What are the steps to be taken in making an actual claim for medical malpractice in the State of Florida?
Florida has very specific statutory steps that must be taken prior to the filing of a lawsuit for medical malpractice. These requirements are too numerous to detail here, but they include the following: • A review and evaluation of the relevant medical records by an appropriately qualified medical expert. • The execution of an affidavit by a qualified expert indicating in some detail an opinion that a breach of the standard of care occurred and that it resulted in an injury to the patient. • The forwarding of the affidavit with a letter of intent to file a lawsuit based upon medical malpractice to the doctor or other health care provider believed to be responsible for the misconduct. • Participation in a 90 day pre-suit discovery period during which certain information is provided by the attorney to the potential defendant or defendants and certain information is obtained from them. • Further evaluation of the facts, records and opinions during and after the 90 day pre-suit period in o
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