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How is Medical Malpractice different from other negligence cases?


At common law all a person would typically need to sue another person for negligence would be a complaint and a filing fee. Florida, however, takes a different approach and is particularly sensitive to the politics of medical providers and their needs.

That is why, before you can sue a medical provider in Florida you must first procure a sworn affidavit from a medical provider who is similarly situated or licensed to the negligent healthcare provider and then you must provide your affidavit with a notice of intent to initiate litigation which affords the healthcare provider 90 days to gather information and make a determination as to whether they wish to settle or defend the matter.