At Lytal, Reiter, Smith, Ivey & Fronrath, we handle a wide variety of cases and seek justice for victims of elder abuse, premises liability, and car accidents, to name a few. We also represent victims of medical malpractice who have suffered at the hands of negligent doctors, nurses, and other medical staff.
One of the most commonly heard questions our medical malpractice lawyers receive is, “Do I have a case for medical malpractice?” It’s a good question to ask, and not always easy to answer.
The Presuit Process
Unlike other personal injury cases such as auto accidents or slip-and-fall injuries, the state of Florida requires medical malpractice victims to go through a “presuit process” as outlined in Florida Statutes Chapter 766 Section 106.
The presuit process requires the following:
- Conduct a presuit investigation that includes expert witness interviews
- Notify each prospective defendant by certified mail of the intent to sue for medical negligence that includes (if available) the following:
- A list of all known health care providers seen by the victim for the injuries complained of subsequent to the alleged act of negligence
- All known health care providers during the two-year period prior to the alleged act of negligence who treated or evaluated the claimant
- Copies of all of the medical records relied upon by the expert in signing the affidavit
- The executed authorization form
3. A presuit investigation by the prospective defendant
Before you and your medical malpractice lawyer can file suit, the prospective defendant has 90 days to investigate the claim.
When pursuing a Florida medical malpractice lawsuit, you must have a highly skilled lawyer who is familiar and knowledgeable in the presuit process.
How to Establish Medical Malpractice
Once we’ve cleared the first hurdle which is the presuit process, our medical malpractice lawyers will take steps to establish the following:
- You were in the care of a doctor or another medical professional that owed you a duty of care
- The medical professional’s actions were negligent or wrongful and breached their duty of care
- The medical professional’s negligent or wrongful actions caused your injury or the death of a loved one
- The injury sustained resulted in damages that can be recovered in a court of law
Proof of these four elements is required in a successful medical malpractice case.
Do I have a case for medical malpractice?
If you are unsure of whether or not you have a case for medical malpractice, don’t hesitate to speak with an attorney. The best thing you can do for yourself after being victimized by a medical professional’s negligence is consult with a leading medical malpractice lawyer.
By waiting or seeking the guidance of a less experienced lawyer, you run the risk of the statute of limitations expiring or receiving an incorrect evaluation of the case.
Speak with a Skilled Florida Medical Malpractice Lawyer Today
As a victim of medical malpractice, it is your right to pursue legal action to recover damages for your injury. However, you’ll need the help of an experienced and highly qualified Florida medical malpractice lawyer to navigate the presuit process and prove breach of duty on the doctor’s part.
At Lytal, Reiter, Smith, Ivey & Fronrath, we pride ourselves on aggressively seeking justice on behalf of our clients. Call us today at 561-655-1990 to schedule your risk-free case evaluation. We look forward to hearing from you.