While filing any personal injury case can be complicated, Florida medical malpractice cases have an exceptionally complex set of procedural requirements. If a plaintiff fails to follow these exacting requirements, the court will likely dismiss their case, potentially leaving the plaintiff without any remedy for their injuries.
When discussing the requirements of a medical malpractice lawsuit, perhaps the best place to start is with the Florida medical malpractice pre-suit requirements. Before an injury victim can file a medical malpractice case, they must provide notice to each of the defendants named in the lawsuit. The plaintiff must attach an affidavit from a medical professional stating that the plaintiff has a valid medical malpractice claim.
Once the defendant receives the plaintiff’s pre-suit notice, there is a 90-day period in which the defendant must investigate the claim and determine whether they will contest the allegations or agree to settle the claim. During these 90 days, the statute of limitations is tolled. If the defendant denies liability, the plaintiff will have 60 days from that date, or until the end of the statute of limitations, to file a formal case against all defendants.