How to File for Medical Malpractice in Florida
Medical malpractice lawsuits are complicated legal actions. Filing for medical malpractice in Florida involves requirements above and beyond that of a typical civil lawsuit. For example, according to Florida law, you must have an expert review the case and you must give the defendant notice, both before filing suit. A lawyer specializing in medical malpractice should be consulted prior to taking any action because making a mistake or missing a deadline may prevent the suit altogether.
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Instructions
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Determine the earliest date for your claim---basically the date you will allege your health care provider made a mistake. Florida law states that you will only have two years from this date to file your claim. By choosing the earliest possible date, you will maximize your chances of filing the claim before the statute of limitations bars your claim.
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Find an expert to review your case and determine whether your health care provider made a mistake. The expert must be in the same specialty as the potential defendant. For example, if you want to file suit against your dermatologist, you need to have another dermatologist review the case.
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Have the expert sign an affidavit stating that he believes your health care provider is liable to you for medical malpractice. According to Florida's medical malpractice law, this document will be necessary to file your claim. The document must explain in some detail why there are reasonable grounds for your health care provider to be liable.
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Send the affidavit along with a Notice of Intent to Litigate to the health care provider you are filing a claim against. The Notice of Intent to Litigate is simply a document that informs the potential defendant that you are intending to file suit.
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Wait for a response from the doctor, who will have 90 days to have her own expert review the case and conduct any other discovery measures. Once the 90 days is up, the potential defendant will either deny the claim, offer to settle, or admit liability. If the doctor denies the claim, you can proceed with filing the suit; otherwise you will either receive a settlement or head to arbitration.
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File a complaint with the court clerk. If the potential defendant denies liability, this is the final step to filing your claim. Once the complaint is filed, along with the affidavit and Notice of Intent to Litigate, you have filed your claim and the lawsuit has begun.
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Tips & Warnings
The courts are very serious about the statute of limitations. If you fail to file your claim before the two year statute of limitations has expired, you will be barred from bringing suit.
The expert has to have the same or similar specialty as the defendant you want to sue, but does not have to be from Florida.
When dealing with any legal matter, you should consult an attorney. Medical malpractice law is extremely complicated and one small mistake or missed deadline can result in losing any chance to recover compensation for your injury. An attorney specializing in medical malpractice law can help you maximize your chances of correctly filing suit and proceeding with the legal action.
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