What You Must Do Before Suing a Hospital for Negligence in Florida

Before you can file a lawsuit against a hospital in Florida, you must complete a mandatory presuit process under Chapter 766 of the Florida Statutes. This means you must conduct a reasonable investigation, obtain a verified written opinion from a qualified medical expert, serve a formal Notice of Intent on every prospective defendant, and then wait 90 days while the hospital or its insurer investigates. Only after that period ends, and the claim is rejected, a settlement is offered, or arbitration is proposed, can you file a lawsuit in court. Skipping or making a mistake in any one of these steps can cause your entire case to be thrown out.

What counts as a ‘reasonable investigation’ and why does it come first?

The presuit process starts before you send any notice to the hospital. Your attorney must review all relevant medical records, consult a qualified medical expert, and confirm there is a good-faith basis to believe negligence occurred and caused harm. Under Fla. Stat. § 766.203, this investigation is required before any legal action begins. The attorney must also certify this belief in writing under penalty of sanctions, as required by Fla. Stat. § 766.104(1). Providers must send records within 10 business days of a written request under Fla. Stat. § 766.204. If they do not, that failure can count against them in the presuit process. If you were treated at Hialeah Hospital or Palmetto General after a crash, request records not just from the hospital but also from the ER physician group and any specialists, they are often separate contractors and each set of records matters.

What exactly does the medical expert have to say, and who qualifies?

The expert must give a verified written opinion, signed under oath, that states two things: first, the hospital or provider breached the standard of care, and second, that breach caused your injury. This is not a general letter; it must directly link negligence to harm. Generally, when the accused provider is a specialist, the expert must practice in the same specialty. A general practitioner usually cannot offer an opinion against a neurosurgeon, for example, under the specialty-matching standard in Fla. Stat. § 766.102. The opinion must comply with Fla. Stat. § 766.203(2). It will be shared with the defense, and if the defense rejects your claim, it must support that rejection with its own expert opinion. Courts can treat a missing or defective opinion as if no presuit notice was ever sent.

How do you serve the Notice of Intent, and what has to be inside the package?

The Notice of Intent is not a simple letter. It is a complete legal package that must include five specific items: (1) the verified medical expert opinion, (2) copies of all medical records the expert relied on, (3) a list of every healthcare provider who treated you in the two years before the alleged negligence, (4) a list of every provider seen afterward for the injury, and (5) a signed HIPAA authorization under Fla. Stat. § 766.1065. If you later revoke that HIPAA form, the entire notice becomes void, including any tolling of the statute of limitations. Each prospective defendant, such as Hialeah Hospital and the separate ER physician group, must receive their own complete package. Service generally must be by a trackable method, such as certified mail with return receipt, under Fla. Stat. § 766.106(2). Do not assume one notice covers more than one defendant.

What happens during the 90-day presuit period, and what can both sides do?

No lawsuit can be filed for 90 days after the Notice of Intent is served. During this time, the statute of limitations is paused. The hospital’s insurer must investigate in good faith under Fla. Stat. § 766.106(3). Both sides may generally use informal discovery, which can include: (1) document requests with responses due in 20 days, (2) up to 30 written questions with 20-day responses, (3) unsworn statements from parties and providers, (4) one physical or mental exam of the claimant if requested, and (5) interviews of treating providers with reasonable notice. At or before the 90 days end, the hospital must either reject the claim (with its own expert opinion), make a written settlement offer, or admit liability and offer binding arbitration under Fla. Stat. § 766.207. Silence equals rejection by law. Within 30 days of the response, your attorney must give you a written explanation of the offer, consequences, trial chances, and cost estimates under Fla. Stat. § 766.106.

How does the two-year statute of limitations interact with the presuit process?

You generally have two years from the date of the incident, or from when it was or should have been discovered, to file a medical negligence lawsuit under Fla. Stat. § 95.11. The clock stops the moment you mail your Notice of Intent and restarts only after the 90-day presuit period ends. Before sending notice, you can buy extra time by asking the clerk of court for an automatic 90-day extension under Fla. Stat. § 766.104(2), no reason needed. After presuit ends, you must file suit within 60 days or within whatever time remained on the original deadline, whichever is longer. Florida also has a statute of repose: an outer deadline, generally four years from the incident with limited exceptions, that applies even if you did not discover the injury right away. Every day you delay starting the presuit process is a day the defense can use against you.

Does anything extra apply if the hospital is part of the public system, like Jackson?

Public hospitals are subject to sovereign immunity rules, and the Jackson Health System, which includes Jackson Memorial Hospital, is generally understood to be a public system. That means in addition to the Chapter 766 presuit steps, you must also serve a separate written notice on the agency (and, for claims against the state, also on the Florida Department of Financial Services) under Fla. Stat. § 768.28(6). Hialeah Hospital and Palmetto General appear to be private facilities and likely follow only the standard Chapter 766 process, but you should confirm a hospital’s status with an attorney before assuming which rules apply. Do not proceed on assumption, ownership type changes everything.

Frequently asked questions

Can I skip the presuit process if the hospital’s negligence is obvious?
No. Florida law requires the full Chapter 766 presuit process for every medical negligence claim, no matter how clear the error seems. Skipping even one step can lead to dismissal.

What happens if the hospital ignores my Notice of Intent and never responds?
After 90 days, silence is treated as a legal rejection of your claim. You may then file a lawsuit in circuit court, provided you completed all other presuit requirements correctly.

Does the presuit process apply if I was hurt at the hospital after a car accident and I think both the other driver and the hospital were negligent?
Yes. Claims against the hospital for medical errors require the Chapter 766 presuit process. Claims against the at-fault driver follow separate auto-injury rules. These are two different legal paths that can run at the same time.

How long do I actually have to sue a Florida hospital for malpractice?
Generally two years from the date of the incident or from when you discovered or reasonably should have discovered it, with an outer limit that is generally four years, under Fla. Stat. § 95.11. The presuit process pauses that clock, but you must still act promptly to preserve your rights.

What is the difference in the presuit process for Jackson Memorial versus Hialeah Hospital?
Jackson Memorial is generally understood to be part of a public hospital system, which would require both the Chapter 766 presuit steps and a separate sovereign-immunity notice under § 768.28(6). Hialeah Hospital is believed to be a private facility, so only the Chapter 766 process applies, but confirm ownership with an attorney before proceeding.

Hurt in an accident in Hialeah? Call Wolfson & Leon at 305-965-3766 for a free consultation. We speak Spanish, and there is no fee unless we win.