When someone experiences harm due to a medical procedure or treatment, they might believe that a medical professional or healthcare provider is responsible. This is when the idea of filing a medical malpractice claim can come into play. However, filing a malpractice lawsuit is not as simple as going straight to court. In Florida, there is a crucial stage called the pre-suit investigation period, which must take place before any legal case can move forward. Understanding this process is important if you are thinking about pursuing a medical malpractice claim in Florida. At, Victory Law Firm P.A. , we are here to guide you through the legal process and help you navigate the complexities of your case.
Attorney - Partner Attorney - Of Counsel
Franklin Domenech, Esq.
William Alexander Corzo, Esq.
What is the Pre-Suit Investigation Period?
The pre-suit investigation period is a legal process that takes place before you can file a lawsuit for medical malpractice in Florida. This process is designed to prevent unnecessary lawsuits by ensuring that the claim is valid and that there is enough evidence to support the claim of negligence. During this period, both sides—the patient and the healthcare provider—are given the opportunity to investigate the situation and see if a lawsuit is warranted. It is a vital step that can often lead to a settlement before a formal lawsuit is even filed.
This pre-suit investigation period is required by Florida law. It serves as a way to reduce the number of frivolous lawsuits that might otherwise clog up the court system. It also gives both the injured patient and the healthcare provider the chance to fully review the details of the situation before they take any further legal action.
Starting the Pre-Suit Process
To begin the pre-suit process, the injured patient, or their lawyer, must notify the healthcare provider that a medical malpractice claim is being considered. This is done by sending a notice of intent to initiate litigation. This notice will include detailed information about the injury, how the injury happened, and why the patient believes that malpractice occurred.
Once this notice is sent, the healthcare provider has the right to request medical records from the patient. These records will be reviewed by both sides to see if there is any evidence of malpractice. The healthcare provider may also conduct an internal review of the situation, which may involve consulting with medical professionals who can help them understand the case.
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The Investigation
During the investigation period, both sides gather information to determine whether medical malpractice truly occurred. For the patient, this often involves working with medical professionals who can review the case and offer their opinion on whether the healthcare provider acted negligently. In Florida, the patient must have a medical professional who is willing to sign an affidavit stating that they believe malpractice occurred.
The healthcare provider also conducts their own investigation. This might include reviewing medical records, interviewing staff, and consulting with other medical professionals. Both sides are allowed to share information during this time, and they can work together to try and reach a settlement if both parties agree.
The Role of Medical Affidavits
One key aspect of the pre-suit investigation period is the requirement of medical affidavits. This affidavit is a sworn statement from a medical professional who agrees that the healthcare provider in question likely acted negligently. Without this affidavit, the case cannot move forward. This is an important step that ensures the claim is serious and based on real evidence.
The medical professional who signs the affidavit must have experience in the same field as the healthcare provider being accused of malpractice. This makes sure that the person giving the opinion understands the standards of care that apply to the case. Once the affidavit is signed, it becomes part of the pre-suit notice, and it must be sent to the healthcare provider.
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Response from the Healthcare Provider
After receiving the notice of intent and the supporting affidavit, the healthcare provider has 90 days to respond. During this time, the provider will investigate the claim further. They may also work with their insurance company and legal team to determine if the claim is valid. The healthcare provider has three options once the investigation is complete. They can either reject the claim outright, offer a settlement, or request arbitration to resolve the matter outside of court.
If the healthcare provider chooses to reject the claim, the patient then has the right to proceed with filing a lawsuit. If a settlement is offered, the patient and their lawyer can decide whether to accept the offer or continue with legal action. In some cases, arbitration may be an attractive option because it can resolve the issue more quickly and with less cost than a full court trial.
What Happens After the Pre-Suit Period?
If the case is not settled during the pre-suit investigation period, the patient has the option to move forward with filing a lawsuit. The information and evidence gathered during the pre-suit process will be crucial in building the case. This includes the medical records, the affidavit from the medical professional, and any other evidence collected during the investigation.
Once a lawsuit is filed, the case will proceed through the court system. This can be a long and complicated process, but the pre-suit investigation often helps streamline the case by eliminating any unclear or weak arguments. Both sides have already had a chance to gather evidence and determine the strengths and weaknesses of their positions.
Serious Results
The Importance of Legal Representation
Navigating the pre-suit investigation period in a medical malpractice case can be difficult without the right legal help. Medical malpractice laws are complex, and the rules surrounding the pre-suit process can be confusing for anyone who is not familiar with them. Having a lawyer by your side during this time is essential to ensure that your claim is handled properly and that you are following all of the required steps.
A lawyer can help you gather the necessary evidence, find medical professionals to review your case, and make sure that all deadlines are met. They will also help you understand the legal options available to you, whether that means accepting a settlement, proceeding to arbitration, or filing a lawsuit.
Challenges During the Pre-Suit Process
There are many challenges that can arise during the pre-suit investigation period. One of the biggest is gathering enough evidence to support a medical malpractice claim. Medical records can be complicated and difficult to understand, especially for someone who does not have a medical background. This is why having the help of medical professionals and legal representation is so important.
Another challenge is meeting the deadlines set by Florida law. If certain steps are not completed on time, it can result in the dismissal of the claim. For example, the affidavit from the medical professional must be submitted within the required time frame, and the healthcare provider has a set amount of time to respond. Missing these deadlines can prevent a lawsuit from moving forward.
Reaching a Settlement
In many cases, the pre-suit investigation period ends with a settlement between the patient and the healthcare provider. Settlements can be beneficial for both parties because they avoid the time and expense of going to court. For the patient, a settlement can mean receiving compensation for their injuries without having to endure a lengthy legal battle. For the healthcare provider, settling the case can help protect their reputation and avoid the risk of losing in court.
Reaching a settlement during the pre-suit investigation period can save both time and money. It also allows both parties to resolve the matter in a more private setting than a public court case. However, it is important to have legal representation to make sure that any settlement offer is fair and covers the full extent of the patient’s injuries and losses.
If you or a loved one has been injured due to medical malpractice, navigating the pre-suit investigation period in Florida can be overwhelming. The legal process is complex, and it is easy to make mistakes without proper guidance. At Victory Law Firm P.A., our team is dedicated to helping you through every step of your medical malpractice case. We have the knowledge and experience to ensure that your claim is handled properly, and we are committed to fighting for the compensation you deserve. Contact us today to learn how we can assist you in your pursuit of justice.