Florida Medical Malpractice Lawyer Discusses the Third Step in a Florida Medical Malpractice Case – Presuit Period

Posted by Guy DiMartino | Dec 20, 2012 | 0 Comments

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.

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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What distinguishes my firm from the many injury firms throughout the state is my background as a chiropractic physician treating injured patients for 17 years. This gives you the benefit of having someone fighting for you that understands the nature and extent of your injuries and your road to recovery.

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