider breached the prevailing professional standard of care and that the breach caused the injury.
Florida’s presuit process
Before a medical negligence lawsuit can be filed in Florida, chapter 766 of the Florida Statutes requires a presuit process.
1. Presuit investigation by the claimant (s. 766.203(2)). Before sending a notice of intent, the claimant must investigate to make sure there are reasonable grounds to believe that:
– a named defendant was negligent in the claimant’s care or treatment; and
– that negligence caused injury.
These grounds must be corroborated by a verified written medical expert opinion, from a medical expert as defined in s. 766.202. It is provided when the notice of intent is mailed.
2. Notice of intent to initiate litigation (s. 766.106(2)). After the investigation, the claimant must notify each prospective defendant of the intent to bring a medical negligence claim. The statute lists the permitted ways to serve the notice, such as certified mail with a return receipt or a process server.
3. The 90-day presuit period (s. 766.106(3)). A lawsuit generally may not be filed for 90 days after the notice is delivered. During that time, the provider or its insurer reviews the claim. The statute of limitations is tolled during this 90-day period, as provided in s. 766.106(4).
4. Possible extension (s. 766.104(2)). A claimant may petition the clerk of court for an automatic 90-day extension of the statute of limitations so the required investigation can be completed.
The presuit process takes time, and the medical expert opinion has to be obtained before the notice goes out. So it is important to start early.
Deadlines: the statute of limitations and statute of repose
Under section 95.11(5)(c), Florida Statutes (2026):
- Two years. A medical malpractice action generally must be started within 2 years from when the incident occurred, or within 2 years from when it was discovered or should have been discovered with due diligence.
- Four-year outer limit (repose). In general, no action may be started more than 4 years after the date of the incident. The statute gives an exception for an action brought on behalf of a minor on or before the child’s eighth birthday.
- Fraud or concealment. If fraud, concealment, or intentional misrepresentation prevented discovery of the injury, the period is extended forward 2 years from discovery. Even then, it may not go beyond 7 years from the incident, subject to the same minor exception.
These rules interact with the presuit tolling periods described above. The correct deadline in a particular case depends on the facts, so get advice as soon as you suspect a problem.
What you can do now
- Request copies of your medical records, imaging, and bills.
- Write down a timeline: dates of treatment, the providers involved, and what you were told.
- Keep any discharge papers, prescriptions, and correspondence.
- Avoid posting about the matter on social media.
How we can help
Brantley Oakey has been a member of The Florida Bar since 2012 and handles civil litigation in Naples and Southwest Florida. In a medical negligence matter, the work typically includes:
- reviewing the records;
- working with qualified medical reviewers to evaluate whether the claim meets Florida’s presuit requirements;
- preparing and serving the notice of intent;
- handling the presuit period, negotiation, and litigation.
Every case is different, and no lawyer can promise a particular result. We will explain the process, the deadlines, and your options in plain terms.
Talk with a Naples medical malpractice lawyer
If you believe you or a family member was harmed by medical or dental care in Naples or Collier County, call 239-963-2897 or contact us. The Law Office of Brantley Oakey is at 780 5th Avenue South, Ste 200, Naples, FL 34102.
This page is general information, not legal advice. Reading it does not create an attorney-client relationship.