Index
Florida Medical Malpractice Pre-Suit Requirements
Summary
Before filing a lawsuit, a claimant must notify the defendant and conduct a good faith pre-suit investigation.
Rights & Rules
- 01.You must provide a 'Notice of Intent to Sue' 90 days before filing in court.
- 02.You have the right to access the provider's records related to the incident within 10 days of the request during pre-suit.
Penalties
- 01.Dismissal of the lawsuit if pre-suit procedures are not strictly followed.
- 02.Sanctions for failure to cooperate in good faith discovery.
Verified Citations
Fla. Stat. § 766.106
Source"After completion of presuit investigation... and prior to filing a complaint for medical negligence, a claimant shall notify each prospective defendant by certified mail."