Many people are surprised to learn that in Florida, you cannot simply file a medical malpractice lawsuit. Chapter 766 of the Florida Statutes requires a “pre-suit” process first. It was designed to screen out claims without merit and to encourage early resolution, and it shapes the first months of every case. Here is what to expect.

Step 1: A Reasonable Investigation

Before giving notice of a claim, the injured person’s attorney must conduct a reasonable investigation to determine whether there are grounds for a good faith belief that a provider was negligent and that the negligence caused the injury. In practice, this means gathering complete medical records and having them reviewed carefully.

As a former critical care nurse, I begin that review myself. Knowing what the chart should contain, and what is missing, helps focus the case early.

Step 2: A Corroborating Medical Expert Opinion

Florida requires a verified written opinion from a qualified medical expert that corroborates the reasonable grounds for the claim. The expert generally must practice in the same or a similar specialty as the provider whose care is being questioned. Finding the right expert is one of the most important early decisions in a malpractice case.

Step 3: The Notice of Intent

Next, a formal notice of intent to initiate litigation is sent by certified mail to each prospective defendant, along with the expert’s opinion. Mailing the notice starts the 90-day pre-suit period. During that period, no lawsuit may be filed, and the statute of limitations is tolled (paused).

Step 4: The 90-Day Investigation Period

During the 90 days, the healthcare provider and its insurer must conduct their own review of the claim. Both sides may exchange information through informal discovery, which can include requests for documents, written questions, and unsworn statements. By the end of the period, the provider must respond in one of three ways:

• Reject the claim, in which case the claimant may file a lawsuit;
• Make a settlement offer; or
• Admit liability and offer to arbitrate the amount of damages.

If the provider does not respond within the 90 days, the failure to respond is treated as a rejection of the claim.

What If the Deadline Is Close?

Florida law allows an automatic 90-day extension of the statute of limitations, obtained by filing a petition with the clerk of court, to give the claimant time to complete the required investigation. Timing matters, and these tools should be used carefully and early.

Why This Process Matters to You

The pre-suit process means that the strength of a case is tested before it ever reaches a courtroom. A well-prepared notice, supported by a strong expert opinion and a clear review of the medical records, puts the patient in the best position for either an early resolution or litigation.

If you are thinking about a possible medical malpractice claim, call me at 772-238-6388 for a free, confidential consultation.

This article provides general information about Florida law and is not legal advice. Reading it does not create an attorney-client relationship. Please contact an attorney about your specific situation.