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Navigating the Florida Medical Malpractice Claims Process: Key Considerations

Medical malpractice is a serious issue that can have devastating consequences for patients and their families. In Florida, the process of filing a medical malpractice claim can be complicated and overwhelming. To help you successfully navigate this process, we have compiled a list of our top 5 tips for handling a Florida medical malpractice claim.

1. Understand the Florida Medical Malpractice Statute of Limitations

In Florida, the statute of limitations for medical malpractice claims is generally two years from the date of the incident or from the date the injury was discovered or should have been discovered. However, there are some exceptions to this rule, such as cases involving minors or cases where fraud or concealment is involved. It is crucial to consult with an experienced attorney to determine the specific timeline for your case. For more information on the Florida statute of limitations, visit the Florida Senate website.

2. Gather All Relevant Medical Records and Documentation

When pursuing a medical malpractice claim, it is essential to have all relevant medical records and documentation to support your case. This includes medical records from the healthcare provider who caused the injury, as well as any subsequent treatment records. Additionally, you should gather any invoices or billing statements related to the medical care you received. This documentation will be crucial in proving your case and calculating damages.

3. Consult with a Qualified Medical Expert

Florida law requires that a medical expert provide an affidavit stating that there is a reasonable basis for your medical malpractice claim. This expert must be a licensed healthcare professional who practices in the same field as the defendant. They will review your medical records and provide an opinion on whether the healthcare provider breached the standard of care and if that breach caused your injury. The Florida Bar Association offers resources to help you find a qualified medical expert.

4. Be Prepared for the Pre-Suit Investigation Process

Before filing a lawsuit for medical malpractice in Florida, a pre-suit investigation process must take place. This process includes notifying the healthcare provider of your intent to sue and providing them with all relevant medical records and documentation. The healthcare provider then has 90 days to conduct their own investigation and either deny the claim, offer a settlement, or agree to arbitration. During this time, it is essential to work closely with your attorney to ensure that all deadlines are met and that your case is as strong as possible.

5. Consult with an Experienced Florida Medical Malpractice Attorney

Navigating the Florida medical malpractice claims process can be incredibly complex and challenging. It is crucial to have an experienced attorney on your side to guide you through the process and advocate for your best interests. At High Stack Gordon Kirby, our team of skilled medical malpractice attorneys has the knowledge and resources necessary to help you successfully pursue your claim. We will work tirelessly to ensure that you receive the compensation you deserve for your injuries and losses.

In conclusion, understanding the Florida medical malpractice statute of limitations, gathering all relevant medical records and documentation, consulting with a qualified medical expert, being prepared for the pre-suit investigation process, and working with an experienced Florida medical malpractice attorney are all essential steps in successfully navigating the Florida medical malpractice claims process. If you or a loved one has been a victim of medical malpractice, contact High Stack Gordon Kirby today for a free consultation and let us help you get the justice you deserve.