What to Do Before You File a Medical Malpractice Lawsuit
It might seem like you are always seeing reports in the news about plaintiffs winning damages awards in the six figures, or even more, in medical malpractice lawsuits, but these cases are the exception to the rule. Most medical malpractice cases do not go to trial, and when they do, the court often rules in favor of the defendant. Medical malpractice cases are among the cases with the highest risk of the court issuing a summary judgment in favor of the defendant, that is, rejecting the plaintiff’s lawsuit before the parties even have a chance to present their evidence. An even more common scenario, though, is that the case will settle before the plaintiff even files the lawsuit in court. Even though the chances that your case will go to trial are slim, you must follow all the detailed rules about pre-lawsuit procedures for medical malpractice cases, so that you do not jeopardize your chance of winning in the unlikely event that your case goes before a judge. For help meeting all the legal requirements in a medical malpractice case, contact a Fort Lauderdale medical malpractice attorney.
The Pre-Suit Procedures for Medical Malpractice
The statute of limitations, that is the legal deadline, for filing a medical malpractice lawsuit, is several years after the medical error occurred, but it is never too soon to meet with a medical malpractice lawyer. In fact, you should contact a lawyer as soon as you find out that a doctor or other healthcare employee made an error that made your health worse. These are the steps you must take before you file a medical malpractice lawsuit, and failure to do so will result in the court rejecting your lawsuit outright:
- Your lawyer seeks the professional opinion of a physician in the same subspecialty of medicine as the one that caused your injury. For example, if your injury resulted from an error by a gastroenterologist, your lawyer consults another gastroenterologist who has never treated you. This doctor reviews your relevant records and writes a statement, known as a “verified written medical expert opinion,” explaining how your doctor’s actions deviated from the standard of care and amounted to malpractice.
- Your lawyer composes a “Notice of Intent to Initiate Litigation for Medical Negligence” and attaches the doctor’s verified written medical expert opinion to it. Your lawyer files one copy with the court and sends another copy to the defendant. If there are multiple defendants, they each get a copy.
- Over the next 90 days, your lawyer and the defendants’ lawyers request more information from each other. At the end of the 90 days, they can begin negotiating settlement offers or decide to bring the case before a judge, in which case your lawyer files the lawsuit in court.
Set Up a Consultation Today
A personal injury lawyer can help you if you suffered injuries arising from an error by a healthcare practitioner. Contact Boone & Davis in Fort Lauderdale, Florida or call 954-566-9919 to explore your potential recovery options today.
Source:
law.justia.com/cases/florida/fourth-district-court-of-appeal/2019/19-1868.html
