Orlando · Orange County
Where an Orlando medical malpractice case is filed
Where a case from Orlando is heard depends on who gave the care. This page sets out the court, the appeal, and what changes when the provider is federal, a state university’s doctor, or a county or state clinic.
The short answer
Where is an Orlando medical malpractice case filed?
Generally in the circuit court for Orange County, part of Florida’s Ninth Judicial Circuit (opens in a new tab). A claim against the United States over negligent care by a federal employee goes to the agency before any court (opens in a new tab). A claim against a Florida government body follows a statute of its own (opens in a new tab).
Which court hears an Orlando medical malpractice case?
Orlando is in Orange County (opens in a new tab), and Orange and Osceola counties together make up Florida’s Ninth Judicial Circuit (opens in a new tab). It is a state trial court. The federal court of appeals that is also called the Ninth Circuit is a different court.
Claims above $50,000 go to the circuit court. County courts hear cases up to that amount (opens in a new tab), and circuit courts hear the actions at law the county courts cannot (opens in a new tab).
A case is filed with the Orange County Clerk of Courts, whose Civil Division is at 425 N. Orange Ave., Suite 350 (opens in a new tab).
The county where the care was given is one place to file. Florida’s venue statutes allow a case in the county where the cause of action accrued, whether the defendant is a person (opens in a new tab) or a corporation (opens in a new tab), and a claim against a state university board has a venue rule of its own (opens in a new tab). The steps before a lawsuit are on the Florida law page.
Which court hears an appeal, and when is a case in federal court?
Appeals from Orange County go to the Sixth District Court of Appeal, which is located in Lakeland and hears cases from the 9th, 10th, and 20th circuits (opens in a new tab). A 2022 law created that district, effective January 1, 2023 (opens in a new tab).
A claim against the United States is heard only in federal court: the district courts have exclusive jurisdiction of civil actions on claims against the United States, for money damages (opens in a new tab).
Orange County is in the Middle District of Florida, and federal law lists Orlando among the places where that court is held (opens in a new tab).
What if the care was at a federal hospital or clinic?
The Department of Veterans Affairs calls Orlando VA Medical Center a general medicine and surgery teaching hospital that provides a full range of health services for Veterans (opens in a new tab). Negligent care by a federal employee acting within the scope of the job is a claim against the United States, which is liable where a private person would be liable under the law of the place where the act or omission occurred (opens in a new tab).
The same rule covers a health care employee of the Department of Veterans Affairs (opens in a new tab), and a federally funded health center deemed an employee of the Public Health Service for a calendar year (opens in a new tab).
The claim goes to the agency before any court. It is barred unless presented in writing to the appropriate federal agency within two years after it accrues (opens in a new tab), and it counts as presented when the agency receives it with a claim for a specific sum in money damages (opens in a new tab). The rules are different for a service member and for care by a contractor, and they are on the Florida law page.
What if the doctor works for a state university?
Florida’s education code lists the University of Central Florida as a state university (opens in a new tab). The university’s patient notice is the Limited Liability Form on UCF Health’s new patient page (opens in a new tab), and it cites section 1012.965 of the Florida Statutes. The form says care will or may be provided by UCF BOT health care professionals, including faculty physicians and healthcare fellows and residents, who are employees and agents of UCF BOT (opens in a new tab), its board of trustees. It adds that they are not the employees or agents of the Facility (opens in a new tab). The facilities it lists include AdventHealth Winter Park and HCA Lake Nona (opens in a new tab).
A state university’s employee or agent treating patients at an affiliated hospital is not deemed to be an agent of any person other than the university board (opens in a new tab), if the patient acknowledged separate written notice, unless an emergency made that impractical. Employment and notice have to be established each time.
Florida has one statute for claims against the State, its agencies, counties and cities. It waives the government’s immunity from injury claims only to the extent the statute says (opens in a new tab), and the bodies it covers include state university boards of trustees (opens in a new tab). The claim is against the body: an officer, employee or agent acting within the scope of the job generally may not be held personally liable or named as a defendant (opens in a new tab).
What a government body can be made to pay is limited, in the 2026 statutes, to no more than $200,000 to one person or $300,000 for one incident (opens in a new tab) without a further act of the Legislature.
On October 13, 2026 the State’s licence record for UCF Lake Nona Hospital, which carries the university’s name, named CFHS SUB I LLC as owner and licensee, with a profit status of For-Profit (opens in a new tab), and did not name the university. Which rules reach a claim there has to be answered for each provider.
Frequently Asked Questions
What about a county clinic or the county health department?
Orange County Government says its Orange County Medical Clinic provides medical care and ancillary services to eligible adult Orange County residents (opens in a new tab). The county health department is separate: the Florida Department of Health in Orange County says it is part of a state agency (opens in a new tab), and by statute its personnel shall be employed by the Department of Health (opens in a new tab). Counties and state agencies come under the statute above. Which body answers has to be established for each provider.
The VA sent me to a private hospital. Is that a claim against the United States?
VA’s claims page says the Federal Tort Claims Act does not govern acts of non-VA medical facilities, community care providers, or independent contractors (opens in a new tab).
How long do I have to bring a claim?
It depends on who gave the care. For a claim under Florida law, the lawsuit must be started within 2 years of the incident, or of when it was or should have been discovered, and in no event later than 4 years after the incident (opens in a new tab). The notice of intent must be served within those time limits (opens in a new tab). The exceptions for fraud and for a young child are on the Florida law page. A claim against a Florida government body adds a claim in writing to the agency (opens in a new tab) before any lawsuit, and those steps are on the Florida law page. A claim against the United States over negligent care by a federal employee follows federal law instead. It is barred unless presented in writing to the appropriate federal agency within two years after it accrues (opens in a new tab).
What does it cost to have a case reviewed?
Nothing. The case evaluation is free, and there is no fee unless we win.
Keep reading
- 01
Florida law
The steps before a lawsuit, the deadlines, what must be proved, what can be recovered, and the rules for government and federal providers.
Florida law page - 02
Birth injuries
The state plan for one kind of birth injury, and what stays a malpractice claim
Explore birth injuries - 03
Children’s hospital care
The eighth-birthday rule, who brings a child’s claim, and court approval of a settlement
Explore children’s hospital care - 04
Hospitals and their doctors
When a hospital answers for a doctor it does not employ, and who holds the licence
Explore hospitals and their doctors