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Negligent Handling of Medical Malpractice Claims before a Lawsuit

medical malpractice

Florida Legal Malpractice Attorney

Before bringing a medical malpractice lawsuit in Florida, the attorney for the person claiming injury must first comply with certain strict requirements. Failure to comply with them could bar the client from proceeding further. That’s when the attorney might be on the receiving end of a Florida legal malpractice suit himself or herself. The sum and substance of the requirements prior to filing a lawsuit follow.

The investigation

The attorney is required to first investigate whether reasonable grounds exist to believe that there was a deviation from the applicable standard of care, and the claimant was injured by this deviation. Obtaining relevant medical records from the various providers can help confirm this.

The expert

The attorney for the claimant must retain an expert who is a similar healthcare provider for purposes of reviewing the claimant’s medical records. If the doctor believes that there was indeed a deviation from the standard of care that injured the claimant, the doctor states in a sworn statement that he or she has reviewed the records, and there are reasonable grounds to file a medical negligence case.

The notice

Upon being advised that there are reasonable grounds to proceed with a medical negligence case, the attorney must file a Notice of Intent to Initiate Litigation for Medical Negligence. This notice must contain:

Copies of this notice must be served on every prospective defendant. They are allowed 90 days to investigate the merits of any case that might be brought against them. After 90 days, those defendants are permitted to reject the claim, offer to settle any possible cases against them, or offer to arbitrate on the issue of damages only.

If you’ve been barred from proceeding further in a medical malpractice case on the basis of your attorney’s failure to comply with these requirements, contact a Florida legal malpractice attorney at Our Law Firm for a free consultation and case evaluation.