If you believe you’re the victim of medical negligence, you could have the right to pursue a claim for damages. However, knowing where to start with medical malpractice insurance claims can feel daunting.
At James Horne Law PA, we understand the nuances of these claims and are here to guide you through this challenging process. This blog post will explain what you need to know about what constitutes medical malpractice and how to file an insurance claim in Florida. Our goal is to help you get the justice you deserve.
What Qualifies as Medical Malpractice?
Medical malpractice occurs when a medical provider deviates from the accepted standard of care, leading to injury or harm to a patient. It’s not just about a negative outcome, which can happen even with the best care. Medical malpractice involves negligence or a failure to act as a competent professional would under similar circumstances.
Criteria for Proving Malpractice
You must prove the provider was negligent to bring a malpractice claim successfully. Here are the elements of a medical malpractice claim in Florida:
- Doctor-patient relationship. You must prove there was a recognized doctor-patient relationship. It can’t be a doctor you talked with at a social function.
- Breach of standard of care. The healthcare provider must fail to adhere to the standards expected of a competent professional. Here, the court will look at what another medical professional with similar experience and training would’ve done when faced with the same scenario.
- Injury caused by the breach. You must have suffered harm or injury directly because of the medical provider’s breach. If the doctor breached the standard of care, but something unrelated caused your injuries, it’s not malpractice.
- Damages. You must have suffered a financial loss. Examples include medical expenses and lost wages.
A Florida medical malpractice lawyer at James Horne Law PA can walk you through the four elements of medical negligence to review whether you have a case.
Filing a Medical Malpractice Insurance Claim
Understanding how to file a medical malpractice insurance claim is crucial. Here’s a step-by-step look at how medical malpractice insurance claims are made.
Step 1: Consult with a Medical Malpractice Attorney
The first step is to seek legal advice from an experienced medical malpractice attorney. You need to hire a lawyer who understands the nuances of these cases and has a record of success in resolving them. You can find many personal injury lawyers in Florida, but choosing one with malpractice experience is vital.
Step 2: Obtain Medical Records
Your medical records are the cornerstone of your claim. They provide evidence of your treatment and the basis for alleging negligence. You need to get copies of all your treatments, second opinions, any follow-up care, etc.
Step 3: Medical Expert Affidavit
Florida law requires that you obtain a medical expert’s affidavit certifying that your case has merit. This expert, typically a healthcare professional in the same field as the defendant, will attest that a breach of the standard of care caused your injuries. If you’re suing a specialist, the expert witness must be a specialist in the same field.
Step 4: Filing the Claim
Your attorney will file a claim once you have the necessary documentation and meet all the criteria. That includes notifying the healthcare provider and their insurance company of your intent to sue.
Step 5: The Discovery Process
The case moves into discovery once you file a lawsuit and serve the defendants. Both parties will exchange information and gather evidence during the discovery process. This phase is crucial for building a solid case.
Step 6: Settlement or Trial
Many medical malpractice claims are settled out of court. However, your case may go to trial if we cannot settle on your behalf. Rest assured, we are not afraid to take your case to trial if that is in your best interest.
Evidence Needed for Your Claim
Collecting suitable types of evidence is crucial for maximizing your potential settlement. Examples of evidence used in medical malpractice insurance claims include:
- Medical records—documenting your diagnosis, treatment, and the impact on your health;
- Expert testimony—specialists in the field can provide insights into how the doctor breached the standard of care;
- Witness statements—anyone present or with relevant information about your treatment can offer valuable testimony; and
- Financial records—documenting the financial impact, including medical bills, lost wages, and other expenses related to the malpractice.
Every case differs, which means you might have other documentation that is relevant to your case. Your attorney will review the evidence that will help your specific malpractice claim.
Why Choose James Horne Law PA?
We understand you have multiple medical malpractice law firms in Florida to choose from. Unlike some law firms that handle every type of case, we focus heavily on medical malpractice matters. We have a stellar reputation and are proud of our track record in the courtroom, especially the complex cases.
At James Home Law PA, we combine professional experience with genuine empathy. We understand the physical and emotional impact that medical malpractice can have on victims and their families. Our legal team is committed to guiding you through every step of the legal process with transparency and support. We strive to make the journey towards justice as smooth and successful as possible, leveraging our expertise to secure the compensation you deserve.
Pursuing a medical malpractice claim can be terrifying, but you don’t have to go through it alone.
Contact Us
Contact us today to schedule a free, no-obligation consultation. Let us help you fight for the justice you deserve.
James “Jay” Horne is an AV-Preeminent rated aggressive litigation attorney, who focuses his practice on medical malpractice, personal injury and family law matters. He has successfully represented clients from case inception through trial and appeals in state and federal court. Jay was born and raised on the Suncoast. He is married and proud father to a one year old son. In his free time, he enjoys traveling, golfing and distance running during the cool months.
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