Top Tier Florida Medical Malpractice Attorneys
If you've been the victim of medical malpractice, we'd be honored to fight for you and your family.
By submitting this form, you authorize Avera & Smith to contact you regarding your potential case. Contacting us through this website does not create an attorney-client relationship. See Privacy Policy and Terms of Service.
Injured By A Medical Error or Misdiagnosis? We Can Help You.
You trusted a medical professional with your health, and when that trust is broken, the consequences can be catastrophic. Medical malpractice is a serious form of negligence that can cause life-changing injuries, permanent disability, or wrongful death. Hospitals and healthcare providers are backed by formidable insurance companies and legal teams focused on protecting their interests. That’s why you need a powerhouse firm to protect you.
At Avera & Smith, we don’t back down from insurance companies and their defense teams. For more than 70 years, we have fought for victims and families devastated by serious medical malpractice. We build powerful, evidence-driven cases to hold negligent medical professionals accountable and pursue the full compensation our clients deserve.
What Constitutes Medical Malpractice In Florida
Medical malpractice occurs when a doctor, hospital, nurse, surgeon, or other healthcare provider fails to provide treatment that meets the accepted standard of medical care, and that failure causes a patient to suffer serious injury, worsening illness, or death. In Florida, medical malpractice law allows injured patients and surviving family members to pursue compensation when preventable medical errors lead to harm.
Not every poor medical outcome is considered malpractice. Medicine is complex, and even skilled healthcare professionals cannot guarantee results. A medical malpractice claim typically arises only when a provider acts negligently, meaning they did something a reasonably prudent medical professional would not have done, or failed to do something that should have been done under similar circumstances.
Why Medical Malpractice Cases Are So Challenging In Florida
Medical malpractice cases in Florida are highly complex and difficult to pursue because the legal standard for proving negligence is extremely demanding. Injured patients must do more than show that a medical mistake occurred. They must present substantial evidence proving that a healthcare provider violated the accepted standard of care and directly caused serious harm as a result.
In addition, hospitals, physicians, and healthcare systems are typically backed by large malpractice insurance companies and experienced legal defense teams whose goal is to minimize or deny liability. These organizations have significant financial resources and aggressively defend malpractice claims from the earliest stages of a case. To successfully litigate medical malpractice cases, individuals need a law firm that can match the firepower of these corporations and fight for full and fair compensation.
Why Insurance Companies Take Avera & Smith Seriously
When you hire Avera & Smith, you're not just hiring an attorney — you're bringing decades of proven results and a reputation that insurance companies in Florida already know. That changes how your case is handled from day one.
70+Years of Experience
Very few law firms can claim this level of experience. With over seven decades of fighting for injured Floridians, Avera & Smith has built a legacy of skill, resilience, and results. We’ve mastered Florida’s premises liability laws and our longevity is a testament to the trust our clients place in us.
We Build Every Case Like It's Going To Trial
Medical malpractice insurers often settle when they believe you're prepared to fight in court. We gather medical records, secure expert witnesses, and build airtight cases before we ever enter a negotiation. That preparation gives us leverage at every stage.
Access To Top Medical Expert Witnesses
Proving medical malpractice requires more than legal skill. It requires qualified medical experts who can clearly explain where the standard of care was breached and how that breach caused your injury. We work with respected medical professionals across multiple specialties whose insight, credibility, and testimony help build powerful, evidence-backed cases designed to withstand aggressive defense tactics.
Million-Dollar Results
Our attorneys are members of the Million Dollar Advocates Forum, a distinction reserved for lawyers who have secured settlements and verdicts exceeding $1 million. We know what maximum compensation looks like, and we know how to pursue it.
No Fee Unless We Win
We handle every medical malpractice case on a contingency fee basis. You pay nothing upfront and nothing out of pocket. If we don't recover compensation for you, you owe us nothing.
Board Certified
Partners Mark Avera and Jennifer Cates Lester hold board certification in civil trial law from the Florida Bar — a distinction earned by fewer than 5% of Florida's licensed attorneys. This certification requires demonstrated expertise, peer evaluation, and a proven record of success in complex civil litigation, such as medical malpractice.
Meet the Attorneys Who Fight for You
Behind every successful case is a team that knows how to take on insurance companies and deliver results. At Avera & Smith, our attorneys bring decades of experience, proven outcomes, and a reputation that demands respect.
Types Of Medical Malpractice Cases We Handle
Medical malpractice takes many forms. At Avera & Smith, we represent victims across a wide range of medical negligence claims throughout Florida. Click any practice area below to learn more about your specific situation.
Common Signs Of Medical Malpractice In Florida
Not every poor or unexpected medical outcome is malpractice. But when a healthcare provider’s mistake or failure to meet accepted medical standards causes serious harm, you may have a valid claim. If any of the following apply to your situation, it is important to speak with an experienced Florida medical malpractice attorney as soon as possible:
- Your condition worsens after treatment: If your health declines significantly after a procedure or course of treatment that should have helped, it may be a sign that a medical error has occurred.
- You receive a second opinion that contradicts your original diagnosis: If another qualified doctor determines that your condition was misdiagnosed, missed, or should have been detected earlier, it may indicate that the original provider failed to meet the accepted standard of care.
- A diagnosis is delayed or missed entirely: Conditions like cancer, heart disease, and stroke require timely diagnosis and treatment. A provider who fails to identify warning signs or order appropriate testing may be liable for the harm that follows.
- You are not informed of the risks: Healthcare providers are required to obtain informed consent before treatment. If you are not told about known risks of a procedure and suffer harm as a result, you may have a valid malpractice claim.
- Something goes wrong during surgery: Unexpected complications, damage to surrounding organs, or foreign objects left inside the body after a procedure are all potential indicators of surgical negligence.
- Your medication causes unexpected harm: If you experience a serious adverse reaction to a medication that was improperly prescribed or dispensed, a healthcare provider or pharmacy may be responsible.
What a Florida Medical Malpractice Attorney Can Recover
A successful medical malpractice claim in Florida can result in compensation for a range of damages, including:
- Medical Expenses: Past and future costs of treatment related to the malpractice, including surgeries, hospitalizations, rehabilitation, and ongoing care.
- Lost Wages: Income lost as a result of your injury, as well as future earning capacity if your ability to work has been permanently affected.
- Pain and suffering: Compensation for the physical pain, emotional distress, and diminished quality of life caused by the malpractice.
- Disability and disfigurement: If the malpractice results in a permanent physical impairment or disfigurement, you may be entitled to additional compensation reflecting the long-term impact on your life.
- Wrongful death damages: If a loved one died as a result of medical negligence, surviving family members may be entitled to compensation for funeral expenses, loss of financial support, and loss of companionship.
In Florida, medical malpractice claims are governed by complex laws that can limit certain types of non-economic damages. Insurance companies and hospital defense teams understand these laws well, and they use them aggressively to reduce payouts whenever possible. Having an experienced medical malpractice attorney can make a critical difference.
Frequently Asked Questions: Florida Medical Malpractice
How do I know if I have a medical malpractice case in Florida?
The key question is whether a healthcare provider failed to meet the accepted standard of care and whether that failure directly caused your injury or worsened your condition. This isn't always obvious. Medical malpractice cases require expert medical evaluation to establish negligence. The best first step is a free consultation with an experienced Florida medical malpractice attorney who can review the facts of your situation and give you an honest assessment of your options.
How long do I have to file a medical malpractice claim in Florida?
Florida's statute of limitations for medical malpractice claims is generally two years from the date you discovered the injury. In most cases, there is an absolute deadline of four years from the date of the malpractice regardless of discovery, with limited exceptions for fraud or concealment. These deadlines are strict and missing them means losing your right to pursue compensation. Contact an attorney as soon as possible after a suspected malpractice incident.
How much does it cost to hire a medical malpractice attorney at Avera & Smith?
Nothing upfront. We handle all medical malpractice cases on a contingency fee basis, meaning our fee comes as a percentage of the compensation we recover for you — and only if we win. If we don't recover compensation, you owe us nothing. This makes experienced legal representation accessible regardless of your financial situation.
What makes medical malpractice cases different from other personal injury cases?
Medical malpractice cases are significantly more complex than most personal injury claims. They require a thorough review of medical records, testimony from qualified expert witnesses in the relevant medical specialty, and a deep understanding of both Florida malpractice law and medical standards of care.
Can I file a medical malpractice claim if my loved one died due to negligent care?
Yes. Wrongful death caused by medical malpractice is one of the most serious claims our firm handles. Surviving spouses, children, and other dependents may be entitled to compensation for the loss of financial support, loss of companionship, funeral and medical expenses, as well as pain and suffering damages . These cases are emotionally difficult and legally complex. We handle them with the care and urgency they deserve.
What if the hospital is also responsible, not just the doctor?
Hospitals can be held liable for medical malpractice in Florida under several theories, including direct negligence for failing to maintain safe conditions or properly credentialed staff, and vicarious liability for the actions of employees. If your injury involved a hospital employee, such as a nurse, technician, or employed physician, the hospital itself may share legal responsibility. Our attorneys evaluate all potentially liable parties when building your claim.
You Deserve Answers After a Serious Medical Error
If you believe a doctor, hospital, surgeon, or other healthcare provider caused you or a loved one serious harm, do not wait to get legal guidance. Medical malpractice cases in Florida are aggressively defended by hospitals and insurance companies, and critical evidence can become harder to obtain over time. Now is the time to put a powerhouse firm on your side.
At Avera & Smith, our Florida medical malpractice attorneys understand the complexity of these cases and have the experience, medical resources, and litigation strategy needed to pursue accountability and full compensation for our clients. We take the time to listen, understand your situation, and provide clear guidance through every stage of the legal process. You are never treated like just another file or case number.
Call 352-372-9999 or contact us online to get started.
By submitting this form, you authorize Avera & Smith to contact you regarding your potential case. Contacting us through this website does not create an attorney-client relationship. See Privacy Policy and Terms of Service.
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