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6 Steps to Take if You Are a Victim of Medical Malpractice in Florida

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For a patient, it can be difficult to accept that your Florida healthcare provider could be responsible for making a critical error in providing care. Yet, your symptoms, worsening of your condition, deteriorating well-being, and other factors all seem to point in the direction of medical malpractice.

Frustration, fear, anger, and other emotions are overwhelming, but you may also have questions about your rights and what to do next. One of your first steps should be consulting with a Florida medical malpractice lawyer who will explain the laws and guide you through the legal process. However, there are a few steps you can take to preserve your rights and support your claim.

Make an Appointment With a Different Healthcare Provider

Your health is your first priority. Continuing to see a doctor who made a critical error could put you at risk of further harm, so you might consider changing providers or getting a second opinion from another doctor. You may even want to switch offices or hospitals if you suspect that hospital negligence also played a part in your injuries.

There is a chance your doctor knows you may be contemplating a medical malpractice claim, and the fear of legal action might be reflected in the medical records he or she prepares when continuing to treat you. It is important to make sure that you are receiving care from a trusted medical provider who keeps accurate medical records.

Get a Copy of Your Medical Records

Make an official request through your doctor’s office or the hospital records department right away. The basis of your medical malpractice claim lies within this documentation, so your medical malpractice attorney will need a full set of records to develop a legal strategy.

Our attorneys can also help you get these documents if the office won’t cooperate with your request and follow up with requests if there are any delays. You deserve to focus on healing and spending time with your family rather than going back and forth on the phone with medical offices.

Continue With Medical Treatment as Needed

Your health is the biggest concern, and following your doctor’s orders will put you on the road to recovery. Many injuries can become worse if you don’t do follow-up care or follow your treatment plan. Continued care also allows medical professionals to get an idea of your future medical needs and prognosis, and that allows our team to ask for a settlement or verdict that will address your current and future expenses.

Additionally, if you don’t seek treatment or follow through with care, the other party may try to say you are not injured or that your injuries are not as serious as you claim they are. By doing what your healthcare providers tell you and keeping all physician’s appointments, you also support your medical malpractice claim.

Track the Effects of Medical Malpractice on Your Life

While we have experts who can help estimate costs and testify to the severity of your injuries, your perspective is crucial. You have a deep understanding of the harm your injuries have caused you and your loved ones. You know best how medical malpractice has affected your everyday life and how it limits you.

It’s difficult to keep track of all these specifics, so our personal injury lawyers recommend that you keep some sort of journal to help keep your thoughts in order.

Your memory can fade over time, so begin taking notes to document:

  • The incident or events that led up to the medical error that caused you harm
  • Notes about your injuries and physical limitations
  • Follow-up care and appointments
  • Any details regarding how your injuries affect your life

Research a Lawyer Who Can Handle Your Florida Malpractice Claim

Finding the right medical malpractice lawyer can be intimidating and overwhelming, but it’s important to make a decision you are confident with. Make sure you:

  • Read the firm’s reviews and testimonials
  • Look at their case results to see how much they’ve won for clients and the type of cases they excel at
  • Jot down questions to ask the lawyer about your case, any costs, their experience and resources, and any other concerns you have
  • Make sure the attorney has specific experience with medical malpractice cases, and ask specific questions about the attorney’s trial experience in similar cases

While there is no law that requires you to hire a medical malpractice attorney, these cases are very complex. The knowledge and experience of a medical malpractice attorney are incredibly valuable in such scenarios.

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Take Swift Action After a Medical Malpractice Incident

Do your best to contact a lawyer and get moving on the legal process right away. The Florida statute of limitations gives a limited time period to file a lawsuit for damages, per Florida Statutes § 95.11.

Of course, there are circumstances that may affect the statute of limitations, but our medical malpractice team will review your case to determine how much time you have.

What Does a Malpractice Lawyer Need to Do Before Filing a Lawsuit?

Florida Statutes § 766.203 requires injured parties to conduct a pre-suit investigation before they can file a lawsuit for medical malpractice damages. As part of this process, our lawyers will draw on our resources to locate a medical expert who can support your claim of malpractice. This expert and the investigation provide proof that your claim is valid.

State laws also require us to file a notice of intent to sue to the other party. This notice gives time to both parties to conduct investigations, and we may even be able to settle during this period before your case goes any further. This investigation period pause the statute of limitations for 90 days, but the sooner we start this process, the better.

Our Florida Medical Malpractice Attorneys Can Assist with Essential Tasks

These are just a few of the things you can do to further your medical malpractice claim, but there are many others you should entrust to a medical malpractice lawyer.

Our team at Freidin Brown, P.A. will handle the complicated legal tasks to ensure you get the compensation you deserve by law. Please contact our offices today to set up a free consultation and learn how we can help with your Florida malpractice claim. We serve all of Florida, and we look forward to speaking with you today.

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