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Florida’s Medical Malpractice Notice Provision

Medical professionals have an obligation to deliver competent care to each and every patient. When this does not happen, the consequences can be devastating for a patient’s health and future well-being. If you or a loved one has been injured due to a medical professional’s error, misconduct or negligence, you may be entitled to damages for your injuries through a medical malpractice lawsuit. Medical malpractice lawsuits in any state are complex and Florida is no exception; but, you can take solace in the fact that our reputable Miami medical malpractice attorneys will investigate the facts of your case and determine the viability of your claim.

Medical Malpractice in Florida

In Florida, you can sue a doctor or other medical professional for medical malpractice if you believe you suffered an injury due to that medical professional’s error or misconduct. Medical malpractice takes place when a medical professional, through an act or omission, causes injury to a patient by failing to adhere to the generally accepted standard of care. This standard of care refers to the level of care that a medical professional practicing in the same specialty of medicine would have used under the same circumstances. You should be aware that there is no need to show intent in medical malpractice claims. Rather, you must simply show that the medical professional’s failure to adhere to the standard of care (for whatever reason) was a direct cause of your injury.

Procedural Requirements in Florida Medical Malpractice Cases

Before a medical malpractice lawsuit can be filed, medical malpractice plaintiffs must comply with certain procedural requirements pursuant Florida Statutes 766.106. The statute requires that a plaintiff intending to file a medical malpractice claim conduct a pre-suit investigation, after which that prospective plaintiff must notify each defendant by certified mail, with return receipt, of their intent to initiate litigation for medical malpractice before any action can be filed. The plaintiff must also provide the following: i) a list of all their medical providers for the two-year time frame prior to the alleged medical malpractice; ii) a list of medical providers seen after the alleged medical malpractice; ii) copies of all medical records on which the expert providing an affidavit in support for the plaintiff’s claim has relied; and iv) the executed authorization form required by law.

While these additional requirements may seem cumbersome, they are not insurmountable and are designed to parse frivolous lawsuits from legitimate medical malpractice claims. Failure to strictly comply with the requirements of 766.106 could lead to the court dismissing the case. It is important to note that these procedural requirements are only applicable to medical malpractice claims. In other personal injury claims, such as for a car accident, the plaintiff can directly file a lawsuit in civil court without having to give the defendant any sort of pre-suit notice.

Skilled Miami Medical Malpractice Lawyers

If you have suffered as a result of inadequate or negligent medical care, you may be entitled to compensation. At the Law Offices of Robert Dixon, our seasoned medical malpractice attorneys will evaluate the facts of your case and help you recover the damages you rightfully deserve for your harm. We are here to answer your questions and address your concerns throughout the entire legal journey. Call us at 1-877-499-HURT (4878) or reach out to us online today.

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