Dealing with the aftermath of medical malpractice can be overwhelming and confusing. Florida's complex malpractice laws can make it challenging for victims to navigate the legal process and obtain the compensation they deserve. In this blog post, we'll discuss five essential steps to take after experiencing medical malpractice in Florida. By following these steps, you can better protect your rights and ensure a successful outcome for your case.
1. Obtain a copy of your medical records
After experiencing medical malpractice, it's crucial to obtain a copy of your medical records as soon as possible. These records will serve as evidence in your case and help your attorney determine the extent of your injuries and the potential negligence involved. Under HIPAA regulations, you have the right to access your medical records, and your healthcare provider must provide them within 30 days of your request.
2. Consult with a qualified medical malpractice attorney
Florida's medical malpractice laws are complex and require a thorough understanding of both legal and medical issues. It's essential to consult with an experienced medical malpractice attorney who can guide you through the process and ensure your rights are protected. At Gunn Law Group, our team of skilled attorneys specializes in handling medical malpractice cases and is well-versed in Florida's specific laws and regulations.
3. Determine if you have a valid medical malpractice claim
In Florida, a medical malpractice claim must meet certain criteria to be considered valid. These criteria include:
- A healthcare provider-patient relationship existed
- The healthcare provider breached the standard of care
- The breach of the standard of care caused the patient's injury
- The patient suffered damages as a result of the injury
Your attorney will help you determine if your case meets these criteria and advise you on the best course of action.
4. Comply with Florida's pre-suit investigation process
Before filing a medical malpractice lawsuit in Florida, you must first go through a mandatory pre-suit investigation process. This process, outlined in Florida Statute 766.106, requires your attorney to gather evidence and consult with a qualified medical expert to determine if there is a reasonable basis for your claim. Once this process is complete, your attorney will provide a notice of intent to initiate litigation to the healthcare provider, and the provider will have 90 days to respond.
5. File a medical malpractice lawsuit
If the pre-suit investigation process confirms that you have a valid medical malpractice claim, your attorney will proceed to file a lawsuit on your behalf. In Florida, you generally have two years from the date of the incident or the discovery of the injury to file a medical malpractice lawsuit. However, there are exceptions and nuances to this rule, so it's essential to consult with an attorney as soon as possible to ensure your case is filed within the appropriate timeframe.
Experiencing medical malpractice can be a traumatic and life-altering event. By taking these five steps and working with an experienced medical malpractice attorney like the team at Gunn Law Group, you can navigate Florida's complex malpractice laws and obtain the compensation you deserve. Contact us today for a free consultation and let us help you through this difficult time.