What are the pre-suit requirements in a Florida medical malpractice claim?

| Feb 11, 2021 | Medical Malpractice

Insurance companies have long pressured lawmakers to make it difficult for folks who have been injured by medical malpractice to file lawsuits. They promote “tort reforms” on the idea that it’s somehow necessary to stem the tide of frivolous claims out there.

In reality, insurance companies just want to stem the tide of money that leaves their pockets when a doctor makes a serious mistake. One of the ways they’ve made filing a medical malpractice claim harder is through the use of pre-suit requirements.

What are pre-suit requirements?

In most cases, you can file an injury claim any time you want to file one — unless the person who injured you was a medical professional and your injury was related to your medical care.

Now, the normal rules for filing a claim go out the window. Instead, you have to follow certain steps:

  1. You need a qualified doctor to provide an affidavit that states their belief that your injuries are the product of malpractice.
  2. You have to send the proposed defendant (or defendants) a notice of intent to sue before you can actually initiate litigation.
  3. You have to wait 90 days to actually sue, during which the other party or parties can evaluate your claim, gather evidence and attempt to negotiate a settlement — or not.

Only once you get past these hurdles can you take your claim to court.

What should you do if you suspect malpractice?

Many people suspect that they or their loved one suffered from medical malpractice — but they don’t all follow through on their suspicions. If you think malpractice may have happened, take your story and any evidence you have to an experienced attorney here in Florida without delay.


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