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Tampa Personal Injury Blogs from November, 2011

Understanding Florida Medical Malpractice


In Florida, medical negligence or malpractice lawsuits are governed by Chapter 766, Florida Statutes. Chapter 766 sets forth the requirements for a claimant to follow in order to seek damages against a healthcare provider. Medical malpractice cases are somewhat unusual in the sense that one must first conduct a presuit screening process prior to filing a lawsuit against a doctor, nurse, hospital or surgery center. Individuals involved in motorcycle, automobile or trucking accidents are not under any such restrictions and could file a lawsuit on the same day as their accident. Our Tampa Medical Malpractice Attorneys remain dedicated to representing individuals who have suffered harm and/or injury at the hands of a professional healthcare provider.

Sections 766.106 and 766.203, Florida Statutes set forth the requirements of a claimant before they can initiate formal legal proceedings against a medical provider. A claimant is required conduct an investigation to ascertain that there are reasonable grounds to believe that a potential defendant was negligent in the care or treatment of the claimant and such negligence resulted in an injury to them. The claimant is required to corroborate reasonable grounds exist to initiate medical negligence litigation in the form of an affidavit that must be created by an expert of the same specialty as the potential defendant.

Once the claimant has obtained the affidavit, he/she is required to notify each potential defendant of their intent to initiate litigation for medical negligence. Upon receipt of the notification of intent to initiate litigation for medical negligence by a potential defendant, the case is stayed for 90 days during which time the potential defendant is entitled to conduct an investigation and review of the claimant’s case. At the conclusion of the 90 days, the potential defendant must respond to the claimant’s notice of intent to initiate medical negligence by one (1) of three (3) options: 1) reject the claim; 2) extend a settlement offer or 3) admit liability and offer to arbitrate the issue of damages.

Our attorneys have litigated numerous claims involving medical malpractice. If you have reason to believe you or a loved one may have sustained harm or injury as the direct result of medical negligence, please contact us, your Tampa Personal Injury Attorneys.

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