We trust doctors, nurses, and surgeons with our lives. When that trust is broken due to a preventable medical error, the physical and financial consequences are devastating. Filing a medical malpractice lawsuit in Florida is uniquely difficult. The state legislature has implemented massive procedural hurdles designed to protect healthcare providers and limit frivolous lawsuits. Navigating this complex legal maze in 2026 requires strict adherence to statutory deadlines, specifically the pre-suit “Notice of Intent.”
The “Notice of Intent to Initiate Litigation”
Unlike a standard car accident where you can simply file a lawsuit in civil court, Florida medical malpractice claims require a rigorous pre-suit screening process. Before you can sue a hospital or physician, you must serve them with a formal “Notice of Intent to Initiate Litigation.”
This notice must include a sworn affidavit from a qualified medical expert in the same specialty as the defendant. The expert must state, under penalty of perjury, that there are reasonable grounds to believe the healthcare provider breached the standard of care and that this breach directly caused your injuries. Finding an expert willing to testify against another doctor is often the most expensive and time-consuming part of the case.
The 90-Day Investigation Period
Once the Notice of Intent is served, the statute of limitations is paused, and a mandatory 90-day investigation period begins. During this time, the hospital’s insurance and legal teams will review the claim. At the end of the 90 days, the defendant can choose to reject the claim, offer a settlement, or offer to admit liability and proceed to binding arbitration to determine damages.
Economic vs. Non-Economic Damages
If the case proceeds, valuing the claim correctly is paramount. While Florida previously had strict statutory caps on “non-economic damages” (pain and suffering) in medical malpractice cases, the Florida Supreme Court struck those caps down as unconstitutional in recent years. Today, juries can award full compensation for the agony and mental anguish caused by a surgical error or misdiagnosis.
However, proving these damages requires projecting the lifetime cost of your medical care, lost earning capacity, and physical rehabilitation. Because the upfront costs of litigating these claims are so high, you must ensure your potential recovery justifies the legal battle. Use the independent calculator estimates provided by Ranzo Tech LLC to establish a baseline for your economic losses before entering the 90-day settlement window.