To receive the maximum compensation for a Florida medical malpractice case, you must supply the best documentation to support your claims. Regardless of the obvious medical mistake, without strong evidence of your injuries and the neglect of a healthcare professional, your case will go nowhere fast. Documenting your claims is of utmost importance.
Florida residents who believe a careless doctor has harmed them can contact a team of Miami medical malpractice lawyers to assist you in getting your ducks in a row. They’re the experts who know what’s necessary to win your lawsuit.
What’s Required To Prove Medical Malpractice in Florida?
Florida’s Malpractice Act states that the burden of proof will fall upon you to prove that your condition worsened or new severe conditions or injuries were the direct result of a medical error. However, to prove that neglect occurred and, as a result of this neglect, your condition worsened, there are many hoops to jump through. This highlights the importance of working with an experienced Florida medical malpractice lawyer who can expedite the process.
To file a medical malpractice lawsuit, you’ll need mountains of evidence. Even the most obvious of medical mishaps and poor judgment will require proof. The stronger your evidence, the stronger your case will be. It should be noted that Florida’s medical malpractice statute of limitations is set at 2 years. Gathering documentation can be time-consuming, so it’s important to begin working with an attorney as soon as you suspect medical negligence.
What Types of Documentation Will Help My Medical Malpractice Lawsuit?
Your entire case, and hopefully a sizable settlement, will be based on the documentation you gather to prove your claims. As with most things, the more proof you can provide, the better your chances of winning your lawsuit. With strong documentation, many medical malpractice lawsuits are settled out of court during the discovery phase of the lawsuit.
Medical Records
The most important documentation for a medical malpractice case is your medical records. In most cases, they’ll give an accurate timeline and representation of exactly what your doctor did regarding diagnosis, testing, and procedures. These medical documents should point out where your healthcare professional deviated from the expected standard of care.
As a patient, you have a legal right to request copies of all your medical documents. You should obtain all documents relevant to your case, which can include:
- Intake and discharge documents
- Doctor or healthcare expert’s notes
- X-rays, CAT scans, MRI images
- Lab test results
- List of prescribed medications and prescription records
Medical Bills
To recover damages and further prove what your medical treatment has been thus far, you’ll need to gather all your medical bills to submit as evidence for your case. Along with medical bills provided by your doctor’s office, hospital, or rehab facility, you should also retain any receipts for over-the-counter pain medications or required mobility devices. Also included should be any expenses you incurred while getting to medical appointments, such as parking fees, highway tolls, or taxi services.
Statement From a Similar Healthcare Professional
Before a medical malpractice case can be filed, it’s required that you have a sworn statement from a similar type of healthcare professional. This document must state that your doctor strayed from the standard of care and caused your condition to worsen. Sometimes referred to as “Affidavit of Merit,” this document contains an opinion from a qualified healthcare expert that medical malpractice did occur.
Employer Documentation of Time off From Work
Part of the compensation you should seek is for time off from work related to your medical mistake. This can include past, current, and expected loss of earnings due to your medical injury. A statement from your employer’s Human Resources department should detail all time off from work due to your condition.
What Happens After the Documents Have Been Gathered?
Once you and/or your lawyer have gathered the necessary documents to prove your medical malpractice case, your lawyer will notify your doctor, healthcare professional, or medical entity of your intent to file a lawsuit. It’ll need to be sent to them via certified mail, and you must allow them 90 days to respond to your claim. Once they’ve responded, your attorney can officially file your case with the courts.
The Importance of Documentation in Florida Medical Negligence Lawsuits
When filing a Florida medical malpractice lawsuit, you must prove that your healthcare professional didn’t follow the generally accepted standard of care. This neglect negatively affected your quality of life – physically, psychologically, financially, etc. Your evidence of such will come in the form of medical records, medical bills, and a statement from a qualified healthcare expert whose educated opinion is that you suffered from a medical mistake or mishap.
Working with an experienced medical malpractice attorney is crucial to file the lawsuit and receive maximum compensation for your injuries. Florida’s statute of limitations for medical malpractice is 2 years, so hiring legal representation should be done as soon as you suspect medical neglect.