When medical care goes wrong, injured patients often assume they can simply file a lawsuit. In Florida, that is not how it works. Medical malpractice claims must go through a special pre-suit process set out in Chapter 766 of the Florida Statutes before a case can ever be filed in court. Understanding these steps matters, because a mistake early on can delay — or even end — a valid claim.

What Counts as Medical Malpractice in Florida

Medical malpractice is not every bad outcome. Florida law requires proof that a health care provider’s care fell below the accepted standard of care and that this failure caused the patient’s injury. Common examples include surgical errors, delayed or missed diagnoses, medication errors, anesthesia mistakes, and birth injuries such as oxygen deprivation during delivery. If you believe a mistake in your care caused real harm, a pre-suit investigation is the first formal step toward answers.

Step 1: The Notice of Intent to Initiate Litigation

Before filing a medical malpractice lawsuit, Florida requires the injured patient (the claimant) to serve each prospective defendant — doctors, hospitals, clinics — with a written Notice of Intent to Initiate Litigation. This notice identifies the alleged negligence and the injuries claimed.

Serving the notice starts a 90-day pre-suit period. During those 90 days, no lawsuit may be filed, and the parties exchange information. Importantly, Florida law tolls (pauses) the statute of limitations while the notice period runs — the limitations clock is extended by the 90-day period, plus any additional extensions both sides agree to. This protection only applies if the notice was properly served, so getting this step right is critical.

Step 2: The Verified Medical Expert Opinion

A malpractice claim in Florida cannot rest on suspicion alone. Before serving the Notice of Intent, the claimant must obtain a verified written medical expert opinion stating that there are reasonable grounds to believe the named provider was negligent and that the negligence caused the injury.

The expert must be qualified under Florida law, which generally means practicing in the same or a similar specialty as the provider being challenged. Finding the right expert early is one of the most important parts of building a claim — an opinion from an unqualified expert will not survive scrutiny.

Step 3: Pre-Suit Discovery and the Defendant’s Response

The 90-day pre-suit period is not just a waiting period. Florida law provides for informal discovery: each side must exchange medical records and relevant information, and the parties may take unsworn statements of the claimant and the prospective defendants. An expert inspection of records may also occur.

At the end of the pre-suit period, each prospective defendant must respond in writing by rejecting the claim, making a settlement offer, or offering to admit liability and arbitrate the question of damages. Many claims resolve during this phase — which is one reason the pre-suit process exists: to encourage early evaluation and settlement before the expense of litigation.

Step 4: Filing the Lawsuit

If the claim is not resolved during pre-suit, the claimant may then file a lawsuit. Florida’s statute of limitations for medical malpractice is generally two years from the date the injury was discovered (or should have been discovered with reasonable diligence), subject to an outer limit of seven years from the date of the alleged malpractice in most cases, with narrow exceptions.

The two-year deadline runs alongside the pre-suit requirements, which is why timing matters so much. Waiting too long to investigate can leave too little time to complete the mandatory pre-suit steps. Courts enforce these procedural requirements strictly — a lawsuit filed without completing pre-suit can be dismissed.

Why These Rules Matter for Injured Patients

Florida’s pre-suit process filters out unsupported claims while giving legitimate ones a structured path to resolution. For patients and families, the practical takeaway is simple: do not wait. Medical records must be obtained and reviewed, the right expert must be retained, and notices must be served correctly — all while the limitations clock is running.

If you or a loved one suffered a serious injury that may have been caused by medical negligence, speaking with an attorney early gives your claim the time it needs. Tacher Law offers free consultations for medical malpractice and other personal injury matters. Call (305) 644-2211 or visit our contact page to discuss your situation.

Tacher Law, 16445 Collins Avenue, Suite 1625, Sunny Isles Beach, FL 33160.