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How Long Does a Florida Medical Malpractice Case Take?

MedMal19

If you were hurt as a result of medical malpractice, it’s understandable that you’ll want to know how long it takes to resolve your claim. You’re suffering physically, financially, and emotionally, and you don’t want to prolong the process of recovering compensation for your losses. However, it’s very difficult to pinpoint the exact time duration of a medical malpractice case. These matters are highly complex, involving complicated evidentiary and procedural issues.

Fortunately, there are ways to estimate how long your case might take. Retaining an experienced Florida medical malpractice lawyer can expedite the process, which includes:

Gather and Review Your Medical Records: Because Florida’s medical malpractice statute requires reasonable investigation before a lawsuit may be filed, your lawyer will look into all relevant issues to determine if there was negligence involved with the care you received. At this stage, your attorney will collect all of your pertinent medical records – including those from the physician alleged to be negligent AND from any providers who treated you after you were injured. 

Consulting with Medical Experts: Your lawyer will retain health care providers to assist with reviewing the details of your med mal claim, since attorneys often need support from experts in the medical field in order to determine whether the alleged wrongdoer deviated from the acceptable medical standards when treating you – one of the key elements of a medical malpractice claim. In addition, this medical expert will also help your attorney meet another requirement: Submitting a Certificate of Merit that shows you have a valid case. 

Negotiating with a Medical Malpractice Insurer: It may be possible to resolve your case out of court through settlement with the provider’s insurance company. These negotiations can take some time as the two sides try to come together to agree on fair compensation for your injuries. 

Filing a Lawsuit in Court: If the insurer will not agree to a fair, reasonable amount of monetary damages, your attorney will initiate a medical malpractice lawsuit. Litigation can extend the time period it takes to resolve your case, since the process involves:

  • Drafting the med mal complaint
  • Raising and responding to pre-trial motions
  • Appearing in court for status conferences and other required hearings
  • Written discovery, including the exchange of documents, medical records, and other details
  • Taking and appearing for depositions
  • Preparing for trial, which involves opening and closing statements, presenting witnesses, cross-examining witnesses, and other essential tasks

It is likely that your medical malpractice claim could take several months – even years – to resolve. Your lawyer will work to complete the process quickly, but it’s important to be patient. 

Schedule a Free Consultation with a Florida Medical Malpractice Attorney 

To get a more accurate picture of how long your med mal case may take to resolve, please contact Freidin Brown, P.A. We can explain the claims process and describe each step, from investigation to settlement negotiations to filing a lawsuit in court. Once we assess your circumstances through a no-cost case evaluation, we’ll be in a better position to give you a timeline of your medical malpractice case.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0766/Sections/0766.104.html

https://www.yourfloridatrialteam.com/what-are-the-most-common-medical-malpractice-cases-in-florida/

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