Medical Malpractice Law: What You Need To Know
According to a study published by the British Medical Journal, medical errors are now the third leading cause of death in the United States. If you or a loved one was injured due to a failure to diagnose, failure to provide adequate care, or any other medical error, you may be able to bring forward a claim of malpractice. In the following blog post, we explain some important factors you should know about medical malpractice. We hope that this information will help you better understand your rights. If you have questions, or think you may be a victim of medical negligence, contact us today to schedule a free and confidential consultation. Our dedicated Tampa medical malpractice lawyers have helped countless victims recover financial compensation for their injuries.
1.) The Medical Malpractice Case Process
In Florida, we are required to go to through a pre-suit process. In the pre-suit process, we obtain all of the patient’s medical records, and send them to an expert who provides an independent review. During their independent review, the expert drafts an affidavit. We obtain the affidavit and send it via certified mail to the medical provider at issue. Upon receipt, the medical provider, their attorneys, and the insurance carrier have 90 days to evaluate our claim. At the end of the 90 days, they must either deny the claim, or admit fault. If the claim is denied, the case goes into a lawsuit. Once a lawsuit is filed, there are many processes that are carried out and that could take anywhere from 2 years upwards of 6 years.
Summary:
- You must go through a pre-suit process
- Medical experts have 90 days to either admit or deny the claim
2.) Will The Physician Lose Their Medical License?
We have a law in Florida where physicians can lose their license as a result of three strikes. However, admitting to medical error does not necessarily constitute a strike. Basically, in a medical malpractice case, your physician will be reported to the department of health at the time the complaint is filed. In our experience, the department of health does not always discipline or sanction the physician for the alleged medical error, but rather for not documenting the error. It is unlikely that a physician is going to lose their license due to a single medical error, but over time that can happen. If you file a lawsuit for medical malpractice, it won’t directly cause the physician to lose their license for a single error.
Summary:
- Florida Law states that a medical provider can lose their license after three strikes.
- Your physician will be reported to the Department of Health at the time of your complaint.
- Bringing a lawsuit for medical malpractice will not directly cause your physician to lose their license for a single medical error.
3.) Time Length of a Medical Malpractice Case
Medical malpractice cases are one of the more complicated areas of law, especially in Florida. This is because in Florida, we have a pre-suit process whereby the carrier and the medical provider are entitled to evaluate their case before we can file suit. Pre-suite lasts 90 days, and then there is a time period for drafting and filing of the lawsuit. I would estimate that about 95% of cases go into suit and require litigation. In our experience, the litigation process takes anywhere from 2 years to 6 years.
Summary:
- Florida has a pre-suit process where the carrier and medical provider have an opportunity to evaluate the case before considering a lawsuit.
- The pre-suit process can last up to 90 days.
- The drafting and filing of the lawsuit will lead to litigation, which can last between 2 and 6 years.
Do you think a doctor made a mistake during your medical care? Contact our dedicated Tampa Medical Malpractice Attorneys for a free confidential consultation. We will review the factors in your case and help you understand your rights when it comes to medical malpractice. All of our cases are handled on a contingent fee basis. You don’t pay anything unless we are able to recover compensation for you. Remember, you only have a limited time to sue, don’t wait, act now!
This educational blog was brought you by Betsey Herd, an experienced Tampa Medical Malpractice Lawyer.
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