How do I file a suit against a Florida hospital?

Answer:

Florida law has very strict laws for filing a medical malpractice lawsuit against a hospital located in its state. These rules establish the timeframes and prerequisites for filing suit, failure to comply with these rules may result in the case being dismissed by the court.

Initial Step: Notice of Intent to Sue

Florida requires plaintiffs in a lawsuit against a hospital to first file a notice of intent to sue. This is typically a letter that is filed with the court. The plaintiff is required to provide a copy of this notice to the hospital and all other interested parties.

The hope is that upon receipt of the notice the two parties will try to settle their dispute outside of court. There is no requirement at this point, however, to meet with the hospital to negotiate a deal.

Second Step: File a Complaint

Twenty days after the notice of intent has been filed the plaintiff can file and serve their complaint against the hospital. The complaint is the main document in any lawsuit; in it the plaintiff states the allegations against the hospital, why he is entitled to damages for his injuries and what remedy he seeks. The most typical remedy is money.

Third Step: Attend Mediation

While the parties in a medical malpractice lawsuit are not required to attend mediation before the complaint is filed they are required to attend after the complaint is filed. During mediation the two parties will meet to try to negotiate a deal. If they do not reach an agreement the case will proceed like any other lawsuit and potentially go to trial.

Obtaining Legal Advice

If you believe that you have a medical malpractice lawsuit against a hospital seek legal advice. A lawyer will review the facts of your treatment and discuss with you the possibility of recovering compensation for your damages.

References:

Florida Laws on Hospital Patient Neglect

Get Informed - Medical Malpractice Laws & Information

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