Navigation Tolling commences when presuit notice of intent to initiate litigation in medical negligence is mailed
It’s the timely mailing of the presuit notice of intent to initiate litigation, not the receipt of the notice, that begins the tolling of the applicable limitations period for filing a complaint for medical negligence, according to the Florida Supreme Court.
The April 21 ruling settles a conflict between three district courts of appeal in Case No. SC20-1300 as it considered the statutory presuit notice requirement that F.S. §766.106 imposes on a claimant who seeks to file a medical negligence suit.
“Here the claimant mailed the presuit notice before the expiration of the applicable limitations period, but the defendant did not receive the notice until after the period would have expired absent tolling,” the court said. “The certified conflict issue is whether the applicable limitations period for filing a complaint for medical negligence is tolled under section 766.106(4) upon the claimant’s mailing of the presuit notice of intent to initiate litigation, or only upon receipt of the notice by the prospective defendant.”
