Fla. Stat. Ch. 766

Medical Malpractice
Pre-Suit Rules

Medical malpractice cases face hurdles no other injury claim does — a mandatory pre-suit investigation, an expert affidavit, and a 90-day review period before you can even file. Here is the process.

Attorney-Reviewed Statute Resource
Reviewed by Christopher Walsh, Personal Injury Trial Attorney (Fla. Bar #127459). Last reviewed: June 2026

The Pre-Suit Process

Florida makes medical malpractice claims uniquely demanding. Under Chapter 766, before you can file suit you must complete a pre-suit investigation and obtain a written, corroborating affidavit from a qualified medical expert confirming there are reasonable grounds to believe malpractice occurred.

The Governing Statute
Fla. Stat. § 766.106 — Medical Malpractice Pre-Suit Requirements
"Before filing a claim for medical negligence, a claimant shall conduct an investigation to ascertain that there are reasonable grounds to believe that … negligence [occurred] … and provide the defendant with notice of intent."
Read the full statute on Online Sunshine →
Med-Mal Pre-Suit — Key Steps
Investigation + expert affidavit before filing.

Notice of intent served on each prospective defendant.

90-day review period during which the claim is investigated and the SOL is tolled.

Deadline: Generally 2 years from when the malpractice was or should have been discovered, with an overall repose limit.

Why It Matters

These requirements exist to screen out unsupported claims — but they also make med-mal cases expensive and slow to build, and easy to lose on a technicality. The expert-affidavit and notice rules are strict; a misstep can end a valid claim. This is not an area for do-it-yourself or general-practice handling.

Recall, too, that medical malpractice is exempt from the HB 837 comparative-negligence change — it still follows pure comparative negligence.

Frequently Asked Questions

Do I need an expert to file a medical malpractice case in Florida?
Yes. Under Chapter 766, you must obtain a corroborating affidavit from a qualified medical expert confirming reasonable grounds to believe malpractice occurred, as part of a mandatory pre-suit investigation, before you can file suit.
How long do I have to file a medical malpractice claim in Florida?
Generally two years from when the malpractice was discovered or should have been discovered, subject to an overall statute of repose. The pre-suit notice process also tolls (pauses) the deadline for a period while the claim is reviewed.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 766.106 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.