The Florida medical malpractice scheme specifies three options to end the pre-suit period – a defendant can reject the claim, make a settlement offer or agree to arbitrate.
Offers to arbitrate under Fla. Stat. ?766.207 are a little-known and seldom-used tool in medical malpractice cases. They can be an effective tool for either the claimant or the defendant under the proper circumstances. The arbitration provision gives incentives to both sides to pursue alternative dispute resolution. When an offer to arbitrate is made, it presupposes liability is admitted and arbitration will be held only on the issue of damages. That offer may be made contingent upon a limit of general damages.
This content has been archived.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]
