Medical Malpractice - Personal Injury Lawyer [Free ......“The requirements of the presuit process in medical malpractice actions must be interpreted liberally so as not to unduly

FJA Ski CLE seminar Park City Utah 2019 By Matt Powell [email protected] (813) 222-2222https://mattlaw.com/lawyer-resources/#chp-1

Medical Malpractice

mailto:[email protected]


Whether accepting or referring, what you need to know regarding case selection, warning signs, and how to know if the case is on solid ground


By Matt Powell [email protected] (813) 222-2222https://mattlaw.com/lawyer-resources/#chp-1FJA Ski CLE seminar Park City Utah 2019

To access this presentation and the documents go to: https://bit.ly/2sxPV1Y


https://bit.ly/2sxPV1Y






Taking the mystery out of medical malpractice



Timeline

https://mattlaw.com/wp-content/uploads/2019/01/Medical-Malpractice-Timeline-Table.pdf


https://mattlaw.com/wp-content/uploads/2019/01/Medical-Malpractice-Timeline-Table.pdf


Forms you might like to use





Key Statutes and Rules you should know

https://mattlaw.com/wp-content/uploads/2019/01/Medical-Malpractice-What-you-need-to-know.pdf


https://mattlaw.com/wp-content/uploads/2019/01/Medical-Malpractice-What-you-need-to-know.pdf


Two Constitutional Amendments

● Attorney fee limitation

● Amendment Seven




● Attorney fee limitation

https://mattlaw.com/wp-content/uploads/2019/01/Exhibit-A-Waiver-of-Constitutional-Rights-for-a-Medical-Malpractice-Claim.pdf






● Amendment Seven

https://mattlaw.com/wp-content/uploads/2019/01/Amendment-Seven.pdf




Statutes of Limitations 95.11(4)(a)

2 years Most actions

4 years Fraud

7 years Birth Injuries



Calculating the Statute of Limitations:

Statute of Limitations is 2 years, plus you should purchase the extra 90 days for $42.00. Year One: 365Year Two: 365Extension: 090820 Days is the time limit for most medical malpractice claims Why do I count the time in days? Well, because of the statute that says when you file a notice of intent, you Pause or “TOLL” the statute for as long as the pre-suit period is 766.106(4). When the pre-suit ends, then the tolling stops, and you start to use your days again.



Calculating the Statute of Limitations:

2 years90 daysNOI tolling 90 daysThen another 60 days at the end to file suit 766.106(4)Total maximum is 4 years.



Simple things to consider

Burden of Proof

Who is a Health Care Provider that gets the Pre-Suit Protection

Pre-Suit is it good or bad

Selection of cases to take



Burden of Proof

. . . the claimant shall have the burden of proving by the greater weight of evidence that the alleged actions of the health care provider represented a breach of the prevailing professional standard of care for that health care provider. The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.



Who is a Health Care Provider

https://mattlaw.com/wp-content/uploads/2019/01/Definition-of-a-Health-Care-Provider-who-you-must-Pre-Suit-before-filing-suit.pdf





Is Pre-Suit Good or Bad



Selection of cases you want to take

Death vs. Non-Death cases



Death Cases

Are prohibited from bringing an action at all under Florida Statute 768.21(8) which basically says if you die as a result of medical malpractice and you are an adult, unmarried without children age 25 or less, then you are prohibited from bringing a suit.

“free kill law”



Death Cases

Second, you want to evaluate in a death case: who are the survivors?

Victim dies age 80, but survived by a spouse aged 83.



Financial Considerations

What are the damages in the case?Looking for at least $250,000 in specials:

Past medical billsFuture medical billsLost wages and earnings



Financial Considerations

If you don’t have $250k in specials, then your case is all about pain and suffering. Pain and Suffering cases the defense will try all day and every day. You may not collect much.



Types of cases to avoid or really look hard before saying yes:

Emergency Room Cases Because 768.13 Burden. . . demonstrating a reckless disregard for the consequences so as to affect the life or health of another.




Sovereign Immunity Cases 768.28




Orthopedic SurgeonsPlastic SurgeonsDentists




Financial Responsibility 458.320 License suspended if they don’t pay the minimums 100K for non surgeon, $250K for surgeon and hospital.




Statute of Limitations will run in less than 180 days



Title Seven





Notice of Intent

How do you get the medical records?

10 days to produce them to you or else, you pre-suit without an expert affidavit. 766.204



Notice of Intent

How do you find experts?

Networking with other FJA members, Jury Verdict reporter and search for the types of injuries or medical specialties and you will find experts there.



Notice of Intent

How do you find experts?

Use an expert witness service which can be good. Look at Medical Schools and Universities and look for younger newer faculty members who may be interested in learning expert work.



Notice of Intent

Just go get an affidavit?

Your expert MUST be qualified. 766.102



Notice of Intent

Unsworn StatementsInterrogatoriesRequest to ProduceWeaver v. Myers Nov 2017 removes the Ex-Parte secret interviews with treating physiciansInsurance disclosure of amounts



Notice of Intent

“The requirements of the presuit process in medical malpractice actions must be interpreted liberally so as not to unduly restrict a Florida citizen's constitutionally guaranteed access to the courts. Fla. Stat. Ann. § 766.201(2).” Morris v. Muniz , 252 So. 3d 1143 (Fla. 2018)



Notice of Intent

Morris v. Muniz , 252 So. 3d 1143 (Fla. 2018) Supreme Court of Florida explains in great detail how pre-suit investigation of a case is to be viewed. “It has been observed that “there is an increasingly disturbing trend of prospective defendants attempting to use the [chapter 766] statutory requirements as a sword against plaintiffs.”



Bottom Line



Thank you.


Documents

Medical Malpractice - Personal Injury Lawyer [Free ......“The requirements of the presuit process in medical malpractice actions must be interpreted liberally so as not to unduly