Filing a medical malpractice lawsuit in Florida can feel overwhelming, especially when dealing with every other aspect of the injury caused by medical negligence. In Tampa and across the state of Florida, the legal system provides very specific guidelines and requirements for medical malpractice claims. At Hunter Law, we work with you to understand these steps and help ensure that you meet critical deadlines. This article discusses the process and what you need to know to file a successful medical malpractice claim.
What Is Medical Malpractice?
Medical malpractice happens when your healthcare provider’s negligence results in harm to you as the patient. This type of negligence might be due to a failure to provide appropriate treatment, a mistake during surgery, or perhaps a misdiagnosis. Under Florida Statute § 766.102, negligence must be proven based on a violation of the accepted standard of care. This standard refers to the level of care that a reasonably skilled and competent healthcare professional would have provided in similar circumstances.
Steps To File a Medical Malpractice Lawsuit
As mentioned, to file a medical malpractice lawsuit, the top injury lawyers at Hunter Law follow very particular legal steps. This helps us make sure your claim is valid and timely. Each step is put in place to protect your rights while allowing healthcare providers to respond as needed. Following are the specific steps that serve as a guide when you file a medical malpractice lawsuit.
1. Make Sure You Have a Clear Understanding of Florida’s Statute of Limitations
Under Florida Statute § 95.11, you are allowed a two-year statute of limitations for filing a medical malpractice claim. That means your lawyer for medical malpractice must file your claim within two (2) years of discovering the injury or when you reasonably should have discovered it. Additionally, even if you discover your injury later, if it has been more than four (4) years from the date of harm or negligence, you cannot file a claim. The only exception is a claim based on evidence of fraud or concealment.
2. Work With a Tampa Medical Malpractice Lawyer for a Pre-Suit Investigation
Florida law requires a pre-suit investigation before you can officially file a lawsuit. During this investigation, conducted by the best medical malpractice lawyers in Florida, we will gather medical records, review all of the details of your case, and obtain a written opinion from a qualified medical professional. As part of Florida Statute § 766.203, the expert must affirm that your injury was caused by medical negligence. The goal is to prevent frivolous lawsuits and check that filed claims are valid before proceeding to the next steps.
3. Your Tampa Medical Malpractice Lawyer Issues a Notice of Intent to Sue
Once the pre-suit investigation is complete, we provide the healthcare provider with a Notice of Intent to Initiate Litigation. This must be sent through certified mail and includes the affidavit from the medical expert. The healthcare provider then has 90 days to respond to the notice. The statute of limitations is paused during this period.
4. Response From the Healthcare Provider in Tampa, FL
During the 90-day period, the healthcare provider and their insurance company may investigate the claim further. They can choose to settle, admit liability, or deny the claim. If they decide to make you a settlement offer, you have 50 days to either accept or reject it. If no resolution occurs after 90 days, you can move forward with filing your medical malpractice lawsuit in court.
Florida’s Damage Caps for Medical Malpractice Lawsuits
While the Florida Supreme Court struck down non-economic damage caps in 2017, punitive damages are still capped for medical malpractice lawsuits. Under Florida Statute § 768.73, punitive damages are limited to three times the amount of compensatory damages or $500,000, whichever is greater. These damages are only awarded when we can prove that gross negligence or intentional misconduct caused your injury.
How Can a Tampa Medical Malpractice Lawyer Help?
Florida’s medical malpractice laws can be challenging without proper legal guidance. An experienced attorney for medical malpractice from Hunter Law can help you gather evidence, obtain expert medical opinions, and ensure all procedural requirements are met. Working with one of the best medical malpractice lawyers in Florida increases your chances of a successful claim.
Protect Your Rights With a Medical Malpractice Lawyer in Tampa
Filing a medical malpractice lawsuit in Tampa, Florida, requires fully understanding the state’s legal requirements and timelines. From the statute of limitations to the pre-suit investigation, each step is crucial to building a solid case. If you’re facing the impact of medical negligence, we want to help you get the compensation you deserve. At Hunter Law, we are here to guide you every step of the way. Contact us today to schedule a consultation.