Daytona Beach, Florida (DaytonaInjuryNews.com)  — Medical malpractice laws in Florida have been constantly changing, making it more and more difficult for you, the patient or survivor, to sue a health care facility or a health care provider for medical negligence.

To pursue a medical malpractice case, you must follow a two prong test. The first prong is that you have the burden to prove negligence, or that your health care provider fell below an acceptable standard of care. The second prong is that the negligence must cause, or substantially contribute to causing, an injury for which damages can be recovered. These damages include, but are not limited to, medical bills, future medical bills, lost wages, mental anguish and pain and suffering.

Although you may believe your health care facility or health care provider was negligent in providing care to you or your loved one, which caused injury and/or death, you must also have an expert provide sworn testimony regarding the two prong test before you can proceed against the alleged negligent party. With appropriate sworn testimony, you are then required to send the health care facility or health care provider a “letter of intent”, which means that you are required by law to first send a certified letter, with the sworn testimony attached, putting the alleged negligent party on notice of your claim. During this “letter of intent” stage, the statute of limitations for medical malpractice cases is tolled for 90 days. This 90 day period of time is afforded to the alleged negligent party in order for them to obtain your medical records, documents, your theory of the case, and even obtain an informal statement from you regarding your allegations. At the end of the 90 day period, the alleged negligent party must serve you with a certified letter and testimony from an expert if they intend to deny the claim, at which point you are allowed to file a lawsuit with the courts. Because of the complexity of the legal questions and the medical questions that must be answered, it is advisable to consult with an attorney experienced in medical malpractice laws.

The Law Offices of Rue & Ziffra have experienced Medical Malpractice attorneys who will consult with you without charge, obtain and review your medical records, and fully investigate and evaluate your potential medical malpractice claim.

This entry was posted on Monday, May 5th, 2008 at 7:37 pm and is filed under General Injury News, Medical Malpractice. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.