You or a family member has contacted our office to explore the possibility of bringing a malpractice case. You are calling because you or a family member has experienced a catastrophic result or death that you believe was the doctor or hospital’s fault.
What happens next?
WHAT DOES IT MEAN TO FILE A MALPRACTICE CLAIM?
A “Claim for medical negligence” or “claim for medical malpractice” means a claim, resulting from the ‘rendering of, or the failure to render medical care or services. Your attorney will have the burden of proving that the actions of the health care provider represented a ‘breach of the prevailing professional standard of care’.
The standard of care is that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by other recognized or ‘reasonable prudent similar‘ health care providers.
To prove a ‘breach of the prevailing professional standard of care’, we will have to show that the injury was not a reasonably foreseeable result of the health care provider’s surgical, medicinal, or diagnostic procedure. Secondly, the damage would not have resulted if it was carried out in accordance with the prevailing professional standard of care by a reasonably prudent similar health care provider.
Our firm will conduct a Presuit Investigation. Corroboration of reasonable grounds to initiate medical negligence litigation must be provided by a verified (sworn to) written medical expert opinion by a similar health care provider. Basically, our firm will have your case reviewed by experts in the same medical field. These experts will confirm that there are reasonable grounds to support the claim of medical negligence.
After completion of the pre-suit investigation and before we can file a complaint for medical negligence, we will send a Notice of Intent to file a malpractice case to each prospective defendant by certified mail.
No suit may be filed for a period of 90 days after the notice of intent is mailed to any prospective defendant. During the 90-day period, the prospective defendant, the defendant’s insurer/self-insurer is required to conduct a review.
At or before the end of the 90 days, the prospective defendant or their insurer will respond:
1. Rejecting the claim, or
2. Making a settlement offer; or
3. Making an offer to arbitrate: This offer may be made contingent upon a limit of general damages.
Once the claim is denied or resolved in the process (rarely happens), we will file a lawsuit on your behalf. The case will generally follow the procedures common to personal injury lawsuits.
If you have suffered an injury due to medical malpractice, it is almost certain that you could benefit from having an experienced Hoffman, Larin & Agnetti attorney by your side. Medical malpractice claims can be complex, requiring the specific skill sets that our attorneys bring to the table. Our firm has been helping Floridians who are victims of medical malpractice since 1973; these many years of experience ensure our clients obtain the best outcome possible following their medical malpractice injuries.