Florida Medical Malpractice - Statutory Presuit Investigation Requirements

In Florida, a medical malpractice attorney must follow specific steps before they can start a lawsuit against a healthcare provider. These steps are called presuit requirements. They are essential for building a strong case in a medical malpractice claim. 

The presuit process is like a preliminary investigation. It helps to ensure that the claim has merit before it goes to court. This process can help avoid unnecessary lawsuits, saving time and resources for everyone involved, including the courts, the patients, and the healthcare providers. 

Before notifying a potential defendant of the intent to file a claim, a thorough investigation must be conducted by the medical malpractice lawyer. This investigation aims to determine if there are reasonable grounds to believe that the defendant was negligent in treating the claimant and that such negligence resulted in injury to the claimant. 

A claimant must support their medical malpractice claim by submitting a verified written opinion from a medical expert. This opinion, sent with the notice of intent to litigate, must meet the requirements in Florida Statutes Section 766.102. The medical expert must be qualified to testify about the defendant’s actions if the case goes to trial. 

If the presuit verified opinion is not written by a qualified medical expert, it does not comply with statutory requirements. This noncompliance can lead to the dismissal of the lawsuit with prejudice. 

Healthcare providers must furnish copies of relevant medical records within ten business days of a request. This provision ensures that all parties have access to the necessary documentation for a thorough investigation. 

The statute of limitations is automatically tolled for 90 days upon filing a petition for extension. This tolling period allows for reasonable investigation before giving notice of intent to sue, providing additional time for the claimant to prepare the case. 

Before filing a lawsuit, a prospective plaintiff must notify potential defendants of their intent to file a medical malpractice suit. This notice must be provided within the two-year statute of limitations and include a verified written medical expert opinion corroborating the claim. 

The tolling period begins with the timely mailing of the presuit notice, not the receipt of the notice. 

The notice must include: 

If the notice is served simultaneously with the complaint, the complaint may be dismissed with leave to amend. If the statute of limitations has expired, the dismissal may be with prejudice. 

A presuit notice is void if it is not accompanied by the required authorization for the release of protected health information. Any revocation of this authorization retroactively voids the notice and its tolling effect on the statute of limitations. 

After receiving the notice of intent to sue, the defendant has 90 days to investigate the claim. During this period, the statute of limitations is tolled. The defendant’s investigation must include consultation with a qualified medical expert to determine if there are reasonable grounds to deny the claim. Failure to conduct a reasonable investigation can result in the dismissal of the defendant’s defenses. 

The presuit process in Florida is designed to reduce frivolous lawsuits and encourage early settlement. By requiring a thorough investigation and expert corroboration, it ensures that only legitimate claims proceed to litigation. This process helps to filter out weak cases, saving time and resources for both the courts and the parties involved. 

Failing to comply with presuit requirements can have severe legal consequences, including the dismissal of the case. It's essential for both plaintiffs and defendants to understand these requirements thoroughly. Noncompliance can result in: 

Including real-life case studies can help illustrate the presuit process and its importance. For example: 

Navigating the presuit process in Florida medical malpractice cases requires careful attention to detail and strict adherence to the rules. By understanding and following these guidelines, attorneys can build a strong foundation for their cases, increasing the likelihood of a successful outcome for their clients. 

Ensuring compliance with all presuit requirements is not just a legal formality but a crucial strategy for a medical malpractice lawyer. A well-conducted presuit investigation helps to identify the strengths and weaknesses of the case early on, allowing for better preparation and a more strategic approach to litigation. It also facilitates early resolution of claims through settlements, which can be beneficial for both the claimant and the defendant, avoiding the time and expense associated with a prolonged court battle. 

Moreover, the presuit process underscores the importance of teamwork between the legal and medical fields. Medical experts play a key role in evaluating the merits of a claim and providing the necessary testimony to support the case. This teamwork helps to ensure that only claims with a solid medical basis proceed, thereby maintaining the integrity of the legal process and upholding the standards of medical care. 

For claimants, understanding the presuit process and its requirements can provide clarity and set realistic expectations. It emphasizes the need for thorough documentation and timely action, which are essential for the success of their claim. For defendants, it offers a structured opportunity to address and potentially resolve claims before they escalate to litigation, promoting a fair and balanced approach to medical malpractice disputes. 

In summary, the presuit process in Florida's medical malpractice cases is designed to ensure that claims are substantiated and that both parties have a fair opportunity to present their case.