Filing a medical malpractice lawsuit in Florida is not as simple as filing other personal injury claims. The state has established a rigorous 'pre-suit' process that must be completed before a comp...
Filing a medical malpractice lawsuit in Florida is not as simple as filing other personal injury claims. The state has established a rigorous 'pre-suit' process that must be completed before a complaint can even be filed in court. These requirements are designed to encourage settlement and weed out baseless claims, but they can be a minefield for the unprepared. Understanding this process is vital for anyone considering a malpractice action.
The Purpose of Pre-Suit Requirements
The Florida Legislature created the pre-suit process to reduce the burden on the courts and lower malpractice insurance premiums. The idea is to force both sides to investigate the claim early on. If the claim has merit, the hope is that it will settle without expensive litigation. If it lacks merit, it should be dropped before a lawsuit is filed.
Notice of Intent to Initiate Litigation
The process begins with the plaintiff (the injured patient) serving a 'Notice of Intent to Initiate Litigation' on all prospective defendants. This notice must include a detailed affidavit from a medical expert attesting that there are reasonable grounds for the claim. Without this notice and affidavit, your case cannot proceed.
The 90-Day Investigation Period
Once the Notice of Intent is served, a 90-day investigation period begins. During this time, the statute of limitations is tolled (paused). The defendants (doctors, hospitals) must conduct their own investigation. They can request your medical records and even unsworn statements. You cannot file a lawsuit during these 90 days.
The Defendant's Response
At the end of the 90 days, the defendant must provide a response. They can: 1) Reject the claim, 2) Offer to settle, or 3) Offer to admit liability and arbitrate damages. If they reject the claim, you then have 60 days (or the remainder of the statute of limitations, whichever is longer) to file your lawsuit in court.
Why You Need an Attorney Immediately
Because the pre-suit process is so technical and strict, attempting it without a lawyer is risky. A mistake in the Notice of Intent or the expert affidavit can lead to your case being dismissed. Additionally, the timeline is tight. You need an attorney to manage the deadlines and secure the necessary medical experts.
Contact Emas Law Group Today
Florida's pre-suit requirements add a layer of complexity to medical malpractice cases, but they also provide an opportunity to resolve valid claims efficiently. Navigating this process requires legal expertise and attention to detail. At Emas Law Group, we are experts in Florida's medical malpractice procedures. We handle the pre-suit investigation so you can focus on healing. Contact us to start your claim correctly.
Frequently Asked Questions
What is a medical expert affidavit?
It is a sworn statement from a qualified medical professional (usually in the same specialty as the defendant) stating that they have reviewed the case and believe there is evidence of negligence.
Does the statute of limitations stop during the pre-suit period?
Yes, the statute of limitations is 'tolled' (paused) for the 90-day investigation period, plus an additional amount of time in some circumstances.
What happens if the defendant offers to arbitrate?
If they offer to admit liability and arbitrate damages, and you accept, you are guaranteed compensation, but there are caps on non-economic damages. You should discuss the pros and cons with your lawyer.