How Do I Sue a Doctor?
It’s very, very different suing a doctor for medical malpractice case as opposed to a property owner for a slip and fall or something like that. There are really no approved preconditions to filing a premises liability or negligent security case. The injury occurred, you gather the facts by the lawsuit. Not true with a medical malpractice case.
In a medical malpractice case, there has to be a prescreening. The facts have to be gathered, the records have to be gathered. The law firm, what we do in our instance, is we send those records out to an appropriate expert in that particular field no matter what the medical discipline was. There has to be an affidavit issued by that doctor that states there is a basis upon which to bring that claim, that there was a breach of appropriate medical protocol; in other words, substandard medical care. Once that’s been satisfied, then and only then can a medical malpractice claim be brought against a doctor in the state of Florida.