Hospital Infections in Florida
Average Settlement: $250,000 - $700,000 | Statute: 2 years from the date the malpractice was or should have been discovered
About Hospital Infections
Hospital-acquired infections, also known as nosocomial infections, occur when patients contract infections during the course of receiving treatment in a healthcare facility. These infections are often caused by failures in hygiene protocols, improper sterilization of equipment, or inadequate infection control measures. Hospital infection malpractice cases require demonstrating that the facility deviated from accepted infection prevention standards, directly causing the patient's infection and resulting harm.
Florida Medical Malpractice Laws
Statute of Limitations
2 years from the date the malpractice was or should have been discovered
Damage Cap
No cap (caps struck down as unconstitutional in 2017 by the Florida Supreme Court)
Discovery Rule
Florida applies a broad discovery rule, but imposes a 4-year statute of repose from the date of the incident (extended to 7 years in cases of fraud, concealment, or misrepresentation).
Pre-Filing Requirements
Plaintiffs must conduct a pre-suit investigation and serve a notice of intent to initiate litigation at least 90 days before filing. A verified expert medical opinion corroborating the claim is required.
Common Examples of Hospital Infections
- •Surgical site infections due to non-sterile operating conditions
- •Central line-associated bloodstream infections (CLABSIs) from improper catheter insertion or maintenance
- •Catheter-associated urinary tract infections (CAUTIs) from prolonged or unnecessary catheter use
- •MRSA or C. difficile infections spread through poor hand hygiene or contaminated surfaces
- •Ventilator-associated pneumonia from inadequate respiratory equipment care
- •Post-operative wound infections caused by failure to administer prophylactic antibiotics
Key Facts
- ✓The CDC estimates that approximately 1 in 31 hospital patients has at least one healthcare-associated infection on any given day
- ✓Hospitals are required to follow evidence-based infection prevention bundles, and failure to do so can constitute negligence
- ✓Infection control committee records, staff training logs, and hand hygiene compliance audits are discoverable evidence in these cases
- ✓Proving causation is often the most challenging element, as defendants may argue the infection would have occurred despite proper precautions
- ✓CMS publicly reports hospital infection rates, and facilities with rates significantly above the national baseline face stronger liability exposure
- ✓Some states have enacted specific hospital infection disclosure laws that require facilities to report infection data, which can be used as evidence
- ✓Florida's damage caps were ruled unconstitutional in Estate of McCall v. United States (2014, wrongful death) and North Broward Hospital District v. Kalitan (2017, personal injury).
- ✓Florida requires a mandatory pre-suit investigation period of 90 days, during which both parties must cooperate with informal discovery.
- ✓The state follows a modified comparative negligence standard with a 51% bar (amended in 2023 from pure comparative negligence).
- ✓Expert witnesses must be licensed, have active clinical practice, and specialize in the same or similar area as the defendant.
- ✓Punitive damages are capped at the greater of $500,000 or three times the compensatory damages.
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This information is for educational purposes only and is not legal advice. Consult a licensed medical malpractice attorney in Florida.