How To Sue An Emergency Room In Florida?

Gregg Hollander | December 17, 2025 | Uncategorized

People often ask me, “How to sue an emergency room?” What they are really asking is how to hold a hospital accountable for negligence that occurred in the ER.

Who Do You Actually Sue?

You do not sue the “emergency room” as a physical location. In Florida, ER malpractice claims usually involve:

  • The hospital that operates the emergency department
  • The emergency physician group or individual ER doctors
  • Sometimes nurses or other providers whose conduct contributed to the harm

The process is more complex than a typical car accident or slip and fall claim.

Which Are The Four Phases Of A Medical Malpractice Lawsuit?

I think of Florida medical malpractice cases as unfolding in four broad phases, which raises the question many clients ask at the outset: “Which are the four phases of a medical malpractice lawsuit?”

Phase 1: Investigation And Screening

  • Obtain all relevant medical records, including ER notes, imaging, lab results, and follow up records
  • Have my team, including on staff nurses, review the file
  • Decide whether the case meets our internal criteria and passes the “smell test”

Many potential cases end here because the negligence is not clear, the damages are not sufficient, or the outcome would have been the same even with perfect care.

Phase 2: Expert Review And Presuit Notice

Florida law requires us to:

  • Locate qualified expert witnesses, usually highly credentialed physicians in the same specialty
  • Have them review the records
  • Obtain a sworn affidavit stating there are reasonable grounds to believe malpractice occurred

Only then can we send a Notice of Intent to Initiate Litigation for Medical Malpractice to the hospital and providers. That notice triggers a mandatory 90 day presuit investigation period.

During those 90 days:

  • We cannot file a lawsuit yet
  • Both sides can informally exchange information, similar to discovery
  • The hospital and its insurers evaluate the claim and decide how to respond

Phase 3: Filing The Lawsuit And Discovery

If the case is not resolved during presuit, and our experts remain supportive, we file the lawsuit in court.

Formal discovery follows. This includes:

  • Written questions and requests for documents
  • Depositions of the patient, family members, treating doctors, and defendants
  • Depositions of expert witnesses on both sides

This phase can take a long time, especially when scheduling busy physicians and experts.

Phase 4: Resolution – Settlement Or Trial

Once discovery is substantially complete, serious settlement negotiations usually begin. Many strong cases resolve at this stage, often with confidentiality clauses.

If settlement does not occur, the case proceeds to trial. Trials in medical malpractice are comparatively rare because the risk, cost, and stress are high for everyone involved.

Medical Malpractice How Long Do They Take?

Medical malpractice cases are the marathon of civil litigation. It is very unusual to resolve a Florida med mal case within a year or even two. Most take significantly longer, especially complex hospital and ER cases. So when people ask, “Medical malpractice how long do they take?” the honest answer is that it depends, but you should expect a multi year process.

Clients need to understand that at the outset. If you pursue an ER malpractice case, you are signing up for a lengthy process that requires patience and realistic expectations.

Talk With a Florida Emergency Room Malpractice Lawyer About Your Options

If you believe negligence occurred during emergency room care, it is normal to have questions. Who is legally responsible? What proof is required? How long will the process take, and is the case worth pursuing under Florida law? You do not have to sort that out on your own. The next step is a careful review of the ER records, timelines, and outcomes, followed by expert analysis when appropriate.

Hollander Law Firm Accident Injury Lawyers helps patients and families determine whether an ER mistake was an unavoidable complication or preventable negligence that meets Florida’s strict medical malpractice requirements. We explain the process, the risks, and the realistic timeline during a free consultation so you can make an informed decision about how to move forward.

Contact Our Florida Medical Malpractice Lawyers

Hollander Law Firm Accident Injury Lawyers Boca Raton Office
7000 W Palmetto Park Rd #500
Boca Raton, FL 33433
(561) 510-7892

Hollander Law Firm Accident Injury Lawyers Fort Lauderdale Office
200 S.E. 6th Street #203
Fort Lauderdale, FL 33301
(954) 287-0566

Hollander Law Firm Accident Injury Lawyers West Palm Beach Office
319 Clematis St #203
West Palm Beach, FL 33401
(561) 556-7873