Fla. High Court Resolves Conflict Among District Court Over Med Mal Notice Period
The Florida Supreme Court resolved the conflict holding that the timely mailing of the written notice of intent to initiate litigation—not the receipt of that notice—begins tolling the applicable limitations period for the filing of a complaint for medical malpractice.
June 03, 2022 at 04:55 PM
4 minute read
Civil AppealsJust in the nick of time or too little too late? That was the issue resolved by the Florida Supreme Court in its recent opinion in Boyle v. Samotin. In that case, a plaintiff in a medical malpractice case mailed the required presuit notice prior to the expiration of the statute of repose, but the defendant physician did not sign the return receipt for that notice until after the limitations period. The trial court granted summary judgment in favor of the physician finding that the statute of repose was not tolled until the defendant received the notice. As a result, the plaintiff was three days late instead of one day early. The Second District affirmed and certified conflict with the Fourth District and Fifth District, both of which have rejected the "receipt" argument and ruled that the tolling period commences when the presuit notice is mailed. The Florida Supreme Court resolved the conflict holding that the timely mailing of the written notice of intent to initiate litigation—not the receipt of that notice—begins tolling the applicable limitations period for the filing of a complaint for medical malpractice.
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