When you have been the victim of medical negligence, you may be able to pursue a medical malpractice claim. However, there are specific requirements you must fulfill in Florida to move this case forward and get your chance to pursue justice.
Diaco Law can help with your claim, working with you to ensure you complete the legal requirements and build the strongest case possible. We have decades of experience in these types of cases, have recovered millions, and even have a doctor, Dr. Dan Diaco, on the team who is both a physician and an attorney.
To find out more about how we can help you, give us a call or contact us online today to schedule a free consultation with a Tampa medical malpractice lawyer. You can also read on to learn about the steps you need to take in your malpractice case.
1. Get Prompt Medical Care and Document Your Damages
Prioritizing your health is essential, so be sure to get medical care as soon as possible if you believe you’ve been the victim of a medical mistake. Getting prompt treatment can often minimize the damage caused by your doctor’s failures.
You can also document what went wrong and how you were harmed, so you can prove medical negligence and demonstrate your damages.
2. Obtain the Required Medical Records
You must prove that your doctor failed to fulfill the required standard of care in order to successfully pursue a malpractice claim. This hinges on technical evidence of your doctor’s acts or omissions, so you will need your medical records.
You can request your records on your own or get help from an attorney to obtain the documents providing insight into your care.
3. Contact a Medical Malpractice Attorney
Medical malpractice claims are complicated, and the rules for filing suit in Florida require you to jump through numerous hurdles to be able to sue.
You should get legal help early in the process so you have an advocate to help you meet deadlines, obtain records, and go through the administrative steps necessary to file a lawsuit.
4. Get an Affidavit from an Expert
Florida Statute § 766.203(2) requires you to obtain a corroborating affidavit from a medical expert attesting to the fact that there is reasonable cause for your claim.
This means a qualifying medical expert must review your medical records and other evidence and affirm that there are reasonable grounds to believe that the named defendant was negligent in your care and that the negligence resulted in injury. They must provide a verified written medical expert opinion you can submit with your required pre-litigation notice.
Diaco Law has a network of medical experts who can help you prepare this documentation so you can move your claim forward.
5. Provide the Required Pre-Litigation Notice
You are required to provide notice to defendants before you file a medical malpractice lawsuit in Florida.
All defendants you’re taking action against, including the doctor and hospital, must be provided with this notice along with the affidavit form from a medical professional and a medical-information authorization to allow the release of protected health information.
You should move forward quickly to provide this so your claim isn’t delayed and so you can ensure you’re able to file your lawsuit within the Florida statute of limitations.
The pre-suit notification also starts the 90-day pre-suit screening period that is necessary before a lawsuit can be officially filed. While this tolls the statute of limitations, you still don’t want unnecessary delays.
6. Move Your Case Forward
Diaco Law will help you to take these steps and will assist you in building the strongest malpractice claim possible so you can pursue justice.
Give us a call or contact us online today to schedule your free consultation with a Florida medical malpractice lawyer to find out how we can help you.