Medical malpractice is a serious concern, and it can have devastating consequences for patients and their families. If you or a loved one has been a victim of medical malpractice in Florida, you may be wondering what to expect during a lawsuit. Here’s a guide to help you understand the process.
Find a Florida Medical Malpractice Attorney
The first step in pursuing a medical malpractice lawsuit in Florida is to find an experienced medical malpractice attorney. You want someone who has a deep understanding of Florida’s medical malpractice laws and has experience litigating these types of cases. Your attorney will be your advocate throughout the process and will help you navigate the legal system.
Investigation of the Claim
Your attorney will begin by investigating your claim. This will involve reviewing your medical records, consulting with medical experts, and gathering evidence to support your case. Your attorney will need to prove that your healthcare provider breached their duty of care, and that this breach caused you harm.
Pre-Suit Notice and Investigation
Before a lawsuit can be filed, Florida law requires that the healthcare provider receive pre-suit notice of the claim. This notice includes a detailed description of the alleged malpractice, the injuries sustained, and the legal basis for the claim. The healthcare provider then has 90 days to conduct their own investigation and either settle the claim or deny liability.
Filing the Lawsuit
If the healthcare provider denies liability, your attorney will file a lawsuit on your behalf. This will typically be done in the county where the malpractice occurred. The lawsuit will outline your claims and the damages you are seeking.
Discovery Phase
Once the lawsuit has been filed, the discovery phase begins. This is when both sides exchange evidence and information related to the case. This may include depositions, interrogatories, and requests for documents.
Mediation or Settlement Negotiation
Before the case goes to trial, both sides may attempt to reach a settlement through mediation or negotiation. This can be a faster and less expensive way to resolve the case, and it can also be less stressful for the patient and their family.
Trial
If a settlement cannot be reached, the case will go to trial. A jury will hear the evidence and determine whether the healthcare provider is liable for the malpractice. If the jury finds in favor of the patient, they will also determine the amount of damages to be awarded.
Medical malpractice lawsuits can be complex and emotionally draining, but with the right attorney by your side, you can navigate the process with confidence. If you believe you or a loved one has been a victim of medical malpractice in Florida, reach out to an experienced attorney today to discuss your options.
Appeals
If either party is not satisfied with the outcome of the trial, they may choose to appeal the decision. This involves taking the case to a higher court, such as the Florida Court of Appeals. The appeals process can be lengthy and complex, but it may be necessary if there are issues with the trial process or if the jury’s decision was based on errors of law.
Collection of Damages
If the patient is awarded damages in the case, they will need to collect those damages from the healthcare provider or their insurance company. Your attorney can help you navigate this process and ensure that you receive the compensation you are entitled to.
Closure and Moving On
Finally, once the case has been resolved, it’s important to take time to process what has happened and begin the process of moving on. Medical malpractice can be a traumatic experience, but with the right support and resources, you can begin to heal and rebuild your life.
In conclusion, a medical malpractice lawsuit in Florida can be a long and challenging process, but with the help of an experienced attorney, you can pursue justice and compensation for the harm you have suffered. If you believe you have been a victim of medical malpractice, don’t hesitate to reach out to a qualified attorney to discuss your options and get the help you need.
Goldstein, Buckley, Cechman, Rice & Purtz, P.A. is a law firm with extensive experience handling medical malpractice cases in Florida. Our team of attorneys has the knowledge, resources, and dedication to help you pursue justice and compensation for the harm you have suffered due to medical negligence.
Here are some ways in which our firm can assist you with your Florida medical malpractice case:
- Conduct a Thorough Investigation: Our attorneys will conduct a comprehensive investigation of your case, which includes reviewing your medical records, consulting with medical experts, and gathering evidence to support your claim.
- Provide Legal Guidance and Advocacy: We will provide you with the legal guidance and advocacy you need throughout the legal process. Our attorneys will be your advocate, protecting your rights and fighting for the compensation you deserve.
- Determine Liability and Damages: We will work with medical experts to determine liability and damages. We will establish the standard of care that your healthcare provider should have followed and how they deviated from that standard, resulting in your injuries.
- Handle Settlement Negotiations: We will handle settlement negotiations with the healthcare provider or their insurance company. Our attorneys have a track record of successfully negotiating fair settlements for our clients.
- Litigate in Court: If a settlement cannot be reached, we are fully prepared to litigate your case in court. Our attorneys have extensive experience representing clients in court and will fight tirelessly to ensure that you receive the compensation you deserve.
- Provide Emotional Support: Medical malpractice can be a traumatic experience, and we understand the emotional toll it can take on you and your family. Our attorneys will provide emotional support throughout the legal process, guiding you through each step with compassion and empathy.
If you or a loved one has been a victim of medical malpractice in Florida, Goldstein, Buckley, Cechman, Rice & Purtz, P.A. can help. Contact us today to schedule a consultation with one of our experienced attorneys.