As Florida’s First District Court of Appeal recently observed, “medical malpractice plaintiffs do not have the same common law rights as victims of other types of negligence.” Medical malpractice cases are different than any other in Florida. Aside from being both difficult and expensive, they also provide unique procedural challenges that, if you’re not careful, could prove devastating to your client’s case.
Unlike other tort cases, plaintiffs must comply with a pre-suit process before they can open the courthouse doors. Prior to filing a lawsuit, plaintiffs must provide prospective defendants with written notice of their claim, triggering a 90-day period during which the defendants are to perform an investigation. The intent behind this rule was to root out frivolous suits and promote the settlement of meritorious claims.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]