When can a lawsuit be filed against a doctor or hospital for medical malpractice?Return to FAQ Videos
In Florida, if you are injured by any mode other than medical malpractice you can file a lawsuit immediately. In Florida there are hoops that need to be jumped through for the victims of malpractice before they can file a lawsuit. We are required to have a pre-suit process, where before a lawsuit can be initiated, you need to send a Notice of Intent to initiate litigation. It is a letter that is sent to the defendant(s), or the future defendant(s), explaining that you feel that malpractice has been committed, and you have to attach to that letter a verified medical opinion, basically an affidavit, from a like medical care provider to each person against whom you’re going to make a claim. When you send that it starts a period of ninety days when it is a free exchange of information, with the ultimate goal being to get the case resolved. At the end of ninety days the defendant(s) can file a denial of the claim, try to settle the claim or offer to arbitrate the claim – which can limit the damages that are recoverable.