The Essential Steps to Filing a Medical Malpractice Lawsuit in Florida

Medical malpractice occurs when a healthcare provider, such as a doctor or nurse, fails to provide the appropriate standard of care to a patient, resulting in harm or injury. In addition to medical malpractice lawsuits, there are other types of personal injury lawsuits that may arise from healthcare-related incidents. A catastrophic injury, such as a severe spinal cord injury or traumatic brain injury, may occur due to medical malpractice.

Wrongful death lawsuits may also arise from medical malpractice cases. If a patient dies due to the healthcare provider’s negligence, the patient’s surviving family members may be able to file a wrongful death lawsuit to seek compensation for their loved one’s death. In addition, medical malpractice may also involve product liability. For example, if a medical device or medication causes harm to a patient due to a defect, the patient may be able to file a product liability lawsuit against the manufacturer or distributor of the product.

If you or a loved one has been the victim of medical malpractice in Florida, it’s important to familiarize yourself with the following essential steps to take when filing a medical malpractice lawsuit:

Step 1: Consult with a Medical Malpractice Attorney

The first step in filing a medical malpractice lawsuit is to consult with a qualified medical malpractice attorney. Medical malpractice cases can be complex and challenging to prove, so it’s essential to have an experienced attorney on your side to guide you through the process. A medical malpractice attorney can help you understand your legal rights, gather evidence, and represent you in court.

Step 2: Obtain Medical Records

Your medical records are essential pieces of evidence in a medical malpractice lawsuit. Your attorney will need to review your medical records to determine whether medical malpractice occurred. You can obtain copies of your medical records from the hospital or medical facility where you received treatment.

Step 3: Get an Expert Opinion

In Florida, you’ll need to have an expert witness testify in your case to establish that the healthcare provider breached the standard of care. Your attorney can help you find a qualified expert to review your case and provide an opinion on the standard of care and whether it was breached.

Step 4: File a Notice of Intent to Sue

Before you can file a medical malpractice lawsuit in Florida, you must provide notice of intent to sue. This notice must be sent to the healthcare provider or facility at least 90 days before the lawsuit is filed. The notice must include a written statement of the facts and circumstances surrounding the claim, the damages you suffered, and the names of all healthcare providers involved in your care.

Step 5: File a Complaint

If the healthcare provider or facility does not respond or refuses to settle, your attorney can file a medical malpractice lawsuit. The lawsuit must be filed in the county where the alleged medical malpractice occurred. Your attorney will file a complaint that outlines the facts of the case, the damages you suffered, and the legal theories under which you are filing the lawsuit. 

Step 6: Discovery

During the discovery phase of a medical malpractice lawsuit, both sides gather evidence and information to build their case. This can include depositions, written interrogatories, and requests for documents. The discovery phase can take several months, a year, or more.

Step 7: Settlement or Trial

After the discovery phase, your attorney will attempt to settle the case with the healthcare facility. Many medical malpractice cases settle before they go to trial. If a settlement cannot be reached, the case will go to trial, where a judge or jury will hear evidence and decide whether the healthcare provider breached the standard of care and caused your injury.

The process of filing a medical malpractice lawsuit in Florida can be lengthy and complex, but with the right attorney on your side, you can seek the compensation you deserve for your damages.

Contact DLopez Law Firm Today For a Free Consultation About Your Medical Malpractice Lawsuit

When it comes to medical malpractice, we at DLopez Law Firm know firsthand the devastation that can be caused to both the victim and their loved ones. Our experienced attorneys are dedicated to helping victims of medical malpractice seek the compensation they deserve. We have a deep understanding of the legal and medical complexities involved in medical malpractice cases, and we have a proven track record of success in obtaining favorable outcomes for our clients. 

If you or a loved one have been the victim of medical malpractice in Florida, don’t wait to seek legal help. Contact us today for a free consultation, and let us fight for your rights, protect your future, and secure the compensation you deserve.