Notice Mailed Timely Or Too Late: Florida Supreme Court Resolves

In Boyle v. Samotin, a plaintiff in a medical malpractice case mailed the required presuit notice prior to the expiration of the statute of repose, but the defendant physician did not sign the return receipt for that notice until after the limitations period…law.com, Fla. High Court Resolves Conflict Among District Court Over Med Mal Notice Period, Junw 2022, Stephen Cain and Michael Levine

 

The trial court granted summary judgment in favor of the physician finding that the statute of repose was not tolled until the defendant received the notice. As a result, the plaintiff was three days late instead of one day early.

 

The Florida Supreme Court resolved the conflict holding that the timely mailing of the written notice of intent to initiate litigation—not the receipt of that notice—begins tolling the applicable limitations period for the filing of a complaint for medical malpractice.

 

As per Florida law, the 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.  That 90-day period tolls the statute of limitations and repose.

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