Filing a medical malpractice lawsuit in Florida is not as simple as walking into a courthouse and submitting paperwork. The state requires a certain process that both sides must complete before a case can move forward in court.
The role of the notice of intent
Florida law requires you to notify each prospective defendant of the intent to initiate a malpractice claim. This formal notification, known as a notice of intent, triggers a 90-day investigation period and pauses the statute of limitations.
You must send the notice via certified mail, return receipt requested, and it must include a verified written medical expert opinion corroborating the case of negligence. Each health care provider named in the notice then has 90 days to investigate before you may file a lawsuit.
The medical expert opinion requirement
Before or at the same time as the notice of intent, you must secure a verified written opinion from a qualified medical professional. This opinion must state that reasonable grounds exist to believe the other party failed to meet the accepted standard of care and that this failure caused the injury in question.
The medical professional who provides this opinion must specialize in the same specialty as the defendant if they are a specialist, or hold the same general practitioner status. Florida law sets clear rules on who qualifies as an expert, so an opinion from someone outside the relevant area of medicine does not meet the legal requirement.
The exchange of information during discovery
Once the presuit period starts, both sides begin an informal process to share details about the case. You may need to attend a physical exam, and the other party may ask for medical records, documents, and other materials tied to your case.
At the same time, you can request information from the defendant, including medical records, incident reports, and the names of other providers involved in treatment. Both sides may also take unsworn statements from witnesses, health care providers, and others with relevant knowledge as this stage moves forward.
The options at the end of presuit
If the defendant rejects the claim or fails to respond within 90 days, you must file a lawsuit within 60 days or the remainder of your statute of limitations, whichever is greater.
On the other hand, the other party can respond with an offer to resolve the case. If they offer to admit liability and enter binding arbitration, it opens a 30-day statutory window for you to accept or reject the proposal.
Standard settlement offers might also be extended during this time. Ultimately, if no agreement is reached or an offer is rejected, the case moves toward formal litigation.