When you’ve been harmed by a medical professional’s negligence, it can be difficult to know where to start. You may feel betrayed, frustrated, and unsure of your next steps. Understanding how medical malpractice claims work in Fort Lauderdale can empower you to protect your rights, and the right medical malpractice lawyer can guide you through the process with care and confidence.
This guide will break down the steps in plain language, so you can focus on recovery while your legal team focuses on justice.
What Counts as Medical Malpractice?
Medical malpractice occurs when a healthcare provider, whether a doctor, nurse, hospital, or clinic, fails to meet the accepted standard of care, resulting in harm to a patient. This isn’t about unexpected outcomes that no one could prevent. It’s about avoidable mistakes that cause injury.
Common examples include:
- Failure to diagnose or misdiagnosis
- Surgical errors or operating on the wrong body part
- Medication errors
- Birth injuries caused by negligence
- Ignoring critical lab results or symptoms
Step 1: Initial Consultation and Case Review
The first step in any malpractice claim is speaking with an experienced Fort Lauderdale medical malpractice attorney. They will listen to your story, review your medical records, and determine whether your case meets Florida’s legal requirements for malpractice.
At this stage, the attorney will explain:
- What qualifies as malpractice under Florida law
- The evidence needed to support your claim
- The deadlines (statutes of limitations) for filing
The initial consultation is also your chance to ask questions, understand the process, and see if the lawyer is a good fit for you.
Step 2: Pre-Suit Investigation
Florida law requires a thorough investigation before filing a malpractice lawsuit. Your attorney will:
- Gather medical records and relevant documents
- Consult with independent medical experts to review the care you received
- Obtain a written opinion from a qualified medical professional stating there was a breach in the standard of care
Only after this investigation is complete can your attorney send a notice of intent to the healthcare provider or facility, signaling that you plan to file a claim.
Step 3: The 90-Day Pre-Suit Period
Once the notice of intent is sent, there’s a 90-day period during which the healthcare provider’s insurance company can investigate the claim and respond. They may:
- Offer a settlement
- Reject the claim
- Do nothing, in which case the claim can move forward
This step can be frustrating, but it’s required under Florida law to encourage early resolution before a lawsuit is filed.
Step 4: Filing the Lawsuit
If the case is not resolved during the pre-suit period, your attorney will file a formal complaint in court. This begins the litigation process, which includes:
- Discovery (exchange of evidence between both sides)
- Depositions (interviews under oath)
- Expert testimony preparation
Your lawyer will keep you updated at every stage, ensuring you understand your options for settlement or trial.
Step 5: Settlement or Trial
Many medical malpractice cases are resolved through settlement, where both sides agree on a fair amount of compensation. If a settlement can’t be reached, the case may go to trial, where a judge or jury decides the outcome.
A skilled attorney knows how to present your story in a compelling way, backed by solid evidence and expert testimony, to give you the best chance at a favorable result.
Why Having the Right Lawyer Matters
Medical malpractice cases are complex, time-sensitive, and heavily dependent on expert testimony. An experienced local attorney can:
- Navigate Florida’s unique legal requirements
- Access credible medical experts to strengthen your case
- Fight for the maximum compensation you’re entitled to
- Handle negotiations with powerful insurance companies
- Provide compassionate guidance during an emotionally challenging time
When your health and future are on the line, choosing the right representation isn’t just important, it’s essential.
Take Action Today
The clock is always ticking in malpractice cases, and waiting too long can mean losing your right to file. Whether you’re certain you have a case or simply suspect something went wrong, speaking with a knowledgeable attorney is the first step toward clarity and justice.
At Joya Injury Law, you’ll find a team dedicated to helping victims of medical negligence in Fort Lauderdale and beyond. Their compassionate approach and proven results mean you can focus on healing while they focus on winning your case.
If you need trusted legal support, consider working with an experienced medical malpractice lawyer in Fort Lauderdale who understands the local courts, medical community, and the strategies that lead to success.
