What Happens During the Pre-Suit Investigation for Medical Malpractice Actions?

In Florida, every medical malpractice action begins with a pre-suit investigation. During this proceeding, the patient’s legal team aims to identify all liable parties so they can notify them of their client’s intent to sue.

The pre-suit investigation cannot begin without informing the court, as they must assign it a deadline. If the case is especially complex, the plaintiff can request a single 90-day extension. Otherwise, however, they must abide by the original deadline, or they risk dismissal.

Once the proceedings have commenced, three events will occur. First, the patient’s legal team will gather the evidence needed to assign blame. Second, they will notify those whom they deem liable about the pending litigation. Third, they will attempt to negotiate for a satisfactory settlement.

If the plaintiff and defendant can agree on a payout after reviewing all the evidence that came to light, they won’t have to proceed to court. They can simply resolve the action on their own. If, on the other hand, negotiations prove futile, the case will move forward, and the court will assume the authority to issue a judgement. It’s important to note that if either party fails to abide by the established proceedings during the pre-suit investigation, the court can dismiss any claims, motions, or defenses that they submit along the way.

How Can I Support My Legal Team’s Efforts During the Pre-Suit Investigation?

As long as you turn to a resourceful medical malpractice attorney, you’ll have peace of mind knowing your case is in good hands. While you focus on your recovery, your legal team can handle virtually every aspect of the pre-suit investigation, including the depositions, notices, and negotiations.

There are still steps you can take, however, to support their efforts and bolster your claim in the process. For example, you should preserve all your medical records. After every appointment, request a copy of all pertinent information regarding the visit, and store it in a safe place. You should also save all diagnostic images, paper prescriptions, pharmacy receipts, co-pay invoices, and health insurance statements.

Laying low on social media is another effective way to strengthen your case. The opposing party will undoubtedly try to monitor your online activity in an attempt to find cause to challenge your credibility. It’s best to avoid giving them any content at all, so they can’t even misconstrue seemingly innocuous posts.

If disabling your accounts temporarily is not an option, you can protect yourself by turning on the strictest privacy settings. This will at least make it harder for the insurance adjuster to access your posts.

Speak with a Lakeland Medical Malpractice Lawyer

Did you suffer serious complication because a provider made a mistake while diagnosing or treating you? To see if you might have grounds for a claim, turn to Capaz Law Firm, P.A.

Our tireless team is passionate about helping victims and their families pursue the funds needed to make their lives whole again. Call 813-551-3907 or fill out our Contact Form to set up a free case review with a medical malpractice attorney in Lakeland.