Florida Pre-Suit Notice for Medical Negligence

The Florida medical malpractice statute requires a claimant to give pre-suit notice of intent to initiate litigation under Fla. Stat. § 766.106 before filing suit. The notice must be accompanied by a verified written medical opinion from a qualified expert under Fla. Stat. § 766.203 corroborating the existence of grounds for the claim. The 90-day pre-suit period begins on receipt of the notice. During the pre-suit period, the parties engage in informal discovery including unsworn statements, document requests, and physical examinations under Fla. Stat. § 766.106(6). The statute of limitations is tolled during the pre-suit period under § 766.106(4). At the end of the period, the prospective defendant must reject the claim, offer settlement, or admit liability. From a defense perspective, the pre-suit period is the most valuable early case evaluation opportunity available in Florida medical malpractice practice. Coordinate with the insurer immediately upon receipt of the notice, since coverage analysis, defense counsel selection, and informal discovery strategy all turn on early decisions in this window.