The Florida Supreme Court revived a man’s medical malpractice claim Thursday, April 21, 2022, finding that because he mailed the mandatory presuit notice just before the limitations period expired, his claim was preserved, even if the doctor did not receive the notice until after the period would have expired.
Kirsten Ullman, who represents the Defendant, told Law360 that while she and her client respect the Florida Supreme Court’s decision, they disagree with it. Health care providers should be given the opportunity to fairly respond when allegations of inadequate care are made, she said.
“Permitting plaintiffs to wait for years while witness memories fade and evidence important to counter belated claims of inadequate care is no longer available is unfair and inconsistent with a system of justice,” Ullman said. “Our system should value truth based on evidence which is only available to prove good care if the alleged issue is timely brought to light, and the health care provider is given the opportunity to timely respond. In this case, the plaintiff waited until 3 years and 364 days in which to mail a notice of intent.”