Medical malpractice lawsuits are among the more challenging personal injury cases. They involve claims for damages against medical practitioners whose negligence caused injury or death.
In Davie, medical malpractice lawsuits are governed by Florida state law, which provides the legal framework for pre-suit procedures, arbitration, and limitation on damages. Understanding the related laws could help you pursue a claim for damages. If you’ve been injured due to a medical professional’s negligence, a Davie medical malpractice attorney at Eggnatz | Pascucci will work hard to hold them accountable.
Meet Founding Attorney Joshua H. Eggnatz
Joshua Eggnatz learned how insurance companies and corporations fight claims from the inside because he used to work for them. After years at large defense firms mastering their tactics to deny and underpay injured people, Josh switched sides and now uses that knowledge to fight for individuals against the very forces he once defended.
He’s a proven warrior in personal injury and class action litigation, securing millions for clients harmed by car accidents, defective products, medical malpractice, cruise ship incidents, and corporate wrongdoing.
Court-appointed Class Counsel in multiple nationwide class actions and recognized on the Super Lawyers Rising Stars list for 11 consecutive years (2013-2024), Josh delivers results while staying honest about your case.
A native Floridian, he lives in Davie with his wife Laura and kids Asher and Ava, balancing his fierce courtroom advocacy with coaching youth soccer and family adventures.
Meet Founding Attorney Michael J. Pascucci
Michael Pascucci co-founded Eggnatz | Pascucci to give clients something rare: powerful legal representation with direct access to their lawyers. Like Josh, Mike spent years working for the other side, defending insurance companies and major corporations, giving him insider knowledge of exactly how they handle injury claims and litigation. Now he uses that advantage to fight for everyday people across Florida in personal injury cases, from auto and trucking accidents to construction incidents and sexual assaults.
Appointed as Class Counsel in high-profile nationwide class actions, Mike has recovered millions for consumers victimized by false advertising, illegal debt collection, and deceptive business practices.
A four-time Super Lawyers Rising Star and former National Trial Lawyers Top 40 under 40 honoree, Mike lives in Cooper City with his wife Allyson and daughters Ansley and Alexandra. When he’s not winning cases, he’s coaching youth sports, volunteering with charities, and providing free legal help to those who need it most.
Contact Our Davie Medical Malpractice Attorneys Today
The experienced Davie medical malpractice attorneys at Eggnatz | Pascucci know how to investigate your case, build a powerful claim, and fight relentlessly for the compensation you deserve. We guide you through every step with clear communication and unwavering support. Contact us today for a free, no-obligation consultation at (954) 889-3359 or text us at (954) 289-6961. Your story matters, let us fight to tell it.
Why Choose a Davie Medical Malpractice Lawyer from Eggnatz | Pascucci?
After a medical malpractice injury, it’s likely you’re in immense pain and unable to live the life you were previously accustomed to. Instead of navigating the legal process yourself, relying on a trained professional is better.
Victims of medical malpractice most of the time suffer from significant injuries such as misdiagnosis, medication errors, and surgical mistakes, leading to long-term consequences and complications. Our Davie personal injury attorneys at Eggnatz and Pascucci offer years of expertise and knowledge. They will guide you through the legalities when making and filing a case.
Unfortunately, another result of medical malpractice cases are fatalities. A loved one or a family member ends up passing away. Our Davie wrongful death lawyers will offer their professional guidance through your tough time, navigating this emotional time and complex legal proceedings.
Our excellent legal team of medical malpractice attorneys in Davie has helped countless medical malpractice victims receive compensation for their injuries. We’ll fight hard for every dime and never back down from a legal battle.
Burden of Proof in Medical Malpractice Cases in Davie, FL
At the outset, it must be emphasized that the plaintiff or injured party shall have the burden to prove that the healthcare provider deviated from the standard of care. The standard of care is defined as that level of care, skill, and treatment that, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar healthcare providers (Section 766.102 (1)).
If the injury is claimed to have resulted from the negligent affirmative medical intervention of the health care provider, the claimant must show that the injury was not within the necessary or reasonably foreseeable results of the medical procedure constituting the medical intervention (Section 766.102 (2)(a)).
A personal injury attorney will help you meet your burden of proof, ensuring you get all the money you deserve.
Pre-suit Medical Malpractice Investigation Procedures in Davie Malpractice Cases
Before filing a medical malpractice case, there are pre-suit requirements that must be strictly complied with:
- The claimant shall notify each prospective defendant of the intent to initiate litigation for medical negligence.
- The notice shall contain, if possible, a list of all known healthcare providers seen by the claimant for the injuries complained of after the alleged act of negligence.
After the notice is submitted, the prospective defendant’s insurer shall conduct an investigation. You need a medical malpractice lawyer in Davie at every step of the pre-trial phase to protect your rights and negotiate on your behalf.
Medical Malpractice Voluntary Binding Arbitration in Davie
Upon completing the pre-suit investigation with preliminary reasonable grounds for a medical negligence claim intact, the parties may elect to have damages determined by an arbitration panel. Either party may initiate such election by serving a request for voluntary binding arbitration of damages within 90 days after service of the claimant’s notice of intent to initiate litigation upon the defendant (Section 766.207).
Expert Witness for Your Davie Medical Malpractice Injury Case
Due to the highly technical nature of medical malpractice cases, an expert opinion may be used as evidence in court. An expert witness is a healthcare provider who holds an active and valid license and conducts a complete review of the pertinent medical records. If the expert’s testimony is offered as a specialist, the expert witness must specialize in the same specialty as the defendant. Additionally, the expert witness must have devoted professional time during the three years immediately preceding the date of the occurrence of the medical malpractice (Section 766.102).
Testimonials
I will definitely refer them in the future.
“Without the help of Josh Eggnatz, a complex business transaction involving three different companies would have never been consummated. His ability to keep a level head and work towards the end goal made the difference.”
-John McDonald
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I would highly recommend him to anyone in need of an attorney who combines experience, passion, and heart
“When it came time to fight for us, Mike gave it everything he had. He was prepared, knowledgeable, and relentless in making sure my family’s best interests were protected. Through this experience, I got to know him better, and I can say without hesitation that this is someone who will fight for anyone who needs his help. He’s not only skilled at what he does, but he also cares deeply about the people he represents.
Mike truly knows his stuff, and I am beyond grateful for everything he and his firm have done for my family.”
-Liz Rodriguez
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I would highly recommend Michael to anyone looking for legal support, no matter the size of the case
“I’m incredibly grateful to Michael Pascucci and his team at Eggnatz Pascucci for their outstanding work representing me in my case. From the very beginning they were attentive, knowledgeable, and genuinely committed to the case.
Thanks to their dedication, we were able to reach a favorable settlement. ”
-NM
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Get A Davie Medical Malpractice Attorney For Your Injury
Medical malpractice lawsuits are usually complicated due to the legal procedures involved in prosecuting them and the level of evidence needed to successfully recover damages. In most cases, claimants seek the assistance of a lawyer to help them pursue their claims.
If you are involved in a medical malpractice case in Davie, you should seek an experienced lawyer. The dedicated attorneys at Eggnatz | Pascucci understand medical malpractice claims and have helped countless patients achieve a just result following their accidents. Contact us today for a free, no-obligation legal consultation. You can reach out by calling us at (954) 889-3359 or texting us at (954) 289-6961.