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| Practice Area · 04
Herbert M. Berkowitz mediates Hillsborough County medical malpractice disputes involving standard of care, causation, expert evidence, presuit procedure, and damages.
Medical malpractice mediation offers patients, healthcare providers, insurers, and counsel a confidential forum to evaluate a disputed healthcare-negligence claim and pursue a voluntary resolution. These cases commonly depend on competing expert opinions regarding the standard of care, causation, and damages.
Florida’s presuit requirements and limitations structure are unique to medical malpractice. Mr. Berkowitz helps parties organize their mediation around the record, expert proof, procedural posture, and settlement issues that actually drive the value of the dispute.
Section 766.106 requires presuit investigation and a 90-day investigation period after notice of intent.
Section 95.11 generally provides a two-year discovery-based period and a four-year repose period, subject to statutory exceptions.
Standard-of-care and causation issues commonly require competing expert testimony and careful evaluation.
Florida’s former statutory caps on noneconomic medical malpractice damages are not currently enforced.
The Process
The process is most useful when the parties have enough information to evaluate expert positions, procedural posture, and the risks of continued litigation.
The parties identify where the claim stands in the presuit process and the information available from the investigation and notice-of-intent exchange.
Medical records, expert opinions, causation issues, and damages materials are reviewed to identify the disputes that must be resolved.
Private sessions allow frank evaluation of standard-of-care exposure, causation defenses, life-care evidence, economic loss, and noneconomic harm.
If the matter resolves, the parties document the settlement. If it does not, the parties remain free to continue litigation or explore available statutory options.
Mediation timing should be evaluated against the presuit process and the separate deadlines that govern medical malpractice claims.
| TOPIC | AUTHORITY | PRACTICAL CONSIDERATION |
|---|---|---|
| Presuit Investigation | Fla. Stat. § 766.106 | A claimant generally completes presuit investigation and serves notice of intent before filing suit; the prospective defendant then has a 90-day investigation period. |
| Statute of Limitations | Fla. Stat. § 95.11 | A claim is generally subject to a two-year period from discovery or when discovery should have occurred with due diligence, subject to statutory rules. |
| Statute of Repose | Fla. Stat. § 95.11 | The statute generally includes a four-year repose period, with specified exceptions such as fraud or concealment and provisions affecting claims for young children. |
| Mediation Does Not Toll | § 766.106 / § 95.11 | The presuit process can toll the limitations period; scheduling mediation alone does not. |
Matters Covered
Mr. Berkowitz mediates medical malpractice disputes in Hillsborough County, helping parties evaluate expert opinions, standard of care, causation, damages, and presuit status.
— Herbert M. Berkowitz
Frequently Asked Questions
A claimant generally must prove a deviation from the accepted standard of care and causation of the claimed injury, commonly through expert testimony. Specific statutory exceptions may apply.
No. Mediation alone does not toll the statute of limitations or repose. The separate presuit process under §766.106 affects timing in the manner provided by statute.
After notice of intent, the prospective defendant or insurer investigates and may reject the claim, offer settlement, or make an available statutory arbitration response.
Medical malpractice claims are treated differently from the 51% bar described in §768.81; the applicable comparative-fault analysis should be evaluated in the context of the specific claim.
Important information: This page provides general information about mediation and arbitration in Florida. It is not legal advice, and parties should consult their own counsel regarding deadlines, statutes, and the facts of a particular matter.
To discuss a Hillsborough County medical malpractice matter, contact Herbert M. Berkowitz directly.
