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Stephen Cain, left, and Michael Levine, right. Stephen Cain, left, and Michael Levine, right.

As Florida’s First District Court of Appeal recently observed, “medical malpractice plaintiffs do not have the same common law rights as victims of other types of negligence.” Medical malpractice cases are different than any other in Florida. Aside from being both difficult and expensive, they also provide unique procedural challenges that, if you’re not careful, could prove devastating to your client’s case.

Unlike other tort cases, plaintiffs must comply with a pre-suit process before they can open the courthouse doors. Prior to filing a lawsuit, plaintiffs must provide prospective defendants with written notice of their claim, triggering a 90-day period during which the defendants are to perform an investigation. The intent behind this rule was to root out frivolous suits and promote the settlement of meritorious claims.

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