Before filing a medical negligence claim in Florida, injured patients and their families should know about Florida’s medical malpractice pre-suit requirements.
Unlike most other personal injury claims, Florida medical malpractice actions must meet several statutory conditions before a complaint can be filed in court.
What Are Florida’s Pre-Suit Requirements?
According to the Florida Department of Health, complications from medical and surgical care resulted in 203 deaths in Florida in 2024. There were 200 fatalities in 2022 and 196 in 2023.
Florida law requires an individual asserting a medical malpractice claim to conduct a pre-suit investigation before filing a claim. Florida Statutes Chapter 766 generally establishes the procedures claimants and healthcare providers must follow when resolving potential medical negligence claims.
Florida’s pre-suit requirements differ from most other civil claims because Florida law requires the prospective plaintiff and the defendant healthcare provider to engage in a formal investigation before filing a claim.
The pre-suit process applies to medical malpractice claims against physicians, hospitals, nurses, surgical centers, and other licensed healthcare professionals or facilities when the injury or death is alleged to have been caused by medical negligence.
The Pre-suit Investigation Process
The claimant must conduct a reasonable investigation to determine whether there are grounds to believe that medical negligence has occurred. As part of that investigation, the claimant generally must obtain a verified written medical professional opinion from a qualified healthcare professional stating that there appears to be evidence of medical negligence.
After completing the investigation, the claimant serves each prospective defendant with a written Notice of Intent to Initiate Litigation. This notice begins the statutorily defined pre-suit period during which the healthcare provider investigates the allegations and evaluates the claim before a claim is filed.
During this period, the parties may exchange relevant information, take unsworn statements, and negotiate possible settlements. During the pre-suit investigation, the statute of limitations is effectively put on hold.
Common Reasons Claims Are Denied
Not every negative medical outcome is the result of medical malpractice. Many claims are denied because the evidence fails to demonstrate that a health care provider breached the relevant standard of care or that the patient’s injury was caused by an underlying medical condition, as opposed to negligence. A claim may also be denied if it is filed after the statute of limitations.
Hire a Medical Malpractice Lawyer
For anyone who wants to hire a medical malpractice attorney, it’s crucial to grasp that the pre-suit process extends well beyond the initial preparation for filing a claim. The process involves a medical malpractice lawyer overseeing the professional witness assessment, compiling and reviewing medical documentation, putting together the Notice of Intent, and securing adherence to statutory deadlines.
An attorney also works with medical professionals to evaluate the responses from the healthcare providers during the pre-suit investigation.
After the pre-suit requirements are met, medical malpractice claims are generally filed in the circuit court serving the county where the alleged negligence occurred. For instance, medical malpractice claims arising in Hillsborough County are most commonly filed in the George E. Edgecomb Courthouse, 800 East Twiggs Street, Tampa, FL 33602.
Choose Spangenberg Shibley & Liber for Your Case
Spangenberg Shibley & Liber has represented victims of medical negligence since 1946 and has recovered over $1 billion in verdicts and settlements. However, past results do not guarantee a similar outcome. Each case is different and must be evaluated on its own merits.
The firm focuses on complex, high-value medical malpractice litigation and has secured several high-stakes results, including an $8.5 million settlement involving a misdiagnosis that led to quadriplegia and a $6.5 million wrongful death verdict involving medical malpractice.
The firm’s experience handling sophisticated healthcare negligence claims and how they relate to medical malpractice laws allows it to evaluate cases involving hospitals, physicians, surgeons, and other healthcare providers. We can assist you in your claim as well. Contact us today for more information.
