How Do I File a Malpractice Suit Against a Doctor?
Florida’s medical malpractice process is complex. You will want to work with an experienced attorney to file a malpractice suit against a doctor. You must follow strict legal procedures or risk losing the right to hold the doctor legally responsible.
When you hire a Florida medical malpractice lawyer to manage your case, they will know the steps for filing a lawsuit and strategies for securing the the best possible result. You can focus on healing and recovery while your legal team handles your case from start to finish.
What Steps Are Required in a Florida Medical Malpractice Case?
The best way to ensure you take the right steps in pursuing a medical malpractice payout from a doctor is to work with an attorney from the start. An experienced malpractice lawyer is the best asset you can have on your side in this type of case.
Pre-Suit Investigation
As described in Florida Statutes § 766.203, Florida’s medical malpractice laws require a pre-suit investigation. This requires that victims take certain steps to verify that their cases have merit. Primarily, this relies on having a medical expert review the case and sign an affidavit that they believe that medical negligence caused an injury to the patient.
Serve a Notice of Intent to Sue
Florida requires that medical malpractice victims notify the doctor or other provider of the intent to sue under Florida Statute § 766.106 and provide the prospective defendants with the expert’s affidavit of merit and other materials. This notice of intent kicks off a 90-day period of investigation and information exchange between the parties. Sometimes the parties discuss the possibility of settlement during this 90-day period.
File the Lawsuit
After 90 days, if prospective defendant denies your claim with their own expert’s affidavit, your lawyer can file the lawsuit in the appropriate civil court. This is generally in the county where the malpractice occurred. The complaint will list the general facts of the case, the alleged malpractice, and the injuries and damages it caused.
Navigate the Litigation Process
Navigating the litigation process requires managing discovery and pretrial motions. This is when each side exchanges information and builds a compelling case. Your attorney will work with medical experts and gather other evidence to support your lawsuit. Depositions (i.e., sworn statements) will be taken, and records will be obtained. Settlement negotiations could continue throughout this process.
Trial or Settlement
While most cases settle before trial, some need to go to trial. During the trial, your lawyer will represent your best interests and present convincing evidence to prove your case. Our firm uses the newest trial technology in order to gain every possible advantage with the jury. The jury will listen to the arguments from both sides and determine if malpractice occurred.
What Are the Grounds for Filing a Malpractice Lawsuit Against a Florida Doctor?
Your Florida medical malpractice attorney will assess whether your experience might support a medical malpractice case. In general, you have a right to pursue a case when any healthcare professional’s negligence causes complications, injuries, or other harm. When you look at specific methods of harm, some of the most common include:
- Diagnostic Errors: A doctor fails to diagnose a condition, diagnoses the wrong condition, or makes other diagnostic errors that leave the patient’s condition untreated.
- Surgical Errors: A surgeon or another healthcare provider makes a careless or reckless mistake during a procedure, such as performing wrong-site surgery, failing to take steps to reduce infection risk, or leaving instruments inside a patient.
- Medication Errors: A doctor or nurse prescribes or administers the wrong medication, makes a dosage error, or fails to recognize potentially harmful drug allergies or interactions.
- Anesthesia Errors: Errors made when putting a patient under anesthesia can cause serious injury or death. This could include giving the wrong type of drug, administering an incorrect dosage, or failing to properly monitor the patient.
- Birth Injuries: When care providers fail to properly monitor the mother and baby and provide appropriate care when complications arise, it can cause serious, lasting birth injuries.
- Delays in Diagnosis: This happens when radiologists or other doctors fail to detect cancers or serious conditions that, if discovered earlier, would have prevented a horrible outcome.
What Evidence Supports Medical Malpractice Lawsuits?
Like other types of legal cases, winning a medical malpractice lawsuit requires collecting and presenting compelling evidence to show what occurred, who is liable, and how it affected your life. However, the evidence necessary in medical malpractice cases is different than in other types of injury claims.
Medical malpractice suits often rely on evidence that includes:
Relevant Medical Records
Your relevant medical records should show what test results, your diagnosis, previous health concerns, and treatment plans. They should document your care from beginning to end, including the malpractice.
Expert Testimony
Expert testimony is crucial in medical malpractice cases. This is the only way to show that the healthcare provider’s action or inaction failed to meet an acceptable standard of care. It is also used to show your damages and the money needed to pay for your future care.
Documentation of Damages
You will need to document the expenses and losses you incurred by gathering your bills, receipts, income statements, and other paperwork that shows the effects of the malpractice injuries you endured.
When you work with experienced and skilled medical malpractice lawyers, they will have the necessary resources to investigate your case and get the evidence you need. For example, they generally have networks of medical experts they can call on to help support these cases, including doctors, nurses, and specialists.
What Is the Deadline for Filing a Malpractice Lawsuit Against a Doctor?
Under Florida Statutes § 95.11, you generally have two years to file a medical malpractice lawsuit following the discovery of your injuries, starting from the date of the injury or the date you discovered the injury, but no more than four years from the negligent act (unless an exception exists). However, the statute of limitations is complicated in medical malpractice cases, and exceptions exist. Some circumstances may give you more time to act or pause the clock.
The best way to learn about the timeline in your case is to speak to an attorney who can review the case facts and offer advice. The sooner you can get started on your case, the better.
Discuss Your Florida Medical Malpractice Injuries With Our Team
Filing a medical malpractice suit in Florida is a complex process. You will want an experienced attorney on your side to manage this process for you. They can gather evidence, seek expert testimony, and ensure legal procedures are followed.
At Freidin Brown, P.A., our medical malpractice attorneys are here to help. We have a long history of securing settlements and verdicts for our clients. We offer free, confidential consultations. Contact us to get started today.
