Medical Malpractice Case Timeline
If you have been a victim of medical or surgical malpractice, you may be wondering if you are able to receive compensation for your damages. You’ll probably want to know about the general medical malpractice case timeline. Our experienced Tampa medical malpractice lawyers are dedicated to helping you receive full compensation as quickly and efficiently as possible.
Medical Malpractice Case Timeline | How Can I File a Claim in Florida?
In the State of Florida, you can’t jump right away into filing a medical malpractice suit. You must go through a pre-suit process, during which time your attorney will gather all relevant medical records and send these to an expert for independent review. This expert will provide an affidavit, which your attorney will send via certified mail to the medical provider. That medical provider will have 90 days to consult with an attorney and malpractice carrier, and at the end of that period must either admit or deny the claim. If the medical provider denies your claim, your attorney will file a lawsuit.
Medical Malpractice Case Timeline | How Long Will a Case Last?
In Florida, the pre-suit process adds a 90-day waiting period before a case can even go to trial. Medical malpractice is one of the more frequently litigated areas of law, which means the courts are backed up. One case could take two to three years if mistakes or acts of negligence are well-documented or obvious, or to five to six years in cases that require deposition of experts from around the country, and conflicting evidence or testimony.
Medical Malpractice Case Timeline | How are Damages Determined?
If you’ve been a victim of medical malpractice, you and your family need compensation. The complexity of malpractice cases requires significant research and testimony from expert witnesses, all of whom must be paid. You can’t pay them out-of-pocket because you’re already struggling. This money has to come from your reward. Because of that, your damages have to rise to a certain level, so you can pay your attorney and expert witnesses and still have compensation left over. As such, it is not generally worth your time to pursue a claim for a minor injury.
If you would like to bring a medical malpractice claim forward, please contact our experienced Tampa medical malpractice lawyers today to schedule a free consultation.