Florida Statute 766.106
“Notice before filing action for medical negligence; presuit screening period; offers for admission of liability and for arbitration; informal discovery; review”
What it means
Nobody may simply file a medical negligence suit in Florida. This section forces a preliminary round: the claimant serves each prospective defendant a notice of intent to initiate litigation, and then no suit may be filed for 90 days while the insurer or self-insurer conducts a required good-faith investigation. By the end of the 90 days the defense must answer: reject the claim, offer settlement, or offer arbitration on damages with liability admitted.
The statute of limitations is tolled during the 90 days; after the response, the claimant has 60 days or the remainder of the limitations period, whichever is greater, to file. Presuit screening materials are not discoverable or admissible in the later action.
- A claim for medical negligence is one arising out of the rendering of, or failure to render, medical care or services.
- Notice of intent goes to every prospective defendant, by verifiable delivery, before any suit.
- No suit for 90 days after notice — the defense must investigate, then reject, offer settlement, or offer arbitration.
- Limitations are tolled during the 90 days, plus 60 days or the remainder of the period (whichever is greater) to file after the response.
- Presuit informal discovery is allowed — including up to 30 written questions — but presuit materials are inadmissible later.
How it plays out
The presuit clock is why we move fast on estates with a possible malpractice or wrongful-death claim. The claim belongs to the personal representative, so the estate must be opened before the notice of intent can even be served — and families often spend months grieving before calling anyone. When we see facts suggesting medical negligence, we treat the probate appointment as urgent, calendar the limitations dates conservatively, and hand the file to malpractice counsel with time on the clock. A meritorious claim that missed §766.106 is still a dead claim.