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How Does a Medical Malpractice Suit Work?

Posted on February 20, 2024

As a patient, you trust your doctor to exercise solid judgement and make decisions that will improve your medical condition. Sometimes, though, doctors make mistakes, and these mistakes can have life-altering consequences. If the mistake was due to negligence and the negligence caused your injuries, then you are entitled to receive compensation from the provider who injured you.

To show that your provider was negligent, your attorney will have to prove that the provider violated the standard of care for your condition. Florida law defines the standard of care as how other doctors with the same background and skill level would have treated your condition. To determine if your situation meets this threshold, the first step that your attorney will take is to obtain a copy of all your medical records related to the malpractice. They will have a doctor unrelated to your case review the records to determine if malpractice may have occurred. If this initial review finds that the provider may have been negligent, then your attorney will contact additional medical experts to review your records and provide expert medical opinions under oath.

Your attorney will then send a Notice of Intent to the provider to inform them that you are planning to file a lawsuit against them. Once the Notice is sent, your attorney and the provider enter into a 90-day pre-suit period. During this time, both sides request information from one another and conduct additional research to build a case. Also, during this time, the provider may make an offer to settle your case without going to court. If this happens, your attorney and their attorney will likely go through multiple rounds of negotiations to see if they can reach an agreement. In most cases, both sides are able to reach an agreement without going to court. When this is possible, you can obtain your compensation much faster than if your case went to court. You also will have lower legal costs since your attorney will be able to spend less time on your case. Additionally, you gain the peace of mind knowing that you will secure compensation for your injuries. If your case goes to trial, the judge or jury could agree with the provider and leave you with no compensation at all.

Unfortunately, some providers may deny your claim or refuse to offer a reasonable settlement. In that situation, your attorney will file a lawsuit and fight for your case in court.  If your case goes to trial, it can take an additional 1-2 years to resolve, due to the necessary court procedures and scheduling.

ECanter Lawyers have helped hundreds of victims of medical malpractice. We offer a complimentary consultation to review your case and inform you of your options. If you have a case that you want to pursue, you only pay legal fees if we win compensation for you. We have successfully settled and won millions of dollars for our clients.  Contact us today to learn how we can help you.

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When you are dealing with the chaos and pain of accidents and personal injuries, the last thing you need is technical, confusing legal language.  ECanter Lawyers breaks down the complexities and provides clear, informative answers so that you understand your legal options. 

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With offices conveniently located throughout South Florida and 24/7 services, ECanter Lawyers personal injury law firm offers you the personalized attention that you need in order to maximize your compensation. 

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Disclaimer: The information throughout this south Florida personal injury lawyer website is not intended to be taken as legal advice. The information provided by ECanter Lawyers is intended to provide general information regarding injury and accident claims including car & truck accidents, medical malpractice lawsuits, premises liability claims, product liability, and workers’ compensation claims for South Florida residents. If you are interested in a free case review please contact our injury attorney, Eric Canter. We now serve the following locations: Palm Beach County including Boca Raton, Boynton Beach, Delray Beach, Greenacres, Lake Worth, Royal Palm Beach, Wellington, and West Palm Beach; Broward County including but not limited to Coral Springs, Deerfield Beach, Fort Lauderdale, Lighthouse Point, Margate, and Pompano Beach; and Miami-Dade County including Miami. © 2024 Copyright ECanter Lawyers. All Rights Reserved. We now serve the following locations: Palm Beach County including Boca Raton, Boynton Beach, Delray Beach, Greenacres, Lake Worth, Royal Palm Beach, Wellington, and West Palm Beach; Broward County including but not limited to Coral Springs, Deerfield Beach, Fort Lauderdale, Lighthouse Point, Margate, and Pompano Beach; and Miami-Dade County including Miami. Web Development by IWD Marketing