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Pre-Suit Requirements for Florida Medical Malpractice Claims


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When a medical provider has injured you, you might be wondering if you have grounds to file a malpractice claim. The two main questions that will help you determine whether you’re eligible to file a claim are:

  • Were you injured because of substandard or negligent medical care?
  • Did you suffer damages because of that poor treatment?

If you answered yes to both questions, then you should be eligible to file a medical malpractice claim.

Pre-Suit Investigation Requirements

If you believe that you’re eligible, the next step before you can file your claim is to begin a pre-suit investigation. Florida is unique in that it is a requirement that you provide evidence that you have grounds for a case before you can file your actual case. A medical malpractice attorney can handle all of this on your behalf.

The pre-suit investigation is intended to show that:

  • The medical practitioner was negligent in the medical care or treatment provided to the claimant.
  • The negligence resulted in injury for the claimant.

In order to prove your case, you will need to have a medical expert provide a statement that he or she does believe you were injured because of medical negligence and that the injury resulted in losses for you.

Pre-Suit Notice

Before you can file a claim, Florida law requires that you notify the defendant(s) that you intend to file a lawsuit. This notice will begin a timeframe of 90 days in which the defendant (the medical provider) can perform an investigation of their own into your claim to determine whether any wrongdoing occurred.

At that point, the defendant can reject your claim, offer you a settlement, or admit blame and make an offer to arbitrate. You can choose to accept a settlement, agree to arbitration, or take your claim to court.

During the investigation stage of the claim process, there are several other steps that you must submit to. These include the following:

  • You may be asked to make unsworn statements.
  • You may be asked to provide discovery or things, such as any documents that pertain to your case.
  • You may be required to submit to a reasonable physical or medical exam by a healthcare professional.
  • You may be asked to provide written answers to written questions.
  • The defendant may have your healthcare providers interviewed.

If you don’t submit to these pre-suit requirements as part of the investigation process, you run the risk of having your claim thrown out and losing the opportunity to seek compensation for your losses.

Make the Choice to Work with an Experienced Medical Malpractice Lawyer

Florida has quite a few extra steps when filing a medical malpractice case, and these steps can be difficult to follow if you don’t have experience with medical negligence cases.

Your lawyer with the Law Offices of Casey D. Shomo handles malpractice claims on a regular basis, and they will know how to follow all of the pre-suit requirements to ensure that you are in compliance.  

You deserve to receive full compensation for injuries sustained because of the carelessness of a medical provider. Make sure you get a payout by working with an attorney from our firm. Reach us at 561-659-6366 or submit the contact form on this page.

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