Medical Malpractice Attorneys Melbourne, FL: Helping Injured Patients Throughout Brevard County
Our medical malpractice attorneys in Melbourne, FL, help victims ensure medical professionals are held accountable when negligent care causes harm. This typically means failing to diagnose and allowing medical conditions to progress, making surgical mistakes, or making medication errors that shouldn’t have happened.
Our medical negligence lawyers provide representation for injured patients in Melbourne and the surrounding Space Coast communities. While our attorneys aim to maximize compensation for victims through skilled negotiation, Platt Cole Russell & Simpson PLLC is a trial-ready law firm. Our access to quality medical experts and proven track record in litigation helps ensure insurers take our clients’ demands for full compensation seriously.
Medical malpractice cases are complex and often vigorously defended by insurers. They pit victims against hospitals, insurers, and legal teams with significant resources, while the state imposes strict deadlines that can permanently bar claims if they’re missed.
For a free consultation with a Melbourne medical malpractice lawyer, call 321-725-3425 or use our online contact form.
Common Types of Medical Malpractice Cases Our Law Firm Handles
What Constitutes Medical Malpractice in Florida?
This page is meant to help victims understand medical malpractice: how it’s legally defined and when it happens.
Medical malpractice occurs when a medical professional- a doctor, surgeon, nurse, anesthesiologist, radiologist, or hospital system- fails to meet the professional standard of care, and that conduct directly causes a patient’s injury or death.
The standard of care is what another medical professional in the same specialty would have done under similar circumstances. A bad medical outcome alone doesn’t constitute malpractice. What matters is whether the conduct fell below the professional standard of care and whether a serious breach caused harm.
Florida malpractice cases are governed by Chapter 766. This imposes rules that don’t apply in standard personal injury claims, including mandatory pre-suit investigations, medical expert opinions, and formal notice of intent before victims can pursue medical malpractice lawsuits.
These rules make medical malpractice cases filed in the Eighteenth Judicial Circuit one of the most complex forms of civil litigation.
Determining whether negligence occurred requires a careful review of medical records, treatment decisions, and clinical standards by qualified experts. If you believe a provider’s error caused your injury, an experienced Melbourne medical malpractice attorney can evaluate your case and advise you on whether you have reasonable grounds to pursue a claim. We provide free case evaluations to determine potential negligence in medical malpractice cases
Misdiagnosis & Failure to Diagnose Medical Conditions
A misdiagnosis lawyer in Melbourne, FL, can help victims who sustained serious injury because a medical professional missed, delayed, or incorrectly identified a condition. Misdiagnosis is the most common type of medical error, accounting for ~38% of all outpatient filings. The “big three” describe conditions that have catastrophically bad outcomes when a doctor fails to diagnose:
- 37.8% cancer misdiagnosis: lung, colorectal, breast, and skin cancer
- 22.8% failure to diagnose vascular events: stroke, heart attack, pulmonary embolism, aortic aneurysm, heart disease
- 13.5% missed infections: sepsis, spinal epidural abscess, pneumonia, meningitis
A delayed diagnosis can mean the difference between early treatment and late intervention with significantly worse outcomes, or no treatment window at all.
Radiology mistakes, including rushed teleradiology reads where complex imaging receives only minutes of review, are a growing driver of delayed diagnosis and failure to diagnose claims.
Surgical Errors
“Never events” describe common surgical errors, like wrong-site surgery and retained surgical instruments, that are preventable but widespread forms of medical negligence:
- Wrong Site, Procedure, & Patient Error (WSPE): operating on the wrong part of the body, incorrect operations (no preparation and no informed consent), and operating on the incorrect patient altogether
- Retained surgical instruments: typically plastic or surgical sponges left inside the body
- Lacerations or perforations: usually bowel, bile duct, or lung
- Orthopedic negligence: cutting nerves, improper hardware placement, and compartment syndrome
Holmes Regional Medical Center scored worse than average for retained instruments, surgical wounds split open, blood leakage, and post-operation kidney injury.
