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Process of a Medical Malpractice Case in Miami

When you are sick or injured, you trust your doctors and other healthcare providers to give you the best possible care. If your doctor’s negligence made your situation worse, you may be able to sue. The process of a medical malpractice case in Miami can be complicated and overwhelming. It requires multiple steps that all need to be done correctly. Your medical malpractice attorney will make sure that you meet all of your deadlines, follow the proper procedure, and build strong arguments to increase the chance that you will get the compensation you deserve.

What Steps Are Required Before Filing a Medical Malpractice Lawsuit?

In Miami, the medical malpractice lawsuit process requires two specific steps before the suit is filed. Before these formal steps, the injured person will consult with a lawyer and review their situation to determine whether the case has a good chance of success. Florida Statute § 766.203 requires the injured person to perform a basic pre-suit investigation to show that they have a good case. During this process, they need to consult with a medical expert and have them sign an affidavit stating that they believe the case has merit. The expert must be a doctor or provider in the same specialty as the one being sued.

After the investigation, Florida Statute § 766.106 requires the injured person to send the doctor a formal written notice that they plan to sue. They then need to wait 90 days before actually filing the lawsuit. During this period, both parties will investigate the claim. They may also start negotiating a possible settlement. If the healthcare provider makes a good settlement offer, the injured person can choose to accept it and end the process here.

What Happens After an Injured Person Files a Malpractice Lawsuit?

Unless the injured person accepts a settlement, they can file their malpractice lawsuit 90 days after sending the notice of intent. Once the lawsuit is filed, both sides will continue to gather information by going through the discovery process. This allows the lawyers to request evidence like medical records and depose the other side’s witnesses so they will know what will come up during a trial. While this is happening, the parties generally continue to negotiate for a settlement.

Most cases end with a settlement before going to trial. If the case does go to trial, that process will include jury selection, opening statements, arguments from both sides, expert witness testimony, questioning of witnesses, and closing statements. The jury will deliberate and make a decision on whether the provider committed malpractice and how much they will owe in damages.

Discuss Your Medical Malpractice Lawsuit Case With an Attorney in Miami Today

The process of a medical malpractice case in Miami is more complicated than other types of lawsuits. These cases are complex, and the law requires you to take some additional steps to demonstrate that your doctor was negligent before you even file your lawsuit. Our attorneys have the knowledge and experience to guide you through the process and ensure that you complete all of the required steps. Contact Kaire & Heffernan to schedule an appointment today.