Daytona Beach Attorneys - Medical Negligence
A study commissioned by Harvard University states that tens of thousands of cases of medical malpractice go unreported each year. Many of these cases result in death or serious impairment or injury to the patient. Florida, like most states, has placed very strict limits on lawsuits against medical doctors and Daytona Beach attorneys know these limits. In the State of Florida, before you can sue a physician, you must first hire another physician to investigate the incident. The physician that you hire must then draft an affidavit setting forth the negligence of the treating physician. That affidavit must then be mailed to the treating physician who has 90 days to investigate the claim himself. At the end of the 90-day pre-suit screening period, the doctor can demand arbitration, otherwise the case can proceed to court. In any event, it is a very expensive and time-consuming process. Obviously these rules and regulations are meant to discourage people injured by the negligence of a physician from bringing a claim against that physician. In fact, the cost of the pre-suit screening period is such that most medical malpractice lawyers will not look at "minor" or "small" cases. It is unfortunate that the legislature has afforded medical doctors this extra type of protection, resulting in a great deal of unreported medical malpractice in the state.
At Seitz & Tresher, our Daytona Beach attorneys help our clients steer through the maze of rules and regulations. We will find an appropriate medical doctor to investigate the case and, when appropriate, provide us with an affidavit stating that the treating physician was negligent. We will aggressively pursue a medical malpractice claim through this pre-suit screening period and then in court. The statue of limitations for medical malpractice claims is half the length of time that the statute of limitations is for regular negligence claims. If you believe you have been the victim of medical malpractice, it is important that you contact an attorney as soon as possible so you can preserve your right to bring a claim.
Our Daytona Beach attorneys have put together a list of information helpful to those dealing with medical malpractice. Please view the l pages below: