The Pre-suit Procedure of Medical Malpractice Lawsuit in Florida

The Pre-suit Procedure of Medical Malpractice Lawsuit in Florida

Medical malpractice is a legal term used to refer to doctor’s mistakes. If you or any of your loved ones have sustained damage due to the negligence of a healthcare professional, you can file a medical malpractice claim. It can be against a doctor, a healthcare professional, or a clinic. In most malpractice cases, a doctor’s mistake results in no or little harm. But, in cases where the damage is severe, the victim may sue the doctor. According to the Medical Malpractice Center, around 15000 to 19000 medical malpractice suits are filed against doctors every year in the United States. Unlike other personal injury cases, in medical malpractice cases, doctors win more than they lose. Over the past two decades, investigators have researched and collected data on medical malpractice cases, and the results have been consistent.


Medical practitioners win 80% to 90% of the jury trials with insufficient evidence of medical negligence. When the attorney on the victim’s side provides strong malpractice evidence, doctors still win the half, even in such cases. Most of the time, statistics do not tell the whole story, as most cases settle before trial only. The plaintiff has to establish more than the negligence happened. The victim must provide the documents to prove that the doctor failed to meet the duty. Proving harm from medical malpractice is challenging but is not impossible. If you or any of your loved ones have been the victim of medical malpractice, you must make your lawsuit strong with a well-planned pre-suit procedure with the assistance of a skilled personal injury insurance claims attorney.


Who Can You Sue for Medical Malpractice?


You can claim a medical malpractice lawsuit against a healthcare professional or facility that has employed the individual. In some cases, more than one provider might be responsible for the harm. The professionals you can sue include but are not limited to,


1. Physicians
2. Surgeons
3. Registered nurses
4. Practical nurses
5. Anesthesiologists
6. Pharmacists
7. dentists
8. Psychiatrists
9. Technicians
10. Other healthcare facilities


Types of Medical Malpractice


Medical malpractice cases that can result in lawsuits include,


1. Lack of diagnosis or misdiagnosis
2. Incorrect or unnecessary surgery
3. Failure to prescribe the right tests
4. Not following up on time
5. Prescribing the wrong dosage or the wrong information
6. Leaving objects inside the patient’s body after surgery
7. Patients with constant pain after surgery
8. Fatal infections
9. Bedsores or pressure ulcers


In addition, other serious incidents could include fire in hospitals and patients committing suicide while in the care of health staff.

What Are the Presuit Requirements for a Medical Malpractice Lawsuit?


Florida medical malpractice claims demand the plaintiff to demonstrate that the medical service provider committed a mistake that falls under the “prevailing professional standard care.” The standard of care changes depending on the medical service providers’ specific care, skill, and circumstances. Thus, courts look at the prevailing standard of care about the unique circumstances of the particular situation.


Medical malpractice can result from a variety of situations. According to Florida Law, misdiagnosis, surgical error, and specialist malpractice can bring down a medical malpractice lawsuit. Wrongful deaths can be the worst occurrences that can result from medical malpractice. In that unfortunate case, the victim’s relatives need the assistance of an efficient wrongful death claim lawyer to successfully recover the damages with profound knowledge of Florida’s medical malpractice procedural and evidentiary laws.


In case the plaintiff mails the notice before the expiration of the limitations period, the defendant won’t receive the notice until the period expires. Florida court has reviewed a few cases that support that mailing the pre-suit notice from the end of the plaintiff triggers tolling. The court has decided over 90 days from the dat of the receipt of the notice to benefit the defendant throughout the entire investigation period. Both parties must share documents and information about the claim to help each side better evaluate the claim, hoping that the claim would reach solutions without suit. Under the Florida Statute 766.106 and Florida Rule of Civil Procedure 1.650, timely mailing starts the tolling. The plaintiff must prove that the defendant party was negligent.


The parties must engage in the pre-suit investigation in addition to the pre-suit notice. The investigation is the first step towards determining which parties are liable for negligence. The defendant’s insurer needs to investigate the liability during the inquiry. If a potential defendant tries to reject a claim, they must submit a written medical document establishing their position that there is no reasonable ground for a lawsuit. The fact-finder considers all the evidence and gives the verdict in favour of the party that is more credible.


Medical malpractice cases fall under the most expensive and challenging cases to take through trial. In case of the death of a close one due to medical malpractice, consult a wrongful death claim lawyer to fight for you. Hence, the legislature has tried to help settle and avoid suit with the statutory mandates. The losing party might ask for a new trial.


Choose Your Attorneys Wisely


It is critical to understand the medical malpractice victims’ rights and what recourse they have for justice. The experienced team at Louis Berk Law Firm focuses on providing the best possible representation to the victims. Connect with us if you or your loved ones have undergone an unfortunate medical malpractice case, and schedule your consultation with our expert attorneys.

    Protected By Google reCAPTCHA PrivacyTerms