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Florida Medical Malpractice Lawyer Discusses the Second Step in a Medical Malpractice Claim

Posted by Guy DiMartino | Dec 19, 2012 | 0 Comments

Florida medical malpractice lawyer, Guy S. DiMartino, DC, JD, explains the second step in a medical malpractice claim – the Notice of Intent to Initiate Medical Malpractice Claim.

A person injured or the family of a person who dies because of medical malpractice in Florida cannot just file a lawsuit.  Florida law requires the prospective plaintiff (injured person or personal representative) serve the prospective defendant (doctor, nurse, hospital or other healthcare provider) with a Notice of Intent to Initiate Litigation.  The medical malpractice 90 presuit periods begins when the doctor receives the Notice of Intent along with an affidavit of corroboration, which was discussed in Step 1.

The Notice of Intent provides a brief description of the medical care received by the patient, the criticisms of the medical care, the name of all healthcare providers who the patient or decedent saw in a two year period before the alleged malpractice, along with the affidavit of corroboration wherein the injured patient's expert attests that there is a good faith basis to pursue a medical malpractice claim.

The notice of intent, affidavit, and all supporting medical documentation is then forwarded to the healthcare providers beginning the medical malpractice presuit period.

Florida medical malpractice law is complex.  If you have any questions about a potential Florida medical malpractice claim, call Guy S. DiMartino, DC, JD at (352) 267-9168 or fill out the internet consultation form on the right of the screen.

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+

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