In Florida, attorneys are required to certify when they file a medical malpractice, medical negligence case that they have made a reasonable investigation and have concluded in good faith that there is a reasonable basis to file a lawsuit.  Florida Statute § 766.104.

Requirement to Investigate Claim

Accordingly, your attorney has a legal obligation to the Court to investigate a case, and then may only file the case if the appropriate expert medical witnesses – those in the same or similar specialties as the doctor who other medical professional who committed the malpractice -- who can verify under oath that a valid claim for medical malpractice exists in your circumstances.

Florida requires victims, before they can file a case, to engage in what is known as “pre suit discovery.” Florida Statutes §§ 706.203,766.204,766.205,766.206. This pre suit discovery is a really a pre-lawsuit – a 90-day period in which both (or all) sides participate in review of the case, including unsworn statements, exchange of documents and information, and sometimes (but rarely) the chance to settle the case.

Before filing the required “Notice of Intent to Initiate Litigation” to the respondent doctor or other medical professional, your attorney must obtain the key medical records and review them, then have a medical expert in the same health field of specialty as the physician or other healthcare provider against you believe you have a claim.

The medical expert is paid for his time to review the records and reach an opinion. If the expert believes that medical negligence does exist in your case, then the expert prepares an Affidavit attesting to that opinion.  Only after this thorough and costly process is completed, with an attesting medical expert concluding that medical malpractice exists, can the matter proceed to pre suit, and ultimately, to a lawsuit and litigation.

Beware, if the pre suit process is not completed per the statutory requirements, then your claim and case may be stricken and dismissed by the court and barred forever.

Contact us by email or phone, an experienced personal injury law firm, including an experienced former medical malpractice defense lawyer who represented defendant doctors, nurses, and hospitals in medical malpractice cases. We only handle serious  medical malpractice claims.

Victims personal injury and their families, now have an experienced law firm to contact when facing their most difficult life challenges. Not an impersonal large firm where your case is handled by legal assistants, "claims analysts," or "intake specialists," but a personal service law firm where your case is handled by an experienced personal injury lawyer from day one. Contact our personal injury attorneys today for a free, personal, confidential, consultation. 

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