In the complex arena of medical malpractice litigation, Florida Statute F.S. 766.106 plays a pivotal role by outlining the pre-suit requirements that claimants must fulfill before initiating legal action against healthcare providers. This statute is designed to streamline disputes, facilitate fair settlements, and reduce the number of frivolous lawsuits in the realm of medical negligence. Here’s a breakdown of the key components of the statute and their implications for both plaintiffs and defendants in medical malpractice cases.

Overview of F.S. 766.106

Florida Statute 766.106 sets forth specific procedural prerequisites that a claimant must meet prior to filing a medical malpractice lawsuit. The primary objectives of these requirements are to provide an opportunity for the parties to settle claims without litigation and to discourage meritless claims.

Key Provisions of the Statute

  1. Notice of Intent to Initiate Litigation: The statute requires that the claimant serve each prospective defendant with a notice of intent to initiate litigation. This notice must include an authorization form for the release of the claimant’s health information and a list of all known healthcare providers seen by the claimant for the injuries claimed.

  2. Pre-Suit Investigation by the Claimant: The claimant must conduct a pre-suit investigation to ascertain that there are reasonable grounds to believe that each named defendant was negligent in the care or treatment of the claimant. This involves obtaining a written opinion from a medical expert, which confirms that there appears to be evidence of medical negligence.

  3. Pre-Suit Investigation by the Defendant: Upon receipt of the notice and during the subsequent 90-day period, the defendant has the opportunity to conduct their own pre-suit investigation. This period allows the defendant to evaluate the claim, determine the merits of the defense, and consider options for settlement. The defendant may also request additional information from the claimant, conduct interviews with the claimant, and obtain further medical opinions.

  4. Mandatory Response by the Defendant: Before the expiration of the 90-day period, the defendant must provide a response to the claimant’s notice. This response can be an offer to settle the claim, a denial of the claim, or an offer to admit liability and arbitrate damages. If an offer is made, the parties may go to mediation to negotiate a settlement.

Legal Implications and Strategic Considerations

The pre-suit requirements under F.S. 766.106 significantly influence the strategy of both plaintiffs and defendants in medical malpractice cases. For claimants, the necessity of securing a medical expert’s opinion before filing a lawsuit underscores the importance of thorough case preparation. Additionally, the pre-suit notice and subsequent interactions can provide an early resolution to disputes, potentially saving time and litigation costs.

For defendants, the statute offers a critical period to assess the strength of the claim against them and to decide whether to settle quickly or prepare for a possible trial. Strategic use of this time can lead to favorable outcomes, either by avoiding costly litigation through settlement or by strengthening the defense in anticipation of a lawsuit.


Florida’s F.S. 766.106 represents a crucial element of medical malpractice litigation, emphasizing the importance of pre-litigation resolution efforts. Both healthcare providers and potential plaintiffs must navigate these pre-suit requirements carefully, as they set the stage for how medical malpractice claims are handled. Understanding and effectively managing this process is essential for all parties involved to achieve fair and efficient outcomes.

You can reach 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 Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.

J.P. Gonzalez-Sirgo
J.P. Gonzalez-Sirgo, P.A.
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