Under state law, you have the right to file civil claims against doctors, hospitals, or other healthcare professionals if their deviation from medical standards injures you. However, the process of filing a medical malpractice claim is more complicated than most lawsuits.
Many requirements must be met before a civil lawsuit can be brought to court. It is also imperative to file a suit within the allotted time frame known as the statute of limitations. While medical malpractice claims can provide you with compensation for your injuries, the process is challenging without the help of a local lawyer.
Pre-Suit Requirements
Many requirements must be met before a medical malpractice lawsuit can be filed in Florida. These pre-suit requirements set malpractice claims apart from other types of injury lawsuits. First, an attorney must obtain an affidavit from a doctor which confirms that the plaintiff’s injury or illness is related to medical malpractice.
Afterwards, the claimant must notify the person or entity they intend to sue that they are initiating litigation. It should also include the affidavit that affirms the plaintiff’s medical malpractice claim.
The defendants will have 90 days to respond to the claim after they receive the notice. During that time, they have the opportunity to collect evidence and review medical records. While this process can lead to a negotiated settlement, most doctors and medical facilities accused of malpractice fight these claims in court.
After 90 days have passed, a plaintiff has the right to file a medical malpractice lawsuit. However, they must ensure they do so in a timely manner.
Deadline to File a Medical Negligence Claim
Every Florida lawsuit must comply with the state’s statute of limitations, and medical malpractice claims are no exception. The statute of limitations serves as a deadline for the filing of a civil lawsuit. If a plaintiff fails to file on time, they risk losing their right to compensation. A skilled legal advocate could help a plaintiff comply with the statute of limitations and other important legal deadlines.
The statute of limitations for filing a medical malpractice claim in Florida expires two years from the date the incident occurs. However, some exceptions could extend this deadline. For example, if a doctor or hospital takes active steps to conceal their errors, a claimant would have two years from the date of discovering their injuries. Although, they must file a malpractice lawsuit within seven years of an incident regardless of concealment.
An Attorney Can Help with Filing a Medical Malpractice Claim in Florida
It is not uncommon to feel powerless after suffering a medical injury. Many patients find it difficult to challenge healthcare providers after an erroneous procedure.
For help with filing a medical malpractice claim in Florida and holding a negligent medical professional accountable, contact a diligent and well-practiced lawyer from our firm. With the right legal counsel, you may be able to maximize the damages you recover in court, so call us today for professional advice and guidance.
Speak to a member of our team today.