Our Melbourne surgical error attorney team represents victims who are injured and families who have lost loved ones because the surgeon departed from the professional standard of care
Medication Errors
Medicine errors can happen at any point:
- doctors prescribing the wrong medication or dosage or failing to account for dangerous interactions or known allergies
- pharmacy dispensing mistakes
- nurses not administering medicines according to doctor’s orders
Holmes Regional Medical Center and Orlando Health Melbourne Hospital both scored worse than average on “communications about medicines.”
Our Melbourne medication error attorneys commonly see the following medicines in cases:
- anticoagulants and blood thinners
- opioids (after operating, in ERs, or through improperly programmed PCA pumps)
- insulin
- antibiotics
- cardiovascular and blood pressure medicine
Birth Injuries, OBGYN Negligence, & Maternal Death
Birth injuries can result from medical malpractice occurring during pregnancy, labor, or delivery. The most common forms include:
- Oxygen deprivation during delivery: often leads to brain injury claims from conditions presenting as cerebral palsy or HIE
- Excessive force or improper use of forceps and vacuum extractors: can cause Erb’s palsy, facial nerve paralysis, infant skull fractures, caput succedaneum, or cephalohematoma.
Our Melbourne birth injury attorney team also commonly represents injured patients in medical malpractice cases involving failure to monitor fetal distress, perform a timely C-section, treat rising bilirubin levels before kernicterus develops, recognize warning signs of maternal infection or critical conditions, and more.
Under “Tony’s Law,” under specific circumstances, birth injury claims can be paused until the child’s eighth birthday in Florida.
Anesthesia Errors
Our Melbourne anesthesia injury lawyers represent victims when anesthesiologists cause serious personal injuries or fatalities. Anesthesia errors commonly lead to brain damage or cardiac arrest. They also can result in nerve injury, loss of awareness during procedures, or fatalities. Anesthesiologists earn exponentially more than other medical professionals because mistakes in extremely low-margin work can result in catastrophic outcomes.
Emergency Room Negligence
Orlando Health Melbourne and Holmes Regional Medical Center both scored worse than average on “communications about discharge.” While a crucial problem, ER negligence embodies a full range of cases:
- Triage errors: leaving critically ill or injured patients waiting while their health deteriorates
- Testing and transfer failures: Failing to order adequate tests, correctly interpret EKG data, or request emergency specialist consults or transfer to a better-equipped facility
- “Patient dumping“: practice of turning away, prematurely discharging, or transferring low-income, uninsured, or vulnerable people before vital signs or conditions stabilize due to low government reimbursement rates.
A Melbourne medical malpractice lawyer can help injured patients seek compensation through malpractice claims when emergency room failures cost a person the chance at timely care.
Hospital-Acquired Infections (HAI)
Preventable hospital-acquired infections are federally tracked. Surgical site infections, catheter-associated urinary tract infections (CAUTIs), and central line-associated bloodstream infections (CLABSIs) are the most common and preventable HAIs.
Our Brevard County hospital negligence lawyer can review various reports from CMS Care Compare and the Leapfrog Group to help prove that HAIs are a result of systemic healthcare system issues.
Failure to Obtain Informed Consent
Healthcare providers must disclose risks, benefits, and alternatives before performing procedures. If you suffered harm you didn’t provide informed consent for or lost a loved one to a complication you weren’t warned about, a Melbourne medical malpractice lawyer can potentially help you bring a claim.
Pediatric Malpractice
Children’s malpractice claims typically involve misdiagnosis, surgical errors, or medication mistakes. Our Melbourne pediatric malpractice attorneys represent parents of children who suffered due to medical negligence. Holmes Regional Medical Center is the sole facility in the county specifically equipped and staffed for pediatric emergencies. When care falls short of the standard, the consequences can be severe.
Medical Malpractice Wrongful Death
Orlando Health Melbourne ranks worse than average on “death from treatable complication.”
When medical negligence results in a patient’s death, certain family members may pursue a wrongful death claim alongside or instead of a medical malpractice lawsuit. A Melbourne medical malpractice lawyer can help seek compensation for medical expenses, funeral costs, lost financial support, and loss of companionship and guidance.
