The Stages of a Florida Medical Malpractice Case (Part A)

If you are deciding whether or not to file a Florida medical malpractice claim, you may want to know the stages of a medical malpractice lawsuit. Your first step should be to find a Florida medical malpractice attorney who has experience in the specific type of medical negligence or doctor’s error that led to your injuries. 

What is Florida medical malpractice? 

Medical malpractice is defined as a negligent act on behalf of a medical practitioner while treating a patient for a medical condition. It’s important to note that the laws and rules concerning medical malpractice lawsuits vary in every state, which is why you are best-suited finding an attorney who understands the Florida medical malpractice statutes. 

Medical malpractice can be the result of an action or the failure to act, which can include: 

• misdiagnosis or a failure to diagnose a medical condition or disease;
• inability to provide necessary and appropriate treatment for a medical condition or disease; and
• delay in treating a diagnosed medical condition or disease. 

Stages of a Florida Medical Malpractice Claim 

While every case of medical malpractice is unique, each claim will typically involve 3 standard stages. 

Each of the 3 stages involves questions, and includes the following: 

• Questions directed toward the involved parties – which includes the victim (you) and the defendant (the doctor, medical professional or facility responsible for your injury);
• Questions directed toward non-party witnesses – which can include family, doctors or others; and
• Expert stage – each party will hire additional experts that will testify on their behalf.  

In the second stage, non-party witnesses that are questioned can prove very helpful. For instance, family members may know what happened in your case and can share how the injury has impacted your life. Doctors will have expert details surrounding your injuries. Other non-party witnesses, such as nurses, may also have important information that can be shared about your case. 

In the last stage of your Florida medical malpractice claim—the expert stage—the case may proceed to trial once both sides have had the opportunity to direct questions at the opposing party’s expert witnesses. 

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