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Medical Malpractice Mediation in Hillsborough County

Herbert M. Berkowitz mediates Hillsborough County medical malpractice disputes involving standard of care, causation, expert evidence, presuit procedure, and damages.

A Deliberate Approach to Complex Medical Evidence

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.

Presuit Process

Section 766.106 requires presuit investigation and a 90-day investigation period after notice of intent.

Limitations

Section 95.11 generally provides a two-year discovery-based period and a four-year repose period, subject to statutory exceptions.

Expert Evidence

Standard-of-care and causation issues commonly require competing expert testimony and careful evaluation.

Damages

Florida’s former statutory caps on noneconomic medical malpractice damages are not currently enforced.

The Process

How Medical Malpractice Mediation Fits the Case

The process is most useful when the parties have enough information to evaluate expert positions, procedural posture, and the risks of continued litigation.

Process 1 Herbert M. Berkowitz

Clarify Presuit Status

The parties identify where the claim stands in the presuit process and the information available from the investigation and notice-of-intent exchange.

Process 2 Herbert M. Berkowitz

Organize the Expert Record

Medical records, expert opinions, causation issues, and damages materials are reviewed to identify the disputes that must be resolved.

Process 3 Herbert M. Berkowitz

Address Liability and Damages

Private sessions allow frank evaluation of standard-of-care exposure, causation defenses