When medical care goes wrong at a Florida hospital, patients often assume they can only sue the individual doctor or nurse responsible for their injuries. Florida law, however, provides multiple legal theories that may allow you to sue the hospital itself. Understanding when you can sue a hospital in Florida requires examining vicarious liability doctrines, direct corporate negligence, sovereign immunity limitations for public hospitals, and mandatory pre-suit procedures.
Hospital liability cases present unique challenges because hospitals often structure their relationships with physicians to avoid legal responsibility. Many doctors who treat patients in hospitals are technically independent contractors rather than employees. Florida courts have developed specific legal doctrines to address these arrangements and protect injured patients.
What Legal Theories Allow You to Sue a Florida Hospital?
Florida law recognizes several distinct theories under which hospitals may be held liable for medical malpractice. Each theory has different requirements and applies in different circumstances.
Vicarious Liability for Hospital Employees
Under the doctrine of respondeat superior, hospitals are vicariously liable for the negligent acts of their employees when those acts occur within the scope of employment. This includes employed physicians, nurses, medical technicians, and support staff. If a hospital nurse administers the wrong medication or an employed physician makes a diagnostic error, the hospital bears legal responsibility for those actions.
The key question is whether the healthcare provider was an employee or an independent contractor. Hospitals cannot escape liability simply by labeling a provider as an independent contractor if the hospital actually controls how the provider performs their work. Courts examine the substance of the relationship, not just the contract language.
Apparent Agency When Independent Contractors Appear to Be Staff
Even when a physician is genuinely an independent contractor, Florida hospitals may still be liable under the apparent agency doctrine. The seminal case Irving v. Doctors Hospital of Lake Worth, Inc., 415 So. 2d 55 (Fla. 4th DCA 1982), established that hospitals can be held liable when they hold out an independent contractor as their agent and patients reasonably rely on that representation.
The three-part test established in Roessler v. Novak, 858 So. 2d 1158 (Fla. 2d DCA 2003), requires showing representation by the hospital, reliance by the patient, and a change in position based on that reliance. Courts consider multiple factors when evaluating apparent agency claims:
- Hospital advertising that presents the facility as the provider of care
- Uniforms, logos, and badges identifying staff with the hospital
- Hospital assignment of physicians to patients without patient choice
- Hospital billing practices that suggest an employment relationship
- Failure to disclose independent contractor status to patients
- Whether the patient had an opportunity to select their own provider
Written contracts designating physicians as independent contractors are not dispositive. What matters is whether the hospital created an appearance of agency and whether the patient reasonably relied on that appearance.
Nondelegable Duties for Core Hospital Functions
Florida recognizes that hospitals have certain duties they cannot delegate away, regardless of whether they use employees or independent contractors. In Shands Teaching Hospital & Clinic, Inc. v. Juliana, 863 So. 2d 343 (Fla. 1st DCA 2003), the court held that hospitals may be vicariously liable for independent contractor negligence under the nondelegable duty doctrine without requiring proof of patient reliance.
Nondelegable duties typically apply to core hospital functions such as maintaining a safe and sterile environment, infection control, proper documentation, and certain essential services. However, per Jones v. Tallahassee Memorial, 939 So. 2d 1246 (Fla. 1st DCA 2006), nondelegable duty does not extend to the independent medical judgment of treating physicians.
Direct Corporate Negligence for Hospital Failures
Separate from vicarious liability, hospitals can be sued directly for their own institutional failures under Fla. Stat. § 766.110. This statute imposes duties on healthcare facilities regarding staff selection, risk management programs, and supervision of medical staff.
Direct corporate negligence claims commonly arise from failures in physician credentialing, inadequate supervision of known problem providers, deficient risk management protocols, and failures to maintain required policies and procedures. These claims target the hospital’s own conduct rather than holding it responsible for another’s negligence.
Can You Sue a Public or Government Hospital in Florida?
