Percy Martinez Medical Malpractice Lawyers

Why is your acceptance rate only 1 in 10?

Florida § 766.203 requires a sworn physician affidavit before any malpractice case can proceed. Most firms file first and find a doctor later, we get the affidavit first. If the medicine doesn't support the claim, no amount of legal effort will change that. Saying no early respects your time.

What's the deadline to file a medical malpractice claim in Florida?

Two years from the date of the incident, or from when you reasonably should have discovered the harm. Birth-injury claims involving infants extend to the child's 8th birthday. The statute of repose caps everything at 4 years. Don't wait, evidence preservation is time-critical.

What are the damages caps in Florida medical malpractice?

Caps may apply only in voluntary arbitration ($250,000 per claimant under § 766.207, and only if the defendant agrees to arbitrate). No general non-economic cap is currently enforceable in Florida medical malpractice. A new statutory cap in the $200,000 to $300,000 range is being litigated but has not been decided. Economic damages (lifetime medical, lost wages, and the value of services the patient provided their family, including childcare and household support) are uncapped. We argue the cap question on every case.

Do you handle cases against AI-driven diagnostic tools?

Yes. We accept these cases when the facts support them. The legal theory is traditional malpractice (the physician's reliance on a model output as a deviation from the standard of care) and, where appropriate, a product-liability theory against the AI vendor. The work turns on audit logs, override records, and timing.

What does it cost to hire you?

Nothing upfront. Contingency: 33 1/3% of recovery before trial, 40% if a lawsuit is filed. If we don't recover, you owe us zero, including the cost of expert witnesses, which we front.

Will I have to go to trial?

Most cases settle. But our willingness to take a case to trial, combined with our § 766.203 pre-acceptance screening, is what drives settlement value up. We accept roughly 1 in 10 inquiries, and from 2015 through 2026, we have obtained a recovery for every client we've represented. Past results do not guarantee a similar outcome in your case.