A Guide on How to Sue a Doctor for Malpractice in Florida
A Guide on How to Sue a Doctor
for Malpractice in Florida
Medical malpractice is a legal term that describes a situation in which a medical professional provides sub-standard care to a patient, causing injury or even death. In order to sue a doctor for malpractice in Florida, the injured party must be able to prove that the doctor acted negligently. This means that the doctor must have failed to provide the level of care that a reasonable doctor would have provided in a similar situation.
There are many different types of medical malpractice, but some of the most common include surgical errors, misdiagnosis, birth injuries, and prescription errors. If you or a loved one has been injured due to a doctor’s negligence, it is important to speak to an experienced medical malpractice attorney who can help you understand your legal rights and options.
What Are the Steps in Suing a Doctor for Malpractice
If you believe that you or a loved one has been the victim of medical malpractice, you may be wondering how to sue a doctor in Florida.
Here are the steps in suing a doctor for malpractice in Florida:
Contact a Medical Malpractice Lawyer
When you believe that you or a loved one has been the victim of medical malpractice, the first step is to contact a medical malpractice lawyer. Medical malpractice lawyers are experienced in handling these types of cases and can help you determine if you have a valid claim.
File a Claim with the Florida Board of Medicine
If your lawyer believes that you have a valid claim, the next step is to file a claim with the Florida Board of Medicine. This is the state agency that regulates doctors and investigates complaints of malpractice. The Board will review the claim and decide whether or not to take action.
Investigate the Claim
If the Board decides to take action, they will investigate the claim further. Investigating the claim means looking into the circumstances surrounding the alleged malpractice to see if there is enough evidence to support a claim. They may interview witnesses, review medical records, and consult with experts.
File a Lawsuit in Civil Court
If the Board of Medicine decides not to take action or if the investigation does not find enough evidence of malpractice, the next step is to file a lawsuit in civil court. This is a formal legal process where the claimant sues the doctor for damages.
Give Legal Notice
Once the plaintiff’s lawyer starts the investigation, they will need to give legal notice to the defendant. This notice will let the defendant know that the plaintiff is planning to sue them for medical malpractice. In return, the defendant will have a chance to respond to the allegations.
Establish You Have a Valid Claim
Once your lawsuit is filed, the process of litigation will begin. This can be a lengthy process, so it is important to have patience and to be prepared for a long battle.
During the litigation process, both sides will have the opportunity to present their case in court. This will include presenting evidence and witnesses. The judge will then make a decision on the case.
The plaintiff will need to prove that the defendant was negligent in their care. This means that they must show that the defendant did not provide the standard of care that a reasonable person would have in the same situation.
The plaintiff will also need to show that they were harmed as a result of the defendant’s negligence. This means that they must show that they suffered an injury or loss because of the defendant’s actions.
Recover Your Damages
The court will review the evidence and decide whether or not the doctor is liable for malpractice. If the court finds that the doctor is liable, they will award damages to the claimant. These damages can include medical expenses, lost wages, and pain and suffering.
Filing a medical malpractice lawsuit can be a complex and costly process, but it may be the only way to obtain justice and compensation for your injuries. If you have been the victim of medical malpractice, you should contact an experienced medical malpractice attorney to discuss your case.
If you are considering hiring medical malpractice for wrongful death attorneys in Florida, then Mendes, Reins & Wilander can help. Our team has extensive experience handling medical malpractice claims. We will help you understand what compensation you may be entitled to and will fight to get you the full amount that you deserve. Let us review your case and help you understand your legal options. Schedule an appointment with us today!