On the client’s part, the first step is suspecting that you might have been injured due to the negligence of a health care provider. We lawyers are always amazed at how accurate a person’s intuition or “gut feelings” are. The next step is to call a medical malpractice lawyer.
When you call a lawyer, he or she should take some basic information over the phone and then, if appropriate, set-up an appointment to meet you. At the appointment the attorney will take a detailed history, including the names of all health care professionals involved. The relevant medical records are ordered and reviewed, and then sent to a medical expert for review. In Florida, the next step is obtain an affidavit (sworn written statement) from the expert and put the prospective defendants on notice of the claim. This starts a multi-month statutory “presuit” process that must be completed before a lawsuit can be filed.