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Suing a public hospital in Florida involves additional hurdles and limitations not present in claims against private hospitals. Florida has waived sovereign immunity for tort liability, but only to the extent specified in Fla. Stat. § 768.28.
Sovereign Immunity Damage Caps
Recovery against government entities is capped at $200,000 per person and $300,000 per incident under Fla. Stat. § 768.28(5). These caps include all elements of damages, fees, and costs. Punitive damages and prejudgment interest are not available against government hospitals.
For patients with catastrophic injuries, these caps can dramatically limit recovery. A claim that might be worth several million dollars against a private hospital could be limited to $200,000 against a public hospital. Judgments exceeding the caps may be petitioned to the Florida Legislature through a claims bill, though these are rarely successful.
Notice Requirements for Government Hospital Claims
Claims against government hospitals require written notice that must be received within three years of accrual. Per Menendez v. North Broward Hospital District, 537 So. 2d 89 (Fla. 1988), claimants must provide written notice to both the agency and the Department of Financial Services.
The government entity then has six months to investigate the claim, though this is reduced to 90 days for medical malpractice cases. You cannot file suit until this investigation period expires. Per Levine v. Dade County School Board, 442 So. 2d 210 (Fla. 1983), these notice requirements are mandatory conditions precedent to suit, and courts strictly construe sovereign immunity waivers.
Which Florida Hospitals Qualify as Government Entities
Government hospitals entitled to sovereign immunity protections include teaching hospitals affiliated with public universities such as UF Health/Shands, county-owned hospitals like Jackson Memorial Hospital, special taxing district hospitals, and hospital employees acting within the scope of their employment for these entities.
Determining whether a hospital qualifies as a government entity is often the threshold question in these cases. Private hospitals that receive government funding or treat Medicare patients do not become government entities for sovereign immunity purposes.
What Must You Prove to Sue a Hospital for Medical Malpractice?
Whether you sue a hospital under vicarious liability or direct negligence theories, you must prove the fundamental elements of a medical malpractice claim. Florida law requires establishing four elements by the greater weight of the evidence:
- The applicable standard of care that governed the hospital’s or provider’s conduct
- A breach of that standard through acts or omissions falling below what was required
- Causation showing the breach was a substantial factor in causing your injury
- Damages resulting from the negligent care
The Applicable Standard of Care
Under Fla. Stat. § 766.102, the standard of care is “that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.” Florida follows a national professional standard for clinical care rather than a locality rule.
For hospital administrative functions, Fla. Stat. § 766.102(7) permits a modified locality rule. Claims involving hospital policies, staffing decisions, or administrative procedures may be judged against regional or local standards rather than national benchmarks.
How the Hospital Breached That Standard
Breach occurs when conduct falls below the applicable standard. Expert testimony is generally required to establish what the standard required and how the hospital or its agents deviated from it. However, certain situations may invoke res ipsa loquitur, allowing an inference of negligence.
Per Marrero v. Goldsmith, 486 So. 2d 530 (Fla. 1986), res ipsa loquitur may apply when the patient was unconscious, the injury occurred to a body part remote from the surgical site, and the circumstances support an inference of negligence. Additionally, under Fla. Stat. § 766.102(3)(b), discovery of a foreign body such as a sponge or surgical instrument creates prima facie evidence of negligence.
Causation Under Florida’s Legal Standard
Florida requires proof that the negligence “more likely than not” caused your injury. Per Gooding v. University Hospital Building, Inc., 445 So. 2d 1015 (Fla. 1984), Florida has rejected the loss of chance doctrine. You cannot recover for a decreased chance of survival—you must prove the injury more likely than not resulted from the negligence.
The negligence need not be the sole or primary cause. Under Ruiz v. Tenet Hialeah Healthsystem, Inc., 260 So. 3d 977 (Fla. 2018), a defendant’s negligence need only be a “substantial factor” in causing the harm. A hospital cannot escape liability by pointing to contributing negligence by other providers.
