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.