Personal Injury - Medical Malpractice

Medical Malpractice is more than just a bad result after a surgery or visit to the doctor. Medical Malpractice occurs when medical treatment is rendered and there is a very bad result. From a practical standpoint, in order to be actionable, the damage must result in near permanent injury necessitating an unnecessary surgery or long amount of time away from work, a permanent debilitating injury, or death caused by the medical provider’s care falling below the prevailing professional standard of care. Stripped down, a medical malpractice suit is nothing more than a trumped up negligence suit. Unfortunately the medical profession has convinced Legislators in Florida to trump up this kind of lawsuit. Pursuant to Florida Medical Malpractice Statute 766.203 there are hoops to jump through in order to bring a Medical Malpractice lawsuit. These hoops require an attorney to have a potential lawsuit reviewed by a medical provider sharing the same specialty as the negligent medical provider, and a determination made as to whether the medical care rendered fell below the accepted standard of care. This is called presuit investigation. If negligence is found, an affidavit is sent to the negligent doctor along with a notice of intent to initiate litigation and thus the process begins. To learn more about Florida’s Medical Malpractice presuit investigation requirement and common types of Medical Malpractice call a Clearwater malpractice attorney at (727) 771-3847. Let us evaluate your case. We’d love to help.