Recoverable Damages
Florida recognizes both economic damages and non-economic damages in medical malpractice cases. Economic damages include past and future medical expenses, lost earnings, lost earning capacity, and out-of-pocket expenses.
Following Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014), and North Broward Hospital District v. Kalitan, 219 So. 3d 49 (Fla. 2017), statutory caps on non-economic damages in medical malpractice are currently unenforceable as unconstitutional under Florida’s Equal Protection Clause. Patients may recover for pain and suffering, mental anguish, disfigurement, and loss of enjoyment of life without artificial caps.
What Are Florida’s Pre-Suit Requirements for Hospital Claims?
Before filing a medical malpractice lawsuit against a Florida hospital, you must complete mandatory pre-suit procedures under Fla. Stat. §§ 766.106 and 766.203.
Mandatory Pre-Suit Investigation
Florida requires claimants to complete a pre-suit investigation to ascertain reasonable grounds to believe the defendant was negligent and that such negligence caused injury. This investigation must be completed before serving notice of intent to initiate litigation.
Expert Affidavit Requirements
You must obtain a verified written medical expert opinion corroborating reasonable grounds to support the claim. Per Fla. Stat. § 766.203, this expert opinion must be submitted at the time the notice of intent is mailed.
The expert must meet the qualification requirements of Fla. Stat. § 766.102(5). For specialists, the expert must specialize in the same specialty as the defendant and have devoted professional time during the three years immediately preceding the incident to active clinical practice, instruction, or research in that specialty.
The 90-Day Notice Period
Written notice of intent to initiate litigation must be served by certified mail on each prospective defendant at least 90 days before filing suit. The notice must include:
- A list of all known healthcare providers seen for injuries after the alleged negligence
- All known providers during the two years before the alleged act
- Copies of all medical records relied upon by the expert
- An executed HIPAA authorization per Fla. Stat. § 766.1065
- The verified expert opinion corroborating the claim
Per Boyd v. Becker, 627 So. 2d 481 (Fla. 1993), the 90-day period is measured from when notice is received by the defendant, not when it is mailed. The defendant must respond within 90 days with a rejection, settlement offer, or offer to arbitrate.
How Long Do You Have to Sue a Hospital in Florida?
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Florida’s statute of limitations for medical malpractice claims presents strict deadlines that can bar otherwise valid claims.
The Two-Year Statute of Limitations
Under Fla. Stat. § 95.11(5)(c), medical malpractice actions must be commenced within two years from the time the incident occurred or within two years from when the incident was discovered or should have been discovered with due diligence.
Per Tanner v. Hartog, 618 So. 2d 177 (Fla. 1993), discovery means knowledge of both the injury and a “reasonable possibility that the injury was caused by medical malpractice.” The clock does not start merely because you know you were injured—you must also have reason to suspect malpractice.
The Four-Year Statute of Repose
Regardless of when you discover your injury, no action may be commenced later than four years from the date of the incident. Per Kush v. Lloyd, 616 So. 2d 415 (Fla. 1992), this statute of repose begins from the date of the negligent act, not from when the injury manifests.
Florida’s timing rules create important deadlines to track:
- Two years from discovery triggers the standard statute of limitations
- Four years from the incident creates an absolute outer limit for most claims
- Filing a notice of intent tolls both the statute of limitations and statute of repose per Musculoskeletal Inst. Chartered v. Parham, 745 So. 2d 946 (Fla. 1999)
- A 90-day extension is available upon petition to the clerk within the limitations period under Fla. Stat. § 766.104(2)
Exceptions for Minors and Fraud
The four-year statute of repose does not bar actions on behalf of minors filed on or before the child’s eighth birthday. This exception is particularly important in birth injury cases where injuries may not become apparent for years.
In cases involving fraud, concealment, or intentional misrepresentation that prevented discovery, the limitations period extends to two years from discovery but may not exceed seven years from the incident. The seven-year cap does not apply to minors’ claims filed before the eighth birthday.
