Florida won't let you file a medical-malpractice case without this one document.
The 'expert affidavit' requirement is a pre-suit gatekeeper that dismisses more cases than most people realize. Here is what it must say, who can sign it, and when.
Medical-malpractice plaintiffs in Florida cannot file suit immediately. State law requires a 90-day pre-suit investigation, and the complaint must be served with a corroborating affidavit from a qualified medical expert.
Without the affidavit, the case is subject to dismissal — and the statute of limitations keeps running. This is why med-mal is the practice area where timing errors produce the most unrecoverable losses.
What the affidavit must say
The expert affidavit must state, under oath, that the provider more likely than not breached the applicable standard of care and that the breach caused the injury. Generic language does not survive a motion to dismiss. Specific deviations — the actual missed step in the actual procedure — are what courts require.
Who qualifies as the expert
The expert must practice in the same specialty as the defendant and must have been actively practicing within the three years preceding the alleged malpractice. For a surgical-error claim, that means a surgeon in the same sub-specialty. For an OB-GYN matter, an OB-GYN. A general-practice expert signing off on a specialist's conduct will not stand.
The 90-day notice-of-intent window
After serving the notice of intent and the affidavit, the provider has 90 days to investigate. During those 90 days, the statute of limitations is tolled. This is a narrow window of leverage — used well, it often produces pre-suit settlements. Used poorly, it becomes a procedural hole.
When the two-year clock starts running
Florida medical-malpractice claims have a two-year statute of limitations from the date the incident was — or should have been — discovered. The statute of repose (the absolute outer limit) is four years, extended to seven years for fraud or intentional concealment. Minors and cases involving continuing treatment have specialized rules.
Practical takeaway
Suspected malpractice cases are not cases you can afford to 'watch and wait' on. The expert-affidavit requirement is a procedural moat that only counsel with medical-expert networks should try to cross.
