To file a medical malpractice lawsuit in Florida, you must meet the pre-suit requirements found in Chapter 766 of the Florida Statutes, including:
- Undergoing an investigation
- Submitting an expert opinion showing a breach of the standard of care
- Providing notice to potential defendants of a lawsuit
- Waiting for 90 days after providing notice to allow the defendant time to investigate before filing suit.
These claims are different from other personal injury cases because of these requirements.
The Tampa medical malpractice lawyers at Diaco Law are uniquely qualified to guide you through these cases because our team includes Dr. Dan Diaco, one of just a few attorneys in the U.S. who is also a physician.
Dr. Diaco’s medical knowledge, combined with the team’s collective experience representing medical malpractice victims for over 35 years, helps to ensure we can move your case forward. Just call to schedule a consultation with a Florida medical malpractice lawyer or read on to learn more about how to file your claim.
1. Act Within the Statute of Limitations
Under Florida Statutes § 95.11(5)(c), you must file a medical malpractice claim within two years from the time of the malpractice incident, or two years from the time the incident was discovered or should have been discovered with the exercise of due diligence.
However, the statute states that “in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday.”
This means the maximum time you have to pursue a case is typically four years from when the medical mistake happened, unless a child was the victim.
2. Obtain a Medical Expert Affidavit
Under Florida Statute § 766.203(2), you must have a verified written medical expert opinion confirming there are reasonable grounds to support the claim.
Your attorney should conduct an investigation in consultation with the medical expert to demonstrate this.
3. Serve a Notice of Intent to Sue
Florida Statutes § 766.106 requires pre-suit notice to all potential defendants of plans to file a lawsuit for medical negligence. Specifically, you have to send a Notice of Intent to Initiate Litigation.
Your notice must include:
- A list of known health care providers who treated or evaluated you during the two years before the alleged medical negligence as well as providers who subsequently treated you for the injuries suffered due to the malpractice you’re claiming occurred
- The alleged act of negligence
- The medical expert affidavit
- Copies of the medical records the expert relied on to sign the affidavit
The notice must be delivered by verifiable means, such as certified mail, by the post office with return receipt requested, or by someone authorized by law to serve process.
4. Observe the 90-Day Pre-Suit Period
After you’ve served the defendants with notice, there is a 90-day waiting period. This gives the defendants time to investigate the claim.
Often, during this time, the defendants will begin settlement negotiations. They may also offer to submit the claim to binding arbitration or may deny liability, so you’ll have to sue to pursue justice.
5. File a Formal Complaint
You can file a formal lawsuit after 90 days. Typically, you’ll do this when the defendants deny your claim or when you can’t agree on a settlement.
This process involves filing a formal complaint in the Florida circuit court in the correct jurisdiction based on where the malpractice happened. The defendant will be served with a summons.
How to Get Started
Medical malpractice cases can be very complicated, and if you fail to take the right steps or don’t complete all the paperwork correctly, you could jeopardize your right to pursue a claim.
That’s why it’s so important to get legal help from an experienced attorney at Diaco Law who can manage these steps for you.
At Diaco Law, our attorneys will take all of the required steps in filing a lawsuit, including:
- Obtaining medical records and working with a qualified medical professional to submit a supporting affidavit
- Submitting a formal Notice of Intent to Initiate Litigation to all defendants
- Completing the 90-day pre-suit waiting period
- Filing your claim within the two-year statute of limitations under Florida law (and no later than four years from the time of the incident, if you didn’t discover the medical negligence right away)
- Proving the healthcare provider was negligent, or that their care fell below the accepted professional standard and they caused you harm because of it.
Call us today to get started on these steps and to begin building a strong case.