What If Someone Died Due to Hospital Malpractice?
When hospital malpractice causes death, Florida’s Wrongful Death Act creates a statutory right of action for survivors. These cases involve additional procedural requirements and, in some circumstances, significant limitations on recovery.
Who Can Bring a Wrongful Death Claim
Under Fla. Stat. § 768.20, only the personal representative of the decedent’s estate may file a wrongful death action. The claim is brought for the benefit of the estate and surviving family members, including the surviving spouse, minor children, parents, and in some circumstances adult children.
Recoverable Damages in Wrongful Death Cases
Damages vary by survivor class under Fla. Stat. § 768.21. Surviving spouses can recover lost support and services, lost companionship, and mental pain and suffering. Minor children under 25 can recover lost support, lost parental companionship, and mental pain and suffering. The estate may recover lost earnings from the date of injury to death, loss of prospective net accumulations, and medical and funeral expenses.
The “Free Kill Law” Limitation
Florida’s so-called “Free Kill Law,” Fla. Stat. § 768.21(8), imposes severe restrictions on wrongful death recovery in medical malpractice cases. Adult children over 25 cannot recover non-economic damages when their parent dies from medical malpractice. Parents of adult children over 25 cannot recover mental pain and suffering damages.
The practical effect is devastating for certain families. When an unmarried adult patient over 25 with no spouse or minor children dies from hospital malpractice, survivors may be limited to economic damages only. This significantly reduces the recoverable value of these claims and creates what critics consider an unfair distinction in medical malpractice cases. Legislative efforts to repeal this provision have thus far been unsuccessful.
Frequently Asked Questions About Suing Hospitals in Florida
Can I sue a hospital if my doctor was an independent contractor?
Potentially yes. Even when a physician is an independent contractor, the apparent agency doctrine may allow you to hold the hospital liable if the hospital held the physician out as its agent and you reasonably relied on that representation. Courts examine factors like hospital advertising, uniforms, billing practices, and whether you had a choice in selecting your provider.
What is the difference between suing a hospital and suing my doctor?
Suing the doctor targets their individual negligence in providing care. Suing the hospital targets either the hospital’s vicarious responsibility for its agents’ actions or the hospital’s own institutional failures in credentialing, supervision, or maintaining safe conditions. You can often pursue both claims simultaneously.
How much can I recover if I sue a Florida hospital?
For private hospitals, there are currently no enforceable caps on non-economic damages following the Kalitan decision. Economic damages have never been capped. For public hospitals, sovereign immunity limits recovery to $200,000 per person and $300,000 per incident, which substantially reduces compensation for serious injuries.
Do I need an expert witness to sue a hospital?
Yes. Florida law requires expert testimony to establish the standard of care and prove breach in virtually all medical malpractice cases. You must also obtain a corroborating expert opinion before serving your notice of intent to sue. The expert must meet specific qualification requirements including practicing in the same specialty as the defendant.
Can I sue a hospital for emergency room negligence?
Emergency room claims are possible but face a higher burden. Under Fla. Stat. § 768.13(2)(b), hospital emergency departments and ER physicians may be protected by immunity requiring proof of “reckless disregard” rather than ordinary negligence. This standard requires showing conduct creating unreasonable risk substantially greater than what is necessary to make conduct negligent.
Protecting Your Right to Sue a Florida Hospital
Hospital malpractice cases require careful analysis of multiple legal theories, strict compliance with pre-suit requirements, and attention to filing deadlines. The distinction between private and public hospitals can dramatically affect your potential recovery. Evidence preservation is critical, as medical records, hospital policies, and employment contracts may all be relevant to establishing liability.
Florida’s two-year statute of limitations and four-year statute of repose create firm deadlines that cannot be extended once missed. The pre-suit investigation and notice requirements add additional time to the process, making early evaluation of potential claims essential.
If you have questions about suing a hospital for medical malpractice in Florida, contact Prosper Injury Attorneys to discuss your situation.
