Medical malpractice is a serious issue that can have devastating consequences for patients and their families. If you have been a victim of medical malpractice in Florida, you may be wondering how to file a claim. In this blog post, we will walk you through the steps involved in filing a medical malpractice claim in Florida.
Step 1: Hire an Attorney
The first step in filing a medical malpractice claim in Florida is to hire an experienced attorney who specializes in medical malpractice cases. Your attorney will help you navigate the complex legal system and ensure that your rights are protected. They will also help you gather the evidence needed to prove your case and negotiate with the insurance companies.
Step 2: Determine if You Have a Case
In order to file a medical malpractice claim in Florida, you must first determine if you have a case. To do this, you must prove the following elements:
- That a doctor-patient relationship existed
- That the doctor was negligent in their treatment of you
- That the doctor’s negligence caused your injury
- That your injury caused damages, such as medical bills, lost wages, or pain and suffering
- If you can prove these elements, you may have a viable medical malpractice claim.
Step 3: Obtain Medical Records
Once you have hired an attorney and determined that you have a case, the next step is to obtain your medical records. Your attorney will request these records from your healthcare provider and review them to determine if there is evidence of medical malpractice.
Step 4: File a Notice of Intent to Sue
Before you can file a medical malpractice lawsuit in Florida, you must first file a Notice of Intent to Sue. This notice must be filed with the healthcare provider you are suing at least 90 days before the lawsuit is filed. The notice must include a statement of the factual basis for the claim and the standard of care that was allegedly breached.
Step 5: Settlement Negotiations
After the Notice of Intent to Sue has been filed, the parties may engage in settlement negotiations. Your attorney will work with the insurance company and the healthcare provider to try to reach a settlement that compensates you for your damages.
Step 6: Filing a Lawsuit
If a settlement cannot be reached, your attorney will file a lawsuit on your behalf. The lawsuit must be filed within two years of the date that the injury occurred, or within two years of the date that the injury was discovered or should have been discovered.
Step 7: Trial
If the case goes to trial, your attorney will present evidence and arguments to the court in an effort to prove your case. The court will then decide whether or not the healthcare provider was negligent and whether or not you are entitled to damages.
Step 8: Appeal
If the verdict is not in your favor, you have the right to appeal the decision. Your attorney can advise you on whether or not an appeal is appropriate and guide you through the appeals process.
Step 9: Collecting Your Compensation
If you win your case, the healthcare provider or their insurance company will be responsible for paying your damages. Your attorney will work with them to ensure that you receive the compensation you are entitled to.
In Florida, there is a cap on the amount of damages that can be awarded in medical malpractice cases. The cap is set at $500,000 for non-economic damages such as pain and suffering, and $750,000 for catastrophic injuries or wrongful death. However, there are exceptions to the cap in cases where the healthcare provider was grossly negligent or engaged in intentional misconduct.
It’s important to note that the process of filing a medical malpractice claim can be lengthy and complex, and it’s not uncommon for cases to take several years to resolve. However, with the help of an experienced attorney, you can navigate the process and get the compensation you deserve.
We at Goldstein, Buckley, Cechman, Rice & Purtz, P.A are a law firm in Florida that has over 60 years of experience in handling medical malpractice claims. Our team of experienced attorneys handle medical malpractice cases and is dedicated to helping clients get the compensation they deserve for their injuries.
If you have been a victim of medical malpractice in Florida, we can help you with the following:
- Evaluating Your Case: We will evaluate your case and determine whether you have a viable claim for medical malpractice.
- Gathering Evidence: We will gather the evidence needed to prove your case, such as medical records, expert witness testimony, and other relevant evidence.
- Filing the Notice of Intent to Sue: We will file the Notice of Intent to Sue on your behalf and ensure that all necessary information is included in the notice.
- Settlement Negotiations: We will negotiate with the insurance company and the healthcare provider to try to reach a settlement that compensates you for your damages.
- Filing a Lawsuit: If a settlement cannot be reached, we will file a lawsuit on your behalf and represent you in court.
- Appeal: If necessary, we will help you with the appeals process and fight for your rights in court.
- Maximizing Your Compensation: We will work tirelessly to maximize your compensation and ensure that you receive the full amount of damages you are entitled to under the law.
Goldstein, Buckley, Cechman, Rice & Purtz, P.A is a law firm in Florida that has the experience to help you with your medical malpractice claim. If you have been a victim of medical malpractice, don’t hesitate to contact us for a free consultation and learn how we can help you get the compensation you deserve.