Brevard County Healthcare Facilities
Medical malpractice occurs across all clinical settings: hospitals, urgent care centers, emergency rooms, outpatient surgical facilities, physician offices, rehabilitation centers, nursing homes, imaging centers, specialty practices, mental health facilities, behavioral therapy centers, etc.
Major healthcare facilities in the Brevard County area include:
- Holmes Regional Medical Center
- Viera Hospital
- Palm Bay Hospital
- Cape Canaveral Hospital in Cocoa Beach
- Orlando Health Melbourne Hospital
- Parrish Medical Center in Titusville
- Kindred Hospital Melbourne
- Sea Pines Rehabilitation Hospital
- Circles of Care
- Devereux Advanced Behavioral Health
- University Behavioral Center
- Surgery Center of Viera
- Brevard Surgery Center
- Titusville Center For Surgical Excellence
- ASC of Brevard
How Do I Sue for Malpractice in Florida: Laws Affecting Malpractice Lawsuits in the Space Coast Region
How Long Do You Have to File a Medical Malpractice Claim - Florida Statute of Limitations
- You have two years to file a malpractice lawsuit under Florida law. The statute of limitations starts from the date the victim discovered or should have reasonably discovered the injury and possible cause.
- Florida has a four-year absolute limit for malpractice claims. This is the absolute deadline regardless of when the injury was discovered.
Exceptions to the Florida Statute of Limitations:
- The seven-year discovery rule provides an exception for medical malpractice cases involving fraud, concealment, or intentional misrepresentation of fact by medical professionals.
- Parents may have until the child’s eighth birthday to pursue birth injury claims in rare situations.
Additionally, under Florida Law HB 145, effective October 1, 2026, there is a separate statute of limitations for claims against government healthcare facilities: a two-year deadline without the separate four-year repose period.
Notice of Intent to Initiate Litigation in Florida Malpractice Cases
Florida requires a 90-day pre-suit investigation period before filing malpractice claims.
The claimant must first conduct a pre-suit investigation and obtain a verified written medical expert opinion confirming the claim has merit. The plaintiff must serve a Notice of Intent to Initiate Litigation on the medical professional, which tolls the statute of limitations for 90 days while the healthcare provider investigates and responds with an acceptance, rejection, or settlement offer.
If injured patients or families skip any steps in the process, courts can dismiss the action regardless of merit.
What is the Malpractice Cap in Florida?
Florida has no caps on economic and non-economic damages in malpractice cases. The Florida Supreme Court struck down non-economic damage caps for wrongful death in Estate of McCall v. United States and then caps on personal injury claims in North Broward Hospital District v. Kalitan.
This means juries can award full compensation for both economic and non-economic damages without statutory caps.
Medical Expert Opinion & Expert Witness Requirements
Florida law requires expert testimony to establish the standard of care, how it was breached, and how the failure caused the patient’s injury. Experts must be licensed medical professionals with the same specialty, training, and experience as the defendant.
How Do You Prove Medical Malpractice in Florida?
Proving medical malpractice cases filed in Florida courts is a complex process. Your Brevard County medical malpractice lawyer must establish:
- Duty of care: A healthcare provider-patient relationship existed, creating a responsibility to provide competent care
- Breach of duty: The medical professional failed to meet the standard of care for their specialty
- Causation: The breach directly resulted in the patient’s injury
- Damages: The patient suffered actual, measurable harm
Medical record review by experts who understand medical malpractice is a crucial first step for evaluating whether a claim exists. The burden of proof is on the patient (plaintiff).
Compensation For Negligent Medical Care in Brevard County
Florida law allows compensation for economic and non-economic damages. Our Melbourne medical malpractice lawyers calculate damages in medical malpractice claims so clients understand and secure the full value of what they’re owed.
