Arbitration in Florida Medical Malpractice Cases
In recent years, there has been a big push for arbitration of medical malpractice cases throughout the United States. Insurers and medical professionals were behind this push for an alternative dispute resolution method because they believe arbitration is a less expensive method of resolving medical malpractice claims. In contrast, many claimants feel that this push is partially due to widely publicized jury verdicts in recent years. In the state of Florida, all medical malpractice cases begin with a pre-suit investigation. A pre-suit medical malpractice investigation is essentially a way of differentiating meritless medical malpractice claims from legitimate claims that have an evidentiary basis. In sum, the goal of a pre-suit investigation is to see if there is a factual and reasonable basis for bringing a medical malpractice claim against a medical professional as a result of their negligence. Florida law provides that a medical malpractice plaintiff must send a notice by certified mail to let the physician and/or their employer know that you are looking to file a medical malpractice claim. After receiving the notice, both parties to the lawsuit are entitled to conduct discovery to look into the allegations being made. To do this, parties are allowed to obtain the following types of discovery: unsworn statements, production of documents or things; and physical examinations. Remember, the timing requirements in medical malpractice cases are important. A claimant is not allowed to file a lawsuit until at least 90 days have passed since the receipt of the notice of intent. However, after the 90-day period expires or once a claimant receives a written rejection of the claim, they can go ahead and file their medical malpractice case. Florida law requires the prospective defendant to respond to your notice within 90 days and they have 3 options: they can either reject your claim, offer settlement of your claim, or offer to resolve the dispute through arbitration process. In this blog post, we will discuss the arbitration process with respect to medical malpractice claims in Florida.
How the Arbitration Process Works in Florida
There are many pros and cons for claimants involved in medical malpractice arbitration proceedings. If you receive a response to your notice of intent and the opposing party has chosen to offer arbitration as a way to resolve the claim, there are number of things you should be aware of. First of all, at an arbitration hearing, you won’t have to prove liability or fault. As such, the presentation of evidence is rather informal as the true purpose of arbitration is to determine the amount of damages that should be awarded. This means that your lawyer will have to present information regarding the cost of your medical treatment, lost wages, pain and suffering, diminished quality of life, and other losses. The next item you may be wondering about is who will be overseeing your arbitration hearing. In most instances, there will be a total of three arbitrators on a panel in charge of overseeing the entire process. Each party will select one of two arbitrators, and the last position on the panel will be held by an administrative judge appointed by law to serve as the chief arbitrator. Overall, every medical malpractice claim is different, and it is always a good idea to speak with an attorney so that you can develop a strategy for your case and discuss whether arbitration is a good idea for your case.
Speak with a Florida Medical Malpractice Attorney Today!
As you can see, the arbitration process can save a lot of time and money for all parties involved, especially as it pertains to medical malpractice cases in Florida. While arbitrating a claim can be an effective avenue for some, it can be complex, and it is best to get a medical malpractice attorney involved to help guide you through the process. The Florida medical malpractice attorneys at Suarez & Montero encourage you to reach out so that we can explain more about the different ways that our law firm and attorneys can provide legal help and guidance with your medical malpractice claim. Make an appointment with us at one of our many locations. Remember, we work on a contingency basis so you will owe us nothing If we are unable to obtain successful results for your case. The attorneys at Suarez & Montero can meet with you to discuss further. always available to talk with you and answer your questions. Our skillful attorneys are genuinely committed to our clients. We will fight to make sure that you get the maximum amount of compensation owed to you. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. Our Law Firm’s history of extraordinary representation and success in personal injury cases has earned us glowing testimonials from former clients, as well as high reviews on Google! We are available 24/7 to give you a free, no risk case consultation.
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
