Medical Malpractice
in Sarasota

Your Guide to Doctor Errors, Misdiagnosis, and Medical Justice

Hospitals and clinics in Sarasota, including Sarasota Memorial and other local facilities, are dedicated to providing care, but mistakes can still occur. Misdiagnoses, surgical errors, or medication issues may leave patients facing additional challenges. Florida law outlines certain protections and procedures in these situations, but navigating them can be complex. This guide is intended to help Sarasota residents understand the risks associated with medical care and learn about available community and support resources. For medical treatment or legal concerns, individuals should seek guidance directly from licensed healthcare providers or attorneys.

FEDERAL FACTS ABOUT MEDICAL MALPRACTICE

**FACT ONE: STATUTE OF LIMITATIONS OVERVIEW** – In the United States, the statute of limitations for medical malpractice claims generally ranges from one to three years from the date of injury or discovery, but this varies by state and can include discovery rules allowing additional time if the harm wasn’t immediately apparent, emphasizing the need to act swiftly to avoid barred claims.

**FACT TWO: STATE-BY-STATE VARIATIONS** – As of 2025, states like Alabama, Alaska, Arizona, and Arkansas impose a two-year limit from the injury date, while California extends to three years from injury or one year from discovery; New York allows 30 months from malpractice or end of treatment, and Connecticut caps at three years absolute from the act, with recent reforms in New York potentially adjusting timelines for certain claims.

**FACT THREE: KEY SIGN FOR PATIENTS – UNEXPECTED COMPLICATIONS** – Patients should watch for unanticipated setbacks post-treatment, such as infections, excessive bleeding, or worsening symptoms that deviate from informed recovery expectations, as these often signal a breach in standard care protocols.

**FACT FOUR: ANOTHER RED FLAG – MISSED OR WRONG DIAGNOSIS** – A common indicator arises when symptoms are ignored, tests are skipped, or an incorrect diagnosis leads to delayed or improper treatment, potentially causing further harm like untreated progression of conditions such as cancer or infections.

**FACT FIVE: PREPARING STEP ONE – SECURE MEDICAL RECORDS** – To build a strong case, immediately obtain all relevant medical records, including charts, test results, x-rays, billing statements, and correspondence, as these form the evidentiary backbone proving deviation from care standards and causation of damages.

Maya Kowalski v. Johns Hopkins All Children’s Hospital – $220 million – 2023 – A 10-year-old girl was wrongfully committed and separated from her mother, leading to emotional distress and the mother’s suicide. The case gained massive fame through the Netflix documentary “Take Care of Maya.”

Allan Navarro v. Tampa University Community Hospital – $216.7 million – 2006 – A former basketball player suffered permanent brain damage after his stroke was misdiagnosed as sinusitis by an unlicensed physician’s assistant, resulting in delayed treatment and coma.

Unnamed Plaintiff v. University of South Florida – $109 million (capped due to sovereign immunity) – 2010 – During ovarian cyst surgery, the surgeon cut the patient’s intestine, causing sepsis, gangrene, and amputation of her hands and feet.

Lubben v. Lopez – $100 million – 2024 – Surgical errors during a procedure, involving unlicensed activity and lack of informed consent, led to severe bodily injury.

Chiaka Stewart v. Tampa General Hospital – $70.8 million – 2025 – A woman suffered blindness, paralysis, and cognitive impairments after being discharged from the ER without proper stroke evaluation, despite clear symptoms.

Medical malpractice can be a confusing and intimidating topic for patients. Misconceptions often prevent people from seeking justice or understanding their rights after a medical error. Below, I’ve debunked some of the most common myths based on reliable legal and medical sources. Knowing these facts can empower you to make informed decisions if you suspect negligence. Remember, if you’ve been harmed, consulting a qualified attorney is key—they can evaluate your case without upfront costs in many instances.

Myth: Most medical malpractice claims are frivolous lawsuits filed by greedy patients. Fact: In reality, only a small fraction of medical errors lead to claims, and these suits are far from frivolous. They often stem from genuine harm, and malpractice costs make up less than 3% of U.S. healthcare spending. This myth is perpetuated by insurance companies, but studies show more malpractice occurs than is ever litigated. Patients should know that filing a claim holds providers accountable and can improve overall care standards.

Myth: If a doctor makes any mistake, it’s automatically medical malpractice. Fact: Not every error qualifies as malpractice. You must prove four key elements: the provider owed you a duty of care, they breached the standard of care (what a reasonable professional would do), the breach caused your injury, and you suffered damages. Simple human errors without negligence don’t count. As a patient, document everything—medical records, symptoms, and communications—to build a strong case if needed.

Myth: Signing a consent form means you can’t sue for malpractice. Fact: Consent forms acknowledge known risks of a procedure but don’t protect against negligence, like failing to meet care standards or making avoidable errors. You can still sue if harm results from substandard care. Patients should read forms carefully and ask questions, but know your rights aren’t fully waived.

Myth: Medical malpractice lawsuits are an easy way to get rich quick. Fact: These cases are complex, time-consuming, and hard to win, often taking years with expert testimony required. Awards are meant to cover real losses like medical bills, lost wages, and pain—not windfalls. The median payout is around $400,000, and many cases settle for less. For patients, focus on recovery first; lawsuits are about fairness, not fortune.

Protecting Physicians: Medical Malpractice Insurance and Things for Doctors to Know

Medical malpractice insurance is essential for physicians to safeguard against the financial and professional risks of lawsuits. It covers claims of negligence or errors in care, helping with legal fees, settlements, and judgments. Doctors should understand the basics of this insurance, how to choose it, and broader strategies to minimize lawsuit risks. This knowledge can reduce stress and promote better practice habits. Always consult with insurance experts or attorneys for personalized advice, as laws vary by state.

What is Medical Malpractice Insurance?

Medical malpractice insurance, also known as professional liability insurance, protects physicians from financial losses due to lawsuits alleging negligence in providing medical services. It typically covers defense costs, settlements, and court judgments up to the policy limits. Without it, a single claim could devastate a doctor’s finances and career. Most states require physicians to carry this insurance, and it’s often provided by employers for hospital-based doctors, but independent practitioners need their own policies.

Types of Malpractice Insurance Policies

There are two main types: claims-made and occurrence. Claims-made policies cover claims reported while the policy is active, requiring “tail” coverage for claims after the policy ends (e.g., upon retirement or switching insurers). Occurrence policies cover incidents that happen during the policy period, even if the claim is filed later—no tail needed. Claims-made is more common and often cheaper initially, but tail coverage can add costs.

How to Choose a Malpractice Insurer

Evaluate carriers based on financial stability, claims-handling reputation, and defense quality—look for A.M. Best ratings of A or higher. Consider using a broker for comparisons, as they can shop multiple options without bias. Ask about policy limits (e.g., $1 million per claim/$3 million aggregate), exclusions, and consent-to-settle clauses, which give you a say in settlements. Direct purchase from carriers might save time but limits options.

Factors Affecting Insurance Costs

Premiums vary by specialty (higher for high-risk fields like surgery), location (states with tort reform have lower rates), and claims history. New doctors might get discounts, but expect rates to rise with experience. Shop around annually and consider group policies through medical associations for better rates.

Importance of Tail and Nose Coverage

If switching from a claims-made policy, get tail coverage for past incidents or “nose” (prior acts) coverage from the new insurer. Without it, you’re exposed to uncovered claims. Employers sometimes provide this when you leave, but confirm in writing.