Economic damages include medical expenses and lost wages. This covers:
- Past and future medical expenses
- Current lost wages and future loss of earning capacity
- Cost of long-term or lifetime care for catastrophic injuries
Non-economic damages cover pain and suffering and emotional distress. This includes:
- Mental anguish
- Loss of enjoyment of life
- Loss of consortium (for spouses)
- Scarring and disfigurement
Wrongful death damages include:
- Survival action damages (the deceased’s pain and suffering)
- Funeral and burial costs
- Loss of financial support, companionship, and guidance
Why Families Across the Space Coast Trust Our Melbourne Medical Malpractice Attorneys
Platt Cole Russell & Simpson PLLC has served Brevard County for over 20 years. Medical malpractice claims are led by skilled trial attorneys Jack L. Platt and Kurt A. Russell, who develop legal strategies to demonstrate negligence and bring decades of court experience to every case.
Access to qualified medical experts is essential for winning malpractice cases, as they’re engaged to testify on provider negligence. Our firm works with qualified medical experts across specialties to build evidence-driven cases, and we prepare every claim for trial, which strengthens settlement leverage long before a courtroom date. Malpractice cases often take one to three years to resolve, so lawsuits require substantial upfront financial resources for litigation.
Our Melbourne malpractice attorneys work on a contingency-fee basis, absorbing the costs. This means clients pay nothing unless we recover compensation on their behalf.
Our clients consistently describe our legal team as knowledgeable, compassionate, and relentless advocates. We encourage victims to read about our clients’ testimonies and experiences.
Malpractice Law Firm Serving Brevard County
Our Melbourne office at 175 East NASA Blvd, Suite 300 puts us centrally within reach of clients throughout the Space Coast.
We provide legal representation for injured patients in Melbourne, West Melbourne, Melbourne Beach, and Eau Gallie; in Palm Bay, Brevard’s largest city by population; in Cocoa, Cocoa Beach, and Merritt Island; in Rockledge; in Satellite Beach, Indian Harbour Beach, and Indialantic along the barrier island; in Titusville and northern Brevard near Kennedy Space Center; and in the southern Brevard communities of Malabar and Grant-Valkaria.
We also serve clients in Sebastian and Vero Beach in neighboring Indian River County.
Our medical malpractice attorneys in Melbourne, FL, understand both Seminole and Brevard County court systems, with hundreds of cases filed in the 18th Judicial Circuit Court.
What to Do If You Suspect Medical Malpractice in Brevard County
- Request your complete medical records. Florida law requires medical professionals to furnish copies within a reasonable time of a written request.
- Document everything. Keep a detailed record of your symptoms, appointments, medications, out-of-pocket costs, and missed work.
- Do not sign releases or give recorded statements to the defendant’s insurer or risk management department without first having a medical malpractice attorney review your records.
- Contact a medical malpractice lawyer promptly. Florida’s two-year statute of limitations begins running when you discover the injury, and the mandatory pre-suit process adds months before a lawsuit can even be filed.
- Don’t wait. Evidence degrades, witnesses become unavailable, and records can be altered or lost. The earlier an attorney can begin gathering evidence and reviewing your case, the stronger your claim will be.
Contact our Melbourne office or call 321-725-3425 for a free consultation.
Frequently Asked Questions About Negligent Medical Care in Melbourne, FL
Who can sue for medical malpractice in Florida?
Anyone who was injured by a doctor, hospital, nurse, or other healthcare provider may be able to bring a medical malpractice lawsuit. If the patient dies as a result of medical negligence, the personal representative of the patient’s estate may bring a claim on behalf of eligible surviving family members. Whether you have the right to sue depends on the specific facts of the case.
How much does a Melbourne medical malpractice lawyer cost?
Platt Cole Russell & Simpson PLLC handles medical malpractice cases on a contingency fee basis. You owe no upfront fees or costs. The firm is only paid if it recovers compensation on your behalf through a settlement or verdict.
Can you sue a hospital for negligence in Florida?
Yes, hospitals, surgical centers, and other facilities can be held accountable for negligence committed by their employees (such as nurses, technicians, and staff physicians) under vicarious liability. In some cases, a hospital may also be directly liable for negligent credentialing, inadequate staffing, or unsafe facility conditions.