FAQ: How to Sue for Medical Malpractice in Florida

How Do I Sue for Medical Malpractice in Florida?

Suing for medical malpractice in Florida typically involves filing a claim with the healthcare provider’s insurance company. Most healthcare providers have medical malpractice insurance, which compensates patients and their families when medical errors occur.

What Is a Notice of Intent, and Why Is It Important?

Before you can file a medical malpractice lawsuit in Florida, you must submit a “notice of intent.” This is a formal notification to the healthcare provider that you intend to pursue a malpractice claim. It’s required by Section 766.106 of the Florida Statutes. Properly submitting this notice is crucial, as mistakes can lead to delays or complications in your case. An experienced medical malpractice attorney can handle this step for you.

What Happens After I Submit the Notice of Intent?

After submitting the notice of intent, the healthcare provider and their insurance company have a set period to respond. They may choose to settle the claim out of court. If no settlement is reached, you can proceed with filing a formal lawsuit. Your attorney will gather evidence, such as medical records and expert testimony, to build a strong case.

What Are Common Types of Medical Malpractice?

Common types of medical malpractice that may lead to a lawsuit include:

• Misdiagnosis: Incorrectly diagnosing a condition, resulting in improper or delayed treatment.
• Medication Errors: Prescribing the wrong medication or dosage, causing harm.
• Surgical Errors: Mistakes during surgery, like operating on the wrong part or leaving instruments inside the patient.
• Failure to Monitor: Not properly monitoring a patient’s condition, leading to preventable complications.

What Is the Statute of Limitations for Filing a Medical Malpractice Lawsuit in Florida?

In Florida, the statute of limitations for filing a medical malpractice lawsuit is generally two years from the date the malpractice occurred or from when it was discovered or should have been discovered. However, there are certain circumstances that may extend or shorten this timeframe. It’s important to consult with an experienced medical malpractice lawyer to ensure you file your claim within the required time limits.

Why Should I Hire a Medical Malpractice Attorney?

Navigating a medical malpractice case can be complex and time-consuming. An experienced attorney will guide you through the legal process, help you gather evidence, and work to ensure you receive fair compensation for your injuries. They will also make sure your case is filed within the appropriate deadlines to avoid any legal complications.