How to Choose Medical Malpractice Lawsuit Procedure in Florida

A patient would have immense trust in their healthcare professionals. But not every time a doctor or nurse stays true to their oath, and that’s why medical malpractices occur. Intentionally or unintentionally, negligence from a medical professional’s side comes with devastating consequences.

The failure to provide the expected standard of care or harming the patient with a wrong surgical method comes with fatal concerns. So, when individuals believe they have grounds to claim medical malpractice compensation, they can file a lawsuit.

Florida’s medical malpractice law is comprehensive and comprises specified provisions. Pursuing a medical malpractice case involves pre-suit investigations, mediation and, most importantly, statutes of limitations. Adherence to duty of care and breach of duty includes compensation for the injured patient. 

The statute of limitations for filing a lawsuit in Florida is two years. On the other hand, the settlement process involves negotiations between parties and attorneys. The settlement negotiations may occur at any time during the case. However, negotiations for medical negligence claims only happen until the case is close to trial (more evidently for the higher-valued cases). 

With a qualified attorney by your side, you can speed up the settlement process for medical malpractice cases in Florida. It gives parties an opportunity to participate in mediation. A seasoned legal counsel helps you negotiate numbers and reach an agreement successfully.

Florida Medical Malpractice Claims – How Much Time is Required?

Notably, every state in the US sets a deadline for the claim. Similarly, in Florida, the deadline is two years from the time a plaintiff learns about the injury. So, this two-year time is evaluated from when a patient knew about the injury resulting from medical malpractice. 

There’s a strict requirement in Florida known as the Statute of Repose. So, this law states that no claim will be permitted after four years from the date of the malpractice. If the plaintiff proves the medical fraud or misrepresentation, they get a total of seven years of the deadline to file the claim. 

For a case with a lower value, less time is required for the applicant to receive the settlement. However, a higher-value case will take a longer time to settle. The following are a few circumstances that may impact the time for receiving the settlement:

• The experience of the attorney who represents the defendant
• The defendant getting sued
• The case’s overall worth
• The number of witnesses included
• The type of medical malpractice 
• The complicacy of the malpractice resulting in minor or fatal consequences 

In several cases, Florida’s medical malpractice settlement may take years to conclude due to the defendants involved in the case. This is more evident for higher valued cases where defendants deny paying the amount. The process is only accelerated when the plaintiff negotiates to take less than the value determined in the settlement.

An All-Encompassing Guide to Filing a Medical Malpractice Claim – Before and After

These are the steps a plaintiff needs to follow with the help of an attorney:

1st Step: Collecting Evidence for the Negligence

Evidence of medical malpractice can build a strong case. So, the first step is collecting evidence to evaluate the medical professional’s negligence and how it resulted in an injury. You can collect the following evidence:

• Medical records
• Photographs 
• Statements by the witness 
• Opinions by the experts

2nd Step: Consulting a Seasoned Medical Professional 

Note that cases of medical malpractice need medical advice from professionals. This way, you can establish the case and give evidence of how it was breached. So, you must get in touch with a medical expert to understand the case.

One quick note: You must understand the statute of limitations. As discussed earlier, the time limit for Florida’s malpractice cases is two years from when the malpractice occurred. If the plaintiff can give evidence of medical fraud, the deadline for filing the claim becomes seven years.

3rd Step: Appoint a Legal Advisor

Consulting one of the competent medical malpractice attorneys helps you build a strong case. So, you must always seek consultation from a seasoned attorney with years of experience and expertise. 

An experienced medical malpractice solicitor can help you prepare a complaint. The legal document gives information on your claims against the medical provider. This complaint initiates your lawsuit in court.

The complaint will be sent to your defendant as soon as it gets filed. Here, the defendant is your medical professional accused of malpractice. 

By the time the complaint is sent to the defendant, you should prepare and share relevant information with your attorney, such as the following:

• Your medical records
• Receipts 
• Other materials that may refute or support the claims

4th Step: Negotiating and Mediations

Both parties might reach a settlement during this period via mediation or negotiation. The settlement may save you money and time. However, you must always remember to negotiate in the right way, as the compensation is for your damage.

A few medical malpractice cases may involve a permanent loss of income. So, at this point, the plaintiff needs to settle the matter with the proper negotiation strategies. An attorney can help you make the right decision.

A lot of times, a settlement is difficult to reach. When a settlement isn’t reached, the case may proceed to trial in such a circumstance. This trial would involve the following things:

• Present evidence
• Witness testimonies
• Arguments to the jury or judge

After this, the outcome is eventually decided. 

Consult a Medical Malpractice Solicitor Today

A seasoned attorney understands the importance of the initial phase of investigating medical malpractice. So, they engage in a conversation with the claimant to understand the case details. 

In this process, the legal professional collects comprehensive information on the case. Next, they identify the defendant’s fault and determine its severity and negligence. Ultimately, they collect medical reports and other receipts from the client.

So, given the complexities involved in these steps, hiring experienced lawyers for medical malpractice cases is important. So, the medical malpractice attorney can become your saviour, whether it’s emergency room negligence, birth injuries, or wrongfully practised surgery. So, contact a qualified practitioner to file your claim and get the compensation you deserve.