“Pre-Suit Investigations” In Florida Medical Malpractice Cases

Medical malpractice cases in Florida tend to be high-pressure affairs; no medical professional wants to admit fault, while injured patients simply want the care they deserve. The medical lobby in Florida is quite powerful, helping to push for several measures passed into law that help to insulate medical professionals from malpractice claims. In order to mount a valid claim for medical negligence in Florida, the average person must conduct an extensive pre-suit investigation, including speaking to experts, before a case even begins.

Several Hoops To Jump Through

There are two occasions on which an injured patient might need the services of an expert witness when dealing with medical malpractice. The one most people think of is during trial, where an expert witness might testify as to the nature of the plaintiff’s injuries. However, in Florida, before one can even file suit for medical malpractice, the injured plaintiff must be able to establish that their claim is not frivolous, and to do that, an affidavit from a medical expert must be obtained.

While it may not have been the intent of the legislature to do so, these stringent requirements often put injured plaintiffs off of filing suit, even if it would be warranted to do so. Florida law requires not only the expert affidavit, but also:

• A Notice of Intent to file suit, sent to all possible defendants;
• A 90-day waiting period, ostensibly to permit defendants to investigate the claim;
• “Pre-suit discovery;” and
• Extensions are granted liberally if more time is asked for.

All this must be accomplished before the expiration of Florida’s statute of limitations expires, which is two years from the date of the injury in most cases. In theory, the process only takes 90 days, but even that can feel intimidating to an injured person.

Don’t Go It Alone

While some people attempt to file this type of lawsuit themselves, the complexity involved in these cases generally necessitate the services of a knowledgeable attorney. They can help fulfill the criteria of the pre-suit investigation, in particular, finding an expert witness who may be able to provide the required affidavit. There is an extensive list of qualifications that a viable expert must possess, with the bare minimum being 3-5 years of expertise in the same field as the medical professional who allegedly injured you.

One thing to be aware of, even with the right attorney, is that the state of tort reform in Florida is often in flux. For example, damage caps on non-economic medical malpractice damages (that is, on damages that cannot be easily quantified, such as pain and suffering) were abolished in 2017, but there have been rumblings of discontent ever since. If you have a potential medical malpractice case to file, it is a good idea to enlist an attorney and start the process before the statute of limitations bars your claim.

Call An Orlando Medical Malpractice Attorney

While the process of filing a medical malpractice claim in Florida can feel very overwhelming to an injured person, an Orlando medical malpractice attorney from the Hornsby Law Group can stand up for your rights and ensure you get your day in court. Call our office at (407) 499-8887 today to schedule a consultation.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0766/Sections/0766.203.html