Questions and answers.

Adults who have concerns about medical care they received, or care a child or family member received, and who want to speak with a medical malpractice attorney about it.

Concerns about a diagnosis, surgery, hospital or emergency care, a birth, or a medication. You can also choose “not sure.” You don’t need to know what went wrong. See our guide to medical malpractice.

Six short steps: where the care took place and who it’s about, what your concern is, how it affected you, a little context (like whether you already have a lawyer), how to reach you, and a final review where you choose whether to share. See how it works.

Yes. Deadlines vary by state, and some rules depend on when a problem was discovered. Don’t assume it’s too late, or that there’s plenty of time. An attorney can tell you which deadlines apply. For Florida, see Florida law below.

If the care took place in Florida, usually yes. You can live in most other states. For now, we can’t accept requests from people who live in California, Colorado, Connecticut, New Jersey, New York, Texas, or Washington, because of laws that protect consumers there. If the care took place outside Florida, we don’t cover that area yet. We’ll tell you before you share any details, and point you to your state bar’s lawyer referral service. See where we operate.

Generally, feeling dismissed or rushed isn’t medical malpractice by itself. If a doctor’s failure to take symptoms seriously led to a missed or delayed diagnosis that caused harm, an attorney can look at whether the care fell below the accepted standard. It can help to write down when symptoms were raised and what was said. See misdiagnosis and delayed diagnosis.

Yes, usually as part of the harm. Pain, suffering, and mental anguish are commonly part of the damages when substandard care caused an injury, alongside physical harm and financial losses. A claim based on emotional distress alone, without an injury caused by the care, is treated differently and the rules vary by state, so ask an attorney.

Request a complete copy of your records now, keep your own notes of what happened and when, and tell an attorney what you believe is wrong. In Florida, if fraud, concealment, or intentional misrepresentation kept you from discovering an injury, the filing deadline can be extended, but never beyond 7 years after the incident except for some claims on behalf of children (Fla. Stat. § 95.11(5)(c)). Don’t rely on that extension. Speak with an attorney promptly.

Usually 2 years. A Florida medical malpractice lawsuit generally must be filed within 2 years of when the incident happened, or within 2 years of when it was discovered or should have been discovered. In any case, it must be filed no later than 4 years after the incident, with exceptions for children and for concealment (Fla. Stat. § 95.11(5)(c)). Required presuit steps affect the timing, so speak with an attorney well before any deadline. See our guide to Florida medical malpractice deadlines.

It can be. Florida’s 4-year outer limit doesn’t bar a claim brought on behalf of a child on or before the child’s 8th birthday (Fla. Stat. § 95.11(5)(c)). The 2-year limit that runs from when the injury was discovered can still apply, so don’t wait until a child is older to speak with an attorney.

In some situations. A claimant can get an automatic 90-day extension by filing a petition with the clerk of court, which gives time for the investigation Florida requires before a lawsuit (Fla. Stat. § 766.104(2)). The deadline is also paused while the required presuit notice period runs (§ 766.106(4)). These rules are technical and strict, so let an attorney handle them.

Florida requires a presuit process. The patient’s side must investigate and get a verified written opinion from a qualified medical expert that supports the claim (Fla. Stat. § 766.203(2)). They then send a notice of intent to each provider involved. A lawsuit can’t be filed until 90 days after that notice is delivered, while the provider and its insurer review the claim (§ 766.106(2)–(3)).

Florida limits what they can recover. In medical negligence cases, children who are 25 or older can’t recover for lost companionship or for their own pain and suffering when a parent dies. Parents can’t recover for their pain and suffering when an adult child dies (Fla. Stat. § 768.21(8); § 768.18(2)). Other losses, such as medical or funeral expenses a family member paid, may still be recoverable, so it’s worth speaking with an attorney.

Ask how many medical malpractice cases like yours they’ve handled, whether they’ve taken cases to trial, who will work on your case day to day, how they’ll keep you updated, and what they need from you next. In Florida, you can confirm a lawyer’s license and public discipline history in The Florida Bar’s lawyer directory. See finding a medical malpractice attorney in Florida.

You can represent yourself, but medical malpractice is one of the hardest kinds of case to bring alone. State expert-opinion and notice rules still apply to you. In Florida, you would still need a verified written opinion from a qualified medical expert before filing, and you would have to follow the presuit notice rules and strict deadlines. In Arizona, a preliminary expert opinion affidavit is generally required when expert testimony is needed (A.R.S. § 12-2603). It’s worth speaking with an attorney first, even if you decide not to hire one.

First, get the care you need now, from another provider if you prefer. Then write down what happened while it’s fresh: dates, names, and what you were told. Request copies of your medical records, and keep bills, prescriptions, discharge papers, and anything you were given. Be careful about posting details online. Then speak with an attorney about whether the care fell short and which deadlines apply.

Ask the provider’s medical records office in writing. In every state, federal HIPAA rules give you a right to a copy of most of your records, generally within 30 days of your request (45 C.F.R. § 164.524). State laws can add to that. Florida, for example, requires doctors and other licensed practitioners to give you copies of your records, including X-rays, in a timely manner and without delays for legal review (Fla. Stat. § 456.057(6)).

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Tell us, and we’ll review whether that firm should keep participating. You can also raise concerns about an attorney’s conduct with the state bar that licenses them. In Florida, that’s The Florida Bar.