Jacob Gordon · Former Insurance Defense Attorney Florida Medical Malpractice Lawyer

I've defended doctors, nurses, medical practices, and hospitals.Now I represent the patients they harm.

Medical malpractice cases are among the hardest in Florida. The rules are strict, the deadlines are short, and providers have experienced defense teams.

I know how those teams work because I was on them.

Florida personal injury attorney Jacob Gordon

What people say about Jake

AV Preeminent · Martindale    Rising Star · Super Lawyers    Top 40 Under 40 · The National Trial Lawyers    Member · Florida Justice Association

Florida medical malpractice law in plain English.

Florida law

The standard of care

You must prove the provider fell below what a reasonably careful provider in the same field would have done, and that it caused your injury. Fla. Stat. § 766.102

Florida law

Presuit requirements

Before filing, you must investigate, get a corroborating opinion from a qualified medical expert, and serve a notice of intent. The provider then has 90 days to investigate. Fla. Stat. § 766.106 § 766.203

Florida law

Short deadlines

Generally two years from when the injury was or should have been discovered, and no more than four years from the incident, with limited exceptions. Fla. Stat. § 95.11

Florida law

Fault is shared, but over 50% bars you

Your recovery is reduced by your share of fault. If you are found more than 50% at fault, you recover nothing. Fla. Stat. § 768.81

Florida law

Who can recover in a medical malpractice death case

Florida bars adult children (25 and older) from recovering for their own loss of companionship and pain and suffering when a parent dies from medical negligence. Parents of an adult child are barred too. This rule applies only to medical malpractice. I’ll tell your family up front who can recover, so there are no surprises. Fla. Stat. § 768.21

Florida law

Common cases

Surgical errors, misdiagnosis and delayed diagnosis, medication errors, birth injuries, anesthesia errors, and hospital and nursing negligence.

How my defense experience helps you.

I know how the defense reads a chart. Defense lawyers look for one thing: a way to say the outcome was a known risk, not an error. I know how they build that argument from the medical records. I review your records the same way, so we know where the case is strong before we file.

I know the presuit traps. Florida requires an investigation, a qualified medical expert’s sworn opinion, and a formal notice before you can sue. A missed step can sink a valid case. I’ve seen defense lawyers win on technicalities. I make sure your case doesn’t give them one.

I know who to look at. Doctors, nurses, hospitals, surgical centers, practices, and staffing companies can all share responsibility. Hospitals often argue a doctor wasn’t their employee. I know how to answer that. Every responsible party found is more money available to you.

I’ll tell you the truth. Not every bad outcome is malpractice. I’ll give you an honest assessment up front, and if I take your case, I handle it personally.

20
Jury trials
500+
Litigated cases
10 yrs
Practicing in Florida since 2016
<10%
Of lawyers earn Martindale AV Preeminent

What to do.

Steps that protect your claim.

Step 1

Request a full copy

Request a full copy of your medical records.

Step 2

Write down a timeline

dates, providers, what you were told.

Step 3

Keep bills, prescriptions, and

Keep bills, prescriptions, and discharge papers.

Step 4

Don't post about it

Don’t post about it on social media.

Step 5

Call me early

Presuit takes time and the deadline does not wait.

Meet with me.

My office is on North Dale Mabry in Carrollwood. You don’t have to come to me. I’ll meet you at the office, at your home, or at the hospital. Most clients handle everything by phone, text, and email.

Bring what you have: photos, the exchange form, insurance letters, medical bills. It doesn’t need to be organized. That’s my job.

Call or text me at (813) 547-4707.

What your claim can include

  • Medical bills, past and future
  • Lost wages and lost earning ability
  • Pain and suffering
  • Cost of corrective treatment and long term care

Contact Jacob Gordon Injury Law for a free case review

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    Medical malpractice FAQs.

    That’s the right question. I review the records and tell you honestly. If the care met the standard, I’ll say so.

    Usually two years from discovery and no more than four years from the incident. Presuit eats into that, so act early.

    Yes. Florida requires a qualified medical expert’s opinion before you can file. I handle that.

    If you are 25 or older, Florida law bars you from recovering for your own pain and suffering in a medical malpractice death case. The estate may still have a claim. I will tell you honestly what is recoverable.

    Nothing unless we win. My fee and case costs come out of the recovery. If there is no recovery, you owe nothing.

    Harmed by a provider? Get the lawyer who used to defend them.

    Every case is handled by me. Not assistants, case managers, or call centers.

    Helpful resources