Florida Medical Malpractice Pre-Suit Notice Steps Patients Must Follow
You’re hurt, bills are piling up, and you want answers. In Florida, though, you usually can’t file a medical malpractice lawsuit the moment you suspect something went wrong. You have to follow a formal process first, and courts enforce it.
That process starts with a Florida medical malpractice notice, often called a Notice of Intent to Initiate Litigation. If you skip steps or send the wrong paperwork, your case can get thrown out before it begins.
Below is how Florida’s pre-suit notice steps work, why they matter, and where people most often get tripped up.
What the Florida pre-suit notice rule really means
Florida medical malpractice claims run on deadlines and paperwork, not just proof. The law requires a pre-suit screening process designed to force early review and early exchange of information. Think of it like a required “yellow light” before anyone can race into court.
The key point is simple: you must serve a Notice of Intent before filing suit in most malpractice cases. The notice also triggers a waiting period where the provider and insurer investigate and decide how to respond. That framework appears in Florida’s medical malpractice statutes, including Florida Statute 766.106 (pre-suit notice and screening).
Timing ties into the statute of limitations. Many patients learn about the two-year limit and assume they can “deal with it later.” That’s risky because the pre-suit process takes time. If you’re close to the deadline, the notice may help preserve the claim, but only if everything is done correctly.
For a deeper explanation of malpractice filing deadlines and the discovery rule, see Florida medical malpractice statute of limitations.
If you remember one thing, remember this: pre-suit notice is not optional paperwork. It’s a gate you have to pass through.
The pre-suit notice steps, in plain English
Florida’s rules can feel like assembling furniture without instructions. The steps below put the process in a practical order. Details matter, so most people benefit from legal help early, while records and timelines are still clear.
Step 1: Start with a pre-suit investigation and expert support
Before the notice goes out, Florida expects a reasonable investigation. In practice, that means gathering records and getting a qualified medical expert to review them. The law also addresses the need for a corroborating medical opinion. A starting place is Florida Statute 766.203 (reasonable investigation and expert opinion).
Step 2: Prepare the Notice of Intent package
A proper Florida medical malpractice notice usually includes more than a letter. It often needs:
- A short statement of what happened and how the patient was harmed
- A verified medical expert opinion supporting the claim
- Relevant medical records and materials the expert reviewed
- A list of other providers involved in care (often including prior treatment history)
- Authorizations that allow the defense to obtain records and evaluate the claim
The goal is to put enough on the table for the insurer to evaluate liability and damages.
Step 3: Serve the notice correctly
Service method matters. Patients and lawyers commonly use certified mail or a formal process server so there’s proof of delivery. You want a clean record of when the provider received the notice because the waiting period runs from receipt.
Step 4: Wait through the 90-day pre-suit investigation period
After service, a 90-day investigation period begins. During that time, the defense can investigate, request information, and decide whether to deny the claim, make an offer, or admit liability. Florida also allows “informal discovery” in this window, meaning both sides may exchange records and information without full court discovery.
Step 5: File suit only after the window closes (if needed)
If the claim isn’t resolved, the lawsuit can be filed after the pre-suit period ends. The notice process can also affect the limitations deadline because the law provides timing protections tied to the pre-suit period. Because the math can get tight, it helps to map the timeline early.
Here’s a quick way to picture the sequence:
| Stage | What it usually means |
|---|---|
| Records and expert review | Case gets screened for merit before notice |
| Notice of Intent served | Pre-suit process formally begins |
| 90-day investigation period | Insurer reviews, both sides exchange info |
| Response and next step | Settlement talks or lawsuit filing decision |
If you want a broader “what happens next” view, read what to expect when filing a medical malpractice claim.
Mistakes that can sink a case (and how to avoid them)
Pre-suit rules don’t just slow things down. They create traps that can wipe out a strong claim. These are the issues that most often cause trouble.
First, people wait too long to start. Medical malpractice cases take time to develop because you need records, expert review, and a defensible timeline. Even when the pre-suit process pauses parts of the deadline clock, you still have to get the notice out before time runs out.
Second, some notices go to the wrong party, or they fail to include required pieces. A hospital, a physician group, and an individual doctor may be separate legal targets. If you miss a key defendant, you may lose leverage or miss the deadline as to that provider.
Third, patients sometimes refuse or delay informal discovery requests during the 90-day period. That can backfire. If the defense asks for records authorizations or other permitted information and you don’t respond, the case can suffer. Cooperation in this stage is part of the process.
Fourth, proof problems show up early. A malpractice case needs more than a bad outcome. It needs evidence of a breach of the standard of care and a link to real harm. That proof often lives in records, timelines, test results, and expert analysis. For a practical breakdown, see evidence to prove a Florida medical malpractice claim.
The strongest cases are usually built early, when records are gathered fast and the story is still fresh.
Finally, don’t assume “the hospital has everything.” Patients often have key pieces the system doesn’t, like discharge papers, portal messages, pharmacy printouts, and a symptom diary. Those details can help your expert explain what changed, when it changed, and why it matters.
Conclusion
Florida’s pre-suit requirements can feel like a barrier, but they’re really a strict roadmap. A proper Florida medical malpractice notice usually requires early records work, expert support, correct service, and careful timing through the 90-day investigation period. If you think a provider’s mistake caused serious harm, acting sooner gives you more options and more control. The next step is to gather records, document symptoms, and get a legal review before deadlines tighten.