In Florida, before filing a medical malpractice lawsuit, certain pre-suit requirements must be met, designed to ensure that claims have merit and to facilitate the resolution of disputes without lengthy litigation. These pre-suit requirements involve a series of steps:
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Pre-suit Investigation: The process begins with a mandatory investigation to ascertain reasonable grounds for the claim, involving obtaining a written opinion from a qualified medical expert (often called a "pre-suit expert affidavit") that there is evidence of medical negligence. This affidavit must detail the expert's qualifications and their opinion regarding the standard of care and how it was breached, leading to the plaintiff's injuries.
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Notice of Intent: After the pre-suit investigation, a "notice of intent" to sue must be served on each prospective defendant, at least 90 days before filing the lawsuit. This notice should include detailed information about the claim, including the names of all involved healthcare providers, medical records, a health information release form, and the expert affidavit specifying the alleged negligence.
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90-Day Pre-suit Period: Upon serving the notice, a 90-day pre-suit period begins, during which time the parties engage in document exchanges, review medical and financial records, and conduct unsworn statements similar to depositions. The defendant also conducts their investigation to assess the claim's validity.
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Response from the Defendant: After their investigation, the defendant has several options: they can reject the claim, make a settlement offer, or admit fault and propose arbitration on damages. If the claim is rejected, the plaintiff is free to proceed with filing the lawsuit. If arbitration is suggested, it may limit the damages recoverable, particularly for pain and suffering.
These pre-suit requirements are intended to reduce frivolous lawsuits, encourage settlements, and streamline the legal process in medical malpractice cases. Failure to comply with these steps can lead to the dismissal of the lawsuit, underscoring the importance of following these procedures meticulously. For detailed assistance and navigation through this process, consulting with a qualified Florida medical malpractice attorney is highly recommended.
You can reach Medical Malpractice Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.
