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Filing a medical malpractice lawsuit is a complicated legal matter, requiring a thorough understanding of both Florida medical malpractice laws and what the standard of care expected of medical professionals entails. These cases are highly technical and often require expert medical testimony, so working with a knowledgeable West Palm Beach medical malpractice lawyer is essential
Once your lawyer determines you have a solid medical malpractice case, you can expect the rest of the process to proceed as follows. The details of your claim will be unique, but there is a set protocol for handling personal injury claims like this in Florida.
Pre-lawsuit investigation
Per Florida law, plaintiffs must first complete a pre-suit investigation to validate their medical malpractice claim. A medical expert reviews the nature of your complaint and your medical records. If they determine that your injuries were due to medical malpractice or medical negligence, they sign an affidavit affirming so.
Your medical records are integral to determining whether you have a case. Give your lawyer copies of everything, including your medical history, as your medical history may be relevant to assessing whether the provider made an appropriate diagnosis. You may also be required to undergo an examination by the medical expert who will be submitting the affidavit, or by another specialist, to affirm the extent of your injuries.
It’s important to move quickly in these matters, as there is a two-year statute of limitations to file suit (the four-year statute of repose may apply in some situations). You can’t file a formal medical malpractice lawsuit in Florida until this pre-suit process is completed.
Provide notice of intent to sue
Before you file a medical malpractice lawsuit in Palm Beach County civil court, you and your lawyer must notify the defendant(s) of your intent to sue. This may be a doctor, surgeon, nurse, or the hospital or other health care facility where the botched service was provided. Florida medical malpractice tort laws require that this notification include the medical expert’s signed affidavit of merit.
The filing of the notice of intent initiates a 90-day discovery phase, in which both sides exchange information, such as your total medical expenses, testimony from an expert witness on the course of treatment to correct the damage done by malpractice, and other information. There may be settlement negotiations during this time, and if the defendants and their insurance companies offer fair compensation, your case may never go to trial.
File a medical malpractice lawsuit
If the defendant doesn’t propose an acceptable settlement offer, then you can file your lawsuit in civil court. Your complaint lists the facts of the case and the nature of the malpractice. It details the extent of your medical malpractice damages, including material losses like medical bills and lost wages from time missed at work, and non-economic damages, like pain and suffering from the injuries and emotional trauma from the ordeal.
Once the lawsuit is filed, there is a pre-trial discovery period, in which each side builds a compelling case. You may be deposed (questioned under oath) by the defendant’s lawyer. Your own medical malpractice attorney will also conduct depositions, solicit the testimony of medical experts, and gather other evidence to support your position.
Settlement negotiations may occur at any point during the pre-litigation process. You may attend mediation, an alternative dispute resolution process aimed at achieving a fair compromise. Don’t worry, you’re permitted to have your lawyer advise you in mediation and negotiate on your behalf.
Trial in the county civil court
If a settlement isn’t reached, or if your lawyer believes that punitive damages are warranted, then your case proceeds to trial. Each side presents evidence and questions the evidence of the other side. A jury decides who wins, and, if they decide for the plaintiff, determines a fair amount of damages.
Punitive damages are punishing in nature, rather than compensatory. Not all medical malpractice cases are eligible for a punitive damages award; these are usually awarded in situations where the defendant’s actions were egregiously negligent (such as operating on a patient while under the influence of drugs or alcohol) or to set an example to other healthcare providers who may be tempted to cut corners with patient safety (such as a hospital that failed to properly vet its doctors).
Only juries award punitive damages; these typically aren’t part of a negotiated settlement, as most defendants won’t willingly impose fiscal punishment on themselves, in addition to the damages they pay.
A jury’s decision is usually final, although a judge must approve their verdict.
Talk to a Florida medical malpractice lawyer today
Starting a medical malpractice lawsuit is complex, but you don’t have to do it alone. An experienced attorney can help you understand your options and build a strong case.
Have you suffered harm or injury due to medical negligence? We have a strong history of successful malpractice settlements, and we want to hear your story. Please contact Lytal, Reiter, Smith, Ivey & Fronrath today at (561) 655-1990 for a free consultation with an experienced medical malpractice attorney.