Amendment 7 Program

The Statute of Limitations for medical malpractice claims is two years in the State of Florida. This translates to an almost two-year head start that a Plaintiff’s attorney and their client may have in a claim against the physician or other providers of health care.

Certainly the physician is the first line of defense in the concept of “Risk Management”. After all, an untoward event that never occurred is the best remedy. However, what happens if despite the doctor's best efforts, a medical incident occurs?

Strategy

Once a lawsuit is filed, the Plaintiff and his or her attorney have already formulated their strategy. The physician may have already disclosed significant information to others that may be used as evidence against the physician. The Plaintiff’s counsel may be able to obtain this information, and additional information, through the litigation discovery process. To make matters worse, the provider of care may have been under the wrong impression that the information previously disclosed was veiled and unattainable by the Plaintiff.

Early Intervention Program

That is where Presley Law & Associates can be of significant help. The Early Intervention Program bridges the gap between a potential medical incident and the wait and see method. The concept of Risk Management should be an endless seam from the prevention, which is ultimately in the hands of the physician, to the defense of a filed lawsuit or Notice of Intent. What many doctors do not realize is that after an untoward event, certain critical events occur such as the possible filing of a Code15 report and/or peer review. Due to certain recent substantial legal events, such as Amendment 7 to the Florida Constitution and the Florida Decision in Buster, the information disclosed during these processes, which used to be veiled and undiscoverable, may ultimately end up in the hands of a Plaintiff’s attorney.

The legal team at the Presley Law & Associates has devised a system that can bridge the gap between the time an incident occurs and/or becomes known to the doctor and the time that a Notice of Intent to sue against the physician is issued by the plaintiff and their attorney. The time between the medical untoward event and issuance of a Notice of Intent to sue can be a critical time in terms of what a physician discloses and reveals to others, including, but not limited to, hospital administrators and peer review boards.

Early intervention is needed for true “Risk Management” to effectively and efficiently occur and thus protect the doctor's right. Experience demonstrates that the information that a physician, or any other provider of care, gives others--even if believed confidential--can and often will be used as evidence against the doctor in a medical malpractice suit.

Attorney Client Privilege and the Presley Law & Associate’s Amendment 7 Early Intervention Program

The process for submitting a document for coverage under the Presley Law Center Amendment 7 Early Intervention Program undergoes these various steps:

:: Clicking the appropriate link will allow for the sending of a file using the default email program. Physicians and other providers of health care are asked to not change the subject line of the email as it indicates what document and for what purposes the document is being submitted.

:: The physician, or other providers of health care attach the document to their outgoing email through their email programs "attach" function.

:: The physician, or other providers of health care, include any and all other relevant information to the body of the email that they feel their lawyer should know pertaining to the attached document.

:: The physician, or other providers of health care then press "send" to submit their email to the Presley Law Center.

This process will ensure all documents submitted will be covered under attorney client privilege.

Open the attached PDF document to see an actual Amendment 7 request for production that was sent to a health care provider.

Amendment 7 Request for Production >>

 

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