The Top 3 Types of Medical Malpractice Claims in Florida: What Families Need to Know in 2026

Trust is the foundation of the patient-provider relationship. When you walk into a hospital in St. Augustine or a specialty clinic in Ponte Vedra, you trust that the years of training behind those white coats will protect you. However, current data from the Agency for Healthcare Research and Quality (AHRQ) and the 2025 National Practitioner Data Bank (NPDB) suggests that medical errors remain a persistent crisis. In fact, diagnostic errors alone contribute to nearly 800,000 cases of death or permanent disability in the U.S. every year.

In Florida, the legal landscape for medical negligence is shifting rapidly. As we navigate the 2026 legislative session, victims of medical errors face unique challenges. Understanding the most common types of malpractice is the first step in protecting your family’s future.

1. Diagnostic Errors: The “Silent” Threat

Misdiagnosis or delayed diagnosis is the leading cause of medical malpractice claims in Florida, accounting for roughly 25-30% of all filings. Unlike a surgical slip, a diagnostic error is often an error of omission—a failure to see what is clearly there or a failure to order the necessary follow-up tests.

The Impact of “Quick Reads” and Teleradiology

In an era of high-volume healthcare, the use of remote diagnostic services has increased the risk of oversight. A critical example surfaced in April 2025, when a Florida jury awarded $15.5 million to the family of David Bochenek.

In that case, a teleradiologist spent only five minutes reviewing complex CT scans. He misread the images as “normal,” leading hospital staff to remove the patient’s protective neck brace. Because the spine was actually fractured, the movement rendered Mr. Bochenek a quadriplegic. You can read the detailed breakdown of this landmark $15.5 million misdiagnosis verdict here.

Another massive diagnostic failure was seen in September 2025, where a Hillsborough County jury awarded $70.8 million (Stewart v. TeamHealth) after an ER failed to diagnose a stroke in a 38-year-old woman, despite her presenting with “the worst headache of her life.” You can find the details of the $70.8 million stroke verdict here.

2. Surgical Errors: When Precision Fails

While Florida requires a strict “pre-suit investigation” process, surgical errors remain a frequent driver of litigation on the First Coast. These are often classified as “Never Events”—mistakes that, with proper safety protocols, should never occur.

Common Surgical Mistakes in Florida (2025-2026):

• Wrong-Site Surgery: Operating on the incorrect limb or organ. A high-profile Florida case in late 2024 involved a surgeon removing a healthy ureter instead of an appendix.
• Retained Foreign Objects: Sponges or instruments left inside the body cavity. In January 2025, a jury awarded $16.75 million in a case where a 13-inch metal retractor was left inside a patient for 58 days.
• Anesthesia Negligence: In February 2025, a Florida jury awarded $13.75 million to the family of Bennie Moore after an excessive dose of anesthesia during a diagnostic procedure led to a fatal brain injury.

3. Medication Errors: A Rising Risk in 2026

Medication-related harm affects approximately 1 out of every 30 patients in healthcare settings. In 2026, the complexity of drug interactions and the increased reliance on automated systems has led to a false sense of security among hospital staff.

How These Errors Happen:

• Dosage Mistakes: Administering ten times the required amount of high-alert medications like Heparin or Insulin.
• Communication Breakdowns: According to AHRQ, communication failures contribute to 60-70% of all serious medical errors. This often happens during “hand-offs” between shifts in the ICU.
• Look-Alike/Sound-Alike Drugs: Providing the wrong medication because the packaging or name is nearly identical to another drug.

📊 2026 Legal Spotlight: The Repeal of the “Free Kill” Law

The “value” of a medical malpractice claim in Florida is currently tied to a controversial 1990 law. Under Florida Statute § 768.21(8), if an unmarried adult over age 25 dies due to medical malpractice, their parents and adult children are barred from recovering “pain and suffering” damages.

As of February 2026, the Florida House has again passed HB 6003 with an overwhelming 88-17 vote to repeal this provision.

The Status: The bill has moved to the Senate. If signed into law, it will finally allow families to seek full justice for their lost loved ones, regardless of the victim’s age. This repeal would significantly increase the settlement value of wrongful death cases, as insurance companies would no longer have an “automatic discount” on certain lives.

⚖️ How Travieso McLeod Can Help

Navigating a medical malpractice claim in Florida is not something you should do alone. Florida law (Chapter 766) is designed to be a “minefield” for victims, requiring expensive expert affidavits and strict notice periods before a lawsuit can even begin.

At Travieso McLeod, we proudly serve Florida’s First Coast communities with a deep commitment to accountability. We have the financial resources to hire world-class medical experts—the same level of expertise used in cases like the $70.8 million verdict in Hillsborough County. We understand the nuances of local medical systems and are prepared to stand against large hospital groups.

If you suspect that a medical mistake has changed your life or the life of a loved one, we are here to provide a clear, objective assessment of your case. We handle the heavy lifting of the pre-suit investigation so you can focus on your recovery. Contact Travieso McLeod today for a confidential consultation or give us a call at (904) 204-3013.

References for Further Reading:

• AHRQ – 2024 Diagnostic Safety Tools & Statistics
• Florida House of Representatives – HB 6003 (2026 Session)
• Florida Statute § 768.21 – Damages in Wrongful Death