Before you can file a medical malpractice claim in Florida, you must understand the process, necessary evidence, and whether you have a valid claim. If you believe a doctor, nurse, another medical provider, or hospital caused you serious harm by not adhering to appropriate standards of care, you could have grounds for a medical malpractice case.
The best way to determine if you have a valid case is to discuss it with a Florida medical malpractice lawyer. Our firm provides free consultations. This is a great first step for getting started. If we believe you have a valid claim, we can navigate the complex process of building and filing a case for you.
Obtaining and Reviewing Your Medical Records Is Critical
One of the first things you will need to do—or that our lawyers can do for you—is to request and review all the relevant records from your medical care providers. This could include:
- Your doctor’s notes
- Records of your diagnosis and treatment
- Your hospital charts
- Lab test results
- Medical imaging
- Discharge summaries
- Records from any second opinions you received
Your attorney can review your records to see if there are any obvious red flags. However, the case cannot proceed without the input of a medical expert who agrees that you may have been a victim of malpractice.
You Must Hire A Qualified Medical Expert To Review Your Case
Florida law requires you to have written testimony from a qualified medical expert who practices in the same specialty as the provider you are accusing of malpractice. In their written opinion, the expert must confirm:
- They understand what the standard of care should have been in the case
- The accused doctor failed to provide the acceptable standard of care
- Their failure to provide the standard of care directly caused your injury
You must submit this written opinion as a part of the presuit investigation, which is required before you can file a medical malpractice lawsuit in Florida. Our lawyers know how to manage this process and have access to a robust network of reputable medical experts. We know how to identify the best medical expert witness for your case and get strong, admissible testimony from them.
We Serve The Defendants Notice Of Intent To Sue
Under Florida Statutes § 766.203, lawmakers outline the pre-suit process required before you can file a medical malpractice lawsuit in the state. This process officially begins when you send a Notice of Intent to Initiate Litigation to each potential defendant. This notice must include key details of the case, such as:
- A summary of your allegations against them
- Your relevant medical records
- The expert’s written opinion
Following this notice, the defendants have up to 90 days to investigate the allegations and respond. During this time, they may call in their own experts and take other steps to understand what happened and whether medical negligence occurred.
In 90 days, they must respond by:
- Denying the allegations against them
- Making a settlement offer
- Requesting arbitration
If they make a settlement offer, this usually leads to negotiations. If they deny the accusations or will not offer fair compensation, you can proceed with the lawsuit at this time.
Many Florida Medical Malpractice Cases End In Settlement Agreements
Most medical malpractice cases in Florida resolve without going to trial. A settlement is possible before or after filing a lawsuit. These cases can also settle through informal negotiations or court-ordered mediation. Many courts mandate mediation with a third-party mediator before they put a case on the trial docket.
Throughout this process, our team will fight for the maximum compensation available based on your case facts. We will manage all communication about the case and offer guidance when you need to decide whether to accept a settlement offer.
What Happens If We Need To File A Medical Malpractice Lawsuit?
Sometimes, suing the doctor, facility, or other negligent party is necessary. When this happens, our lawyers will develop the complaint and file the necessary paperwork in the appropriate civil court. Once the lawsuit is filed and the defendants are notified, this process will continue:
- Discovery, when both sides investigate the incident further and build a stronger case
- Exchanging evidence, a key part of the discovery process
- Taking depositions, which is sworn testimony from witnesses
- Mandatory mediation, which is required by many judges in these cases
- Trial preparation, such as jury selection
- The trial, if necessary
Even if your case starts trial proceedings, you and the other party could still come to an agreement before the trial ends.
How Will My Medical Malpractice Attorney Help Me During This Process?
When you work with our team, you can count on us to manage your claim from beginning to end. This includes:
- Handling all necessary legal documents
- Managing evidence, including your medical records and expert witnesses
- Dealing with the defendants and insurance companies
- Explaining each step so you know what to expect
- Fighting for full compensation for your injuries and care needs
If your loved one suffered fatal injuries because of medical negligence, our wrongful death lawyers can help you understand your rights as surviving family members.
How Long Do I Have To File A Florida Medical Malpractice Lawsuit?
Florida generally has a two-year statute of limitations for medical malpractice cases under Florida Statutes § 95.11. However, there are exceptions and determining the deadline for filing a lawsuit can be complex in these cases. You should act quickly to ensure you do not miss any applicable deadlines.
Once you file a Notice of Intent based on the case, this tolls the statute of limitations for 90 days while you navigate the presuit process.
Contact Our Team To Learn More About Your Medical Malpractice Case
At Anidjar & Levine, our medical malpractice team can help if you were hurt. We provide free case reviews for injured individuals and their families. We will determine your options and fight for your best interests while we navigate the process for you. Contact us today to get started.
