Medical Malpractice
Medical Malpractice
When you seek medical care, you place an extraordinary degree of trust in the hands of your doctor, surgeon, hospital, or other healthcare provider. That trust carries with it a legal obligation — a duty to meet the accepted standard of care for your condition. When a healthcare professional falls short of that standard and causes you serious harm, it is not simply an unfortunate outcome. It is medical negligence, and you have the right to hold that provider accountable.
Medical malpractice takes many forms. A surgeon who operates on the wrong site. A physician who fails to diagnose a cancer that a reasonably competent doctor would have caught. A hospital that administers the wrong medication or the wrong dosage. An obstetrician whose decisions during a difficult delivery result in a birth injury that will affect a child for the rest of their life. A specialist who discharges a patient prematurely, ignoring warning signs that later prove catastrophic. The circumstances vary widely, but the common thread is the same: a patient placed their health in someone else’s hands and paid an unacceptable price for it
What is less understood — and critically important — is how uniquely demanding these cases are to pursue in Florida. Medical malpractice claims in this state require strict compliance with pre-suit procedural requirements under Chapter 766 of the Florida Statutes that have no equivalent in other personal injury cases. Before a single lawsuit can be filed, an attorney must conduct a thorough investigation, obtain a verified written medical expert opinion from a qualified expert who meets the requirements of Florida law confirming that there are reasonable grounds to believe the standard of care was breached, and serve a formal Notice of Intent to Initiate Litigation on the prospective defendant by certified mail. That notice opens a mandatory 90-day pre-suit period during which no lawsuit can be filed. Florida courts strictly enforce these procedural requirements, and failure to comply can result in dismissal of the claim.
The time limits are equally unforgiving. Under Florida law, a medical malpractice claim must generally be filed within two years from the date you discovered — or reasonably should have discovered — that your injury was caused by medical negligence. Regardless of when the injury was discovered, Florida law also imposes a four-year statute of repose that bars claims more than four years from the date the malpractice occurred, with narrow exceptions for fraud, concealment, or cases involving young children. Because these deadlines can begin running before a patient fully understands the extent of the injury, prompt legal review is important. If you believe you may have a claim, reaching out to an attorney promptly is not just advisable — it is essential.
Justin Lusko has dedicated a significant portion of his practice over the past decade to medical malpractice litigation, representing patients and families in Pensacola and throughout Florida who have been seriously harmed by healthcare negligence. He brings a thorough understanding of Florida’s demanding procedural requirements, established relationships with qualified medical experts across a range of specialties, and the trial experience taking more than 55 cases to jury verdict and securing multi-million dollar verdicts on his client’s behalf. At Lusko Law, we meticulously review medical records, engage the right expert witnesses, and build thoroughly prepared cases for every client we represent — pursuing full compensation for medical expenses, lost earnings, future care needs, pain and suffering, and all other damages you are entitled to recover.
Our Personal Approach
We know that the decision to pursue a medical malpractice claim is rarely straightforward. You may be grieving, still undergoing treatment, or simply trying to understand what happened to you or someone you love. Before anything else, we listen. We ask questions, review what you know, and take the time to understand the full picture of your situation — the medical timeline, the impact on your daily life, and what resolution would mean for you and your family.
At Lusko Law, you work directly with an experienced attorney from your first call through the resolution of your case. You will work directly with an attorney throughout your case and receive consistent communication regarding important developments. We communicate clearly, keep you informed at every stage, and make sure you always know where things stand. Medical malpractice cases can take time to develop correctly — the investigation, the expert consultations, the pre-suit process, and the litigation that may follow all require careful, sustained attention. We bring that attention to every case we take, and we never lose sight of the person at the center of it.
Transparent Service Fees
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Past Results Disclaimer (Florida Bar Required): Prior verdicts and settlements referenced in connection with Lusko Law reflect results obtained in prior cases and do not guarantee a similar outcome in any medical malpractice or other matter. Most cases result in a lower recovery. It should not be assumed that your case will have as beneficial a result.
This page is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by viewing this page. Medical malpractice claims in Florida are governed by Chapter 766, Florida Statutes, and are subject to strict pre-suit notice requirements, expert affidavit obligations, and statutes of limitations and repose. Deadlines vary by case — contact Lusko Law promptly to preserve your rights.