Florida Medical Malpractice Presuit Requirements

Medical malpractice claims in Florida are complex and involve several specific legal requirements before a lawsuit can be filed. These pre-suit requirements are set forth to ensure that each case is thoroughly investigated and that all parties have an opportunity to resolve the matter without court intervention. If you or a loved one has been affected by medical negligence in Florida, understanding these requirements is crucial to protecting your legal rights and ensuring a proper path toward justice.

At the Law Offices of Jason Turchin, we have the experience necessary to navigate the pre-suit process and handle the complexities of medical malpractice claims. If you’re considering a medical malpractice lawsuit in Florida, contact us today for a free consultation to discuss your options.

What is a “Claim for Medical Malpractice”?

A medical malpractice claim in Florida arises from the failure of a healthcare provider to provide proper medical care or services, leading to injury or harm. This can include situations where a medical provider makes a mistake during treatment, fails to diagnose a condition properly, or provides substandard care.

Pre-Suit Notice Requirement

Under Florida law, a claimant (the person seeking to file a lawsuit) must notify each prospective defendant (such as a doctor, hospital, or other healthcare provider) of their intent to initiate litigation before filing a medical malpractice lawsuit. This notice is essential, as it triggers a 90-day presuit investigation period.

Notice can generally be served in one of the following ways:

• Certified mail, return receipt requested
• Mail with a tracking number
• Interstate commercial mail carrier or delivery service
• Any person authorized by law to serve process

Upon receipt of the notice, the prospective defendant is presumed to have received it, especially if sent to the address on file with the Florida Department of Health or Secretary of State.

Information to Include in the Notice

The notice must generally include specific information, including:

• A list of all known healthcare providers who treated the claimant before and after the alleged negligence.
• Copies of medical records relied upon by an expert who has signed an affidavit supporting the claim.
• A signed authorization form allowing the release of medical information.

Pre-Suit Investigation Period

Once the presuit notice is served, a 90-day investigation period typically begins. During this time, the prospective defendant and their insurer must review the claim. This investigation may include internal reviews, evaluation panels, or collaboration with medical professionals to determine the validity of the claim.

The claimant must also cooperate in the pre-suit process, including submitting to a physical examination if requested. Failure to cooperate can lead to the dismissal of claims or defenses. Importantly, no lawsuit can be filed until this 90-day period has expired.

Defendant’s Response to the Claim

At the conclusion of the 90-day pre-suit investigation, the prospective defendant must respond in one of the following ways:

1. Rejecting the claim.
2. Making a settlement offer.
3. Offering to arbitrate on the issue of damages, which includes admitting liability.

Failure by the prospective defendant to respond within the 90-day period is often considered a final rejection of the claim.

Tolling of Statutes of Limitations

The presuit process includes important provisions regarding the statute of limitations, the legal deadline by which a claim must be filed. Once the notice of intent is served, the statute of limitations is temporarily paused, or “tolled,” for the duration of the 90-day investigation period. This tolling ensures that the claimant’s right to file a lawsuit is preserved while the presuit process unfolds.

Informal Discovery

During the pre-suit period, both parties must make certain information available for review. This process, known as “informal discovery,” allows for the exchange of information without the formal court procedures. Informal discovery can include:

• Unsworn statements
• Production of documents or medical records
• Physical or mental examinations of the claimant
• Written questions to be answered by the parties
• Interviews with the claimant’s treating healthcare providers

Failure to cooperate in this process can result in sanctions, including the dismissal of claims or defenses.

Protecting Your Rights During the Pre-Suit Process

Navigating the pre-suit process for medical malpractice claims in Florida is a critical step in pursuing justice. This process requires thorough preparation and cooperation from both sides, and failing to comply with pre-suit requirements can have significant legal consequences. That’s why it’s essential to have experienced legal representation on your side.

How We Can Help

The Law Offices of Jason Turchin have the experience necessary to handle medical malpractice cases in Florida. Our team can guide you through each step of the pre-suit process, ensuring that all legal requirements are met and that your rights are protected.

If you believe you have been injured due to medical negligence, we invite you to contact our office for a free consultation. We’ll review your case, guide you through the pre-suit process if we accept the case, and help you understand your legal options.

Don’t wait—let us help you take the first step toward seeking the compensation you deserve. Call the Law Offices of Jason Turchin today!