If you've suffered harm due to a healthcare provider’s negligence in Florida, pursuing a medical malpractice lawsuit involves more than just filing a complaint. Florida law imposes strict pre-suit requirements that must be followed before you can bring a claim to court. These requirements are designed to discourage frivolous lawsuits but often create procedural hurdles for legitimate victims. This blog breaks down Florida’s medical malpractice pre-suit requirements and how they impact your ability to seek justice.
1. What Is the Pre-Suit Process in Florida Medical Malpractice Cases?
Under Florida Statutes, a potential plaintiff must complete a pre-suit investigation and provide notice to each prospective defendant before filing a medical malpractice lawsuit. The failure to comply with these requirements can result in dismissal of your case—even if you have a valid claim.
2. Step-by-Step Breakdown of Florida’s Pre-Suit Requirements
A. Reasonable Investigation
Before sending notice, the plaintiff or their attorney must conduct a good faith investigation to determine whether there are grounds to believe that medical negligence occurred. This investigation must be supported by a written medical expert opinion.
- Expert Requirement: The opinion must come from a healthcare provider who meets the expert qualifications defined in the statute.
B. Pre-Suit Notice of Intent
Once the investigation is complete, the plaintiff must serve a Notice of Intent to Initiate Litigation on each prospective defendant.
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Content: The notice must include the names of all known providers, a brief description of the claim, a list of known injuries, and the required expert opinion.
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Service: Notice must be sent by certified mail, return receipt requested, or another authorized method of service.
C. 90-Day Waiting Period
After receiving the notice, the defendant has 90 days to investigate the claim.
During this time:
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The statute of limitations is tolled.
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The defendant may request informal discovery.
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Settlement negotiations or arbitration may occur.
At the end of the 90 days, the defendant must respond in one of the following ways:
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Reject the claim.
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Make a settlement offer.
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Offer to arbitrate.
D. Certificate of Compliance
When the lawsuit is eventually filed, the plaintiff must include a Certificate of Compliance, confirming that all pre-suit requirements were satisfied.
3. Why These Requirements Matter
Courts in Florida strictly enforce these procedural rules. Failure to serve a proper pre-suit notice or to provide a compliant expert affidavit can result in dismissal with prejudice, meaning you may lose your right to pursue the case permanently.
4. Navigating the Process with an Experienced Attorney
The pre-suit process is complex and time-sensitive. A knowledgeable Florida medical malpractice attorney can ensure all steps are followed properly and protect your rights from being lost on procedural grounds.
Your attorney will:
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Coordinate a qualified expert review.
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Serve the notice of intent correctly.
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Respond to defense discovery requests.
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Prepare the certificate of compliance.
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File your case timely after pre-suit is complete.
5. Conclusion
Florida’s medical malpractice pre-suit requirements are strict, and any misstep could cost you your chance at justice. If you or a loved one has been injured by a medical error in Florida, consult with a qualified medical malpractice attorney as early as possible to ensure all statutory requirements are satisfied.
Need Help with a Medical Malpractice Case in Florida?
Contact us today for a free consultation and let us guide you through Florida’s pre-suit process.
Have you or someone you know been injured as a result of medical malpractice? Contact Florida Hospital and Medical Malpractice Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
