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What to Know Before Filing a Medical Malpractice Claim in Florida

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When you experience injury due to a failed medical procedure, incorrect prescription, or anything else medical practice-related due to another’s negligence or recklessness, you are eligible to file a claim and receive damages. The negligent third party can range from anyone expected to provide you with proper medical care, whether a nurse, doctor, telehealth advisor, or another party. 

The side effects of a negligent medical treatment can range in severity and must be taken seriously. If you believe you have fallen victim to negligent care, it is vital you contact a dedicated and knowledgeable personal injury lawyer as soon as possible. With years of experience, the team at McPherson & Thomas, P.A. will immediately begin investigating your case and building your claim. 

4 Things to Know Before Filing a Medical Malpractice Claim in Florida

When filing a medical malpractice claim in the Sunshine State, it’s important to be informed of your options and what the process entails. Four things to keep in mind include: 

The Statute of Limitations

When you are injured due to a medical professional’s recklessness, the injuries can take a while to present themselves. For example, if you have been prescribed the wrong medication, it may take a few months to identify side effects. The current statute of limitations in Florida for general negligence is two years, meaning you have two years from the date of injury to file a claim for damages. In cases where the side effects are prolonged or take a lengthened period of time to expose themselves, you have from the date of first knowing you were incorrectly treated. 

If you aren’t certain about when this date would be or are unsure whether or not you have surpassed your legal deadline, a qualified attorney can help investigate and determine your eligibility to file a claim. 

Presuit Requirements

Florida currently has strict presuit requirements that must be adhered to prior to filing your medical malpractice claim. Specifically, Section 7666.106 of the Florida Statutes outlines the precise steps that must be followed, starting with: 

“[The] claimant shall notify each prospective defendant of intent to initiate litigation for medical negligence by at least one of the following verifiable means:

1. United States Postal Service certified mail, return receipt requested;

2. United States Postal Service mail with a tracking number;

3. An interstate commercial mail carrier or delivery service; or

4. Any person authorized by law to serve process.”

This will be followed by an evidentiary hearing, a presuit investigation period, and possibly a pretrial screening panel conducted by a medical review committee. From this point, after a good faith investigation, the claimant will be offered a response as to whether or not they may proceed to the filing process. For any questions about specific statutes or proceedings, your personal injury lawyer is there to help clarify. 

What Compensation You Can Receive 

For medical malpractice cases, the victim is eligible for both economic and non-economic damages, meaning financial coverage for items such as medical bills, lost wages, and pain and suffering. Specifically, economic damages are there to cover measurable and tangible losses, such as the cost of rehabilitation, hospital visits, and lost wages due to missed work. 

Noneconomic damages will cover losses not so easily financially calculated, like loss of consortium, anxiety, depression, and additional pain and suffering as a direct result of your medical malpractice accident. 

How an Attorney Can Help

When you hire an attorney, you are partnering with a professional to investigate and build your claim up while you recover and rest. An attorney will work on gathering evidence of medical malpractice on your behalf, including testimonies, medical records, relevant photos, and video documentation. 

With this evidence, your attorney will demonstrate the medical provider owed you a standard of care that was breached. This breach, in turn, directly resulted in your injuries. An attorney will fight for a settlement much higher than the insurance companies would give you, which is typically insufficient to cover basic losses. 

Looking to File a Medical Malpractice Claim? We Can Help Today

McPherson & Thomas, P.A. is a personal injury law firm that treats our clients like family. From the very first consultation, we ensure your story is being heard with compassionate ears and treated seriously and with the attention it deserves. With over 25 years of experience, we are prepared to fight for every single penny you need to start fresh. 

We have helped past clients receive hundreds of thousands of dollars in compensation, and we would love to do the same for you. For a free consultation today, give us a call at (727) 848-8892 or fill out our contact form.

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