Florida Medical Malpractice Lawyer, Guy S. DiMartino, DC, JD, discusses the third step in a Florida Medical Malpractice Case – The Presuit Period
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Florida medical malpractice law is strict and claimants are required to follow the legal process. The first step is the investigation process. The second step is the Notice of Intent to Initiate Litigation, and now the third step is the 90 day presuit period. During this period the parties can submit written questions to each other, exchange medical and employment records, and take statements. Answers to the written questions, the affidavit of corroboration and statements taken during the presuit period are considered privileged and the parties are not allowed to use the material in litigation.
At the end of the presuit period, the prospective defendant(s) can deny the claim. If the healthcare provider(s) deny the claim they need to provide an affidavit of corroboration supporting their position. The healthcare providers can also accept the claim or make an offer to settle. Over ninety percent of the claims are denied at the end of the presuit period. If the claim is denied, the attorney will get together the client, review the healthcare provider(s) denial and decide whether or not a lawsuit will be filed. Next, we move into the fourth step or litigation phase of the case.
Florida medical malpractice law can be complex, if you have any questions regarding a potential Florida medical malpractice claim, call Guy S. DiMartino, DC, JD at (352) 267-9168 or fill out the internet consultation box on the right side of the screen.