What Is a “Notice of Intent” in a Florida Malpractice Case?
When you visit a hospital or a healthcare provider, you expect to get better, and not worse. Unfortunately, when medical facilities or healthcare providers fail to act within the standard of care, it can cause harm. In such a case, you might be eligible to file a medical malpractice claim and seek financial compensation. If you suspect that the negligence of a medical facility or professional has caused you or someone you love harm, you might be eager to jump into litigation. However, before a medical malpractice lawsuit can start in Florida, you must comply with Florida Statutes Chapter 766 by filing a Notice of Intent. Keep reading to learn what a Notice of Intent is in a Florida malpractice case.
What Is a Notice of Intent?
A Notice of Intent (NOI) is not just a formality. It is a vital part of Florida’s medical malpractice process. But what exactly is it? This is a mandatory written warning that you, as the plaintiff, must send to the potential defendant(s) before you file your lawsuit.
This legal requirement is codified in Florida Statutes Section 766.106. According to this statute, once a claimant has completed their presuit investigation pursuant to 766.203, and before they file a malpractice claim, they are required to notify all prospective defendants by one of the following verifiable means;
- Certified mail with a return receipt
- Regular mail, but only if you use a tracking number
- A commercial delivery service, such as UPS or FedEx
- Delivery by an official process server
According to the law, a Notice of Intent must contain certain information for it to be considered valid, including the following;
- A list of all the healthcare providers who provided medical care for the problems the plaintiff is suing about.
- A list of all the healthcare providers who treated the plaintiff in the two years before the mistake happened.
- Copies of all the medical records the medical expert looked at before agreeing that the case was valid.
Additionally, the plaintiff must obtain an expert affidavit, from an expert qualified under Florida Statutes Section 766.102, that states that there appears to be evidence of medical negligence. Usually, in addition to sending an NOI to all potential defendants, a plaintiff must include an expert affidavit before filing their lawsuit. Copies of the medical records that the medical expert relied on when signing this affidavit must also be included in the NOI.
What Is the Purpose of the NOI?
The requirement to send a Notice of Intent before filing a malpractice lawsuit serves two primary purposes. First, this step helps prevent frivolous lawsuits. By requiring plaintiffs to inform potential defendants about their intention to file a lawsuit, the law makes it harder to pursue claims that aren’t legally justified. Also, this notice gives potential defendants time (specifically 90 days) to conduct a pre-suit investigation and determine the validity of a claim.
Second, the NOI requirement facilitates out-of-court settlement negotiations. The 90-day period allows plaintiffs and defendants to negotiate and potentially reach an agreement, thus avoiding litigation.
For plaintiffs, the Notice of Intent process forces early investigations. It can result in a faster resolution of a valid claim, thus reducing the financial and emotional burden of the full lawsuit process.
Contact a Tampa Medical Malpractice Lawyer
Navigating the complex requirements of a medical malpractice lawsuit can be challenging, making consulting an attorney crucial. Our skilled Tampa medical malpractice lawyers at Gunn Law Group can help you navigate the complex legal process. Contact us today to schedule a consultation.
