Why Medical Malpractice Cases in Florida are Costly

Mon, Mar 25, 2013

Personal Injury

 Some rights reserved by jasleen_kaurAttorney Christopher D. Smith with SmithLaw Attorneys (855-746-3900) takes personal injury cases, like medical malpractice, in an effort to obtain compensation for those injured by the negligence of others.

Medical malpractice is a type of tort law. Tort Law covers any wrong or damage done to a person, his property, his rights, or reputation due to the negligence or wrongdoing of another. The Florida State Statutes discusses medical malpractice in Title XLV, Chapter 766.)

Medical malpractice cases are unique, though, as Florida law requires something specific of them that it does not require of other types of tort cases. It is the only type of tort that requires the plaintiff to obtain a qualified affidavit from someone in the same field as the defendant that indicates that the defendant has breached the prevailing standard of care BEFORE the suit is even filed. This requires a lot of legwork before the case even starts.

The above requirement is part of something called the Presuit Investigation By Claimant. There is also something called the Presuit Investigation By Defendant. This is where the defendant does his or her own investigation, after being notified of action by the claimant. They work to obtain their own medical expert opinion in a similar fashion, one that states that the defendant did not breach the prevailing standard of care.

Medical malpractice often takes longer than some personal injury cases because of the presuit investigations. In addition, there is a 90-day waiting period between the claimant’s investigation and the defendant’s investigation. Moreover, mediation and a settlement conference are mandatory before trial. Throughout this time, a massive amount of evidence is being procured by both parties to fight the other party.

All of these requirements combined make medical malpractice costly to litigate in Florida.

Image:  Some rights reserved by jasleen_kaur

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