Can I File a Medical Malpractice Claim Myself?
You can file a medical malpractice claim yourself in Florida and most other states. However, suing for medical malpractice can be extremely complicated. The legal procedures are detailed, with rigid filing time limits. If you overlook information, use the wrong format, or miss a deadline, you could lose your chance for compensation.
Rather than risking your case navigating unfamiliar legal processes, consider hiring a knowledgeable medical malpractice lawyer.
Determining Whether Your Injuries Are Due to Malpractice
Medical malpractice claims depend on showing that the at-fault party violated the standard of care for their field. The standards of care differ between types of medical providers based on their field and the position they hold. A mistake by a healthcare provider is not necessarily a violation of the standard of care. A doctor who tries their best and acts within the standard of care may still fail to achieve the desired outcome.
Generally, the standard of care can be gauged by whether the medical professional acted reasonably in a way that any competent healthcare professional with similar experience in the same field would have acted.
Establishing a violation of the duty of care typically requires testimony from medical professionals in the field. Medical malpractice law firms often maintain relationships with medical professionals they can call upon to provide testimony for malpractice claims.
Meeting the Burden of Proof in a Medical Malpractice Case
When filing a medical malpractice lawsuit, you must have evidence to meet the burden of proof, which includes showing that your medical provider violated the standard of care for their field. As the plaintiff, you must also prove that you suffered damages because of the healthcare provider’s negligence.
Gathering documentation can be stressful and time-consuming when you are working to recover from your injuries. A medical malpractice attorney understands the types of evidence you need to support a medical malpractice claim. They have experience gathering evidence to prove malpractice and will know how to quickly and efficiently recover the necessary documentation.
Identifying the Parties Responsible for Your Medical Malpractice Injuries
When you suffer an injury because of medical negligence, there may be multiple responsible parties, and some defendants may have a complex web of corporate entities. In addition to the medical practitioner directly responsible for your injuries, other indirect parties may be involved, including other practitioners, medical groups, hospitals, clinics, and pharmacies.
A medical malpractice attorney knows how healthcare facilities operate. Their knowledge and insight can help discover all parties who may be liable for your malpractice injuries.
Negotiating With Medical Malpractice Insurance Carriers
Most medical professionals and organizations carry malpractice insurance. The insurance is designed to cover settlements in medical malpractice situations. Insurance companies may fight your claim, especially if you have costly economic and noneconomic damages. You may receive lowball settlements, or the insurance company may deny your claim altogether in the hope that you will not have the knowledge or resources to fight back.
Insurance companies retain teams of high-powered attorneys whose primary job is to fight such claims and reduce settlements. They may use intimidating tactics to discourage you from recovering the compensation you deserve. If you aren’t used to handling legal claims, you might accept less than you need to recover your full damages.
Medical malpractice lawyers handle insurance carriers and pushy legal teams all the time. They are highly capable and accustomed to countering aggressive methods and unfair denials in malpractice claims. A medical malpractice law firm should have the knowledge and experience to fight back and negotiate a fair settlement on your behalf.
Filing Deadlines and Formatting Requirements For Medical Malpractice Claims
The statute of limitations for filing a medical malpractice lawsuit varies by state. For example, you generally have two years in Florida to file a lawsuit against a negligent medical provider, but no more than four years from the negligent act (unless a rare exception applies). The deadline starts on the date of injury or the date you discovered the injury resulting from malpractice. Filing deadlines may differ depending on the circumstances of your case. If you miss the filing deadline, you may not be able to seek compensation for your losses.
Courts have specific filing requirements that all parties must follow. Failure to meet these requests can mean your case may be delayed or dismissed. Your case cannot move forward if you fail to serve all the named defendants through a process server in the manner dictated by state law.
Further, all medical malpractice cases follow a mandatory pre-suit process. If your pre-suit notice and investigation do not comply with every element of the statute, your case may be dismissed from court.
Medical malpractice attorneys are familiar with these processes and requirements. They can ensure your court filings are handled appropriately so you don’t lose your chance for compensation on a technicality.
Representing Your Malpractice Case in Trial Proceedings
Court proceedings involve specific formalized procedures for filings, motions, hearings, and other legal actions. You must submit motions and requests in a timely manner, and you must also respond to requests from the judge and other parties. Failure to take timely action can result in your case being dismissed.
It is a medical malpractice lawyer’s job to understand these procedures and meet all the appropriate requirements. They know how to leverage motions and other proceedings to maximize your chance for a fair settlement or judgment.
Paying Filing Fees and Court Costs for a Medical Malpractice Lawsuit
Filing a lawsuit can be expensive. You must pay for filing costs, process servers, fees, document requests, experts, and more. These lawsuit costs are typically managed by the law firm, which has the resources to handle your litigation.
Most medical malpractice attorneys handle such claims on contingency, which means you also pay nothing upfront for legal representation. The attorney recovers their fees and costs through the final settlement or verdict. If they don’t win your case, you don’t pay for their services.
Get Help Filing a Medical Malpractice Claim in Florida
Medical malpractice lawsuits are incredibly complex and take extraordinary amounts of time and resources to manage. These cases are not something just any injury firm can take on, and the average person who is trying to heal from medical negligence should not have to do this all alone.
If you or a loved one sustained injuries due to medical negligence, contact Freidin Brown, P.A. to discuss your legal options during a free consultation. Our medical malpractice lawyers have over 100 years of combined legal experience, and we want to get to work for you. We have offices in Miami and Fort Myers, but we help malpractice victims from all over the state. Call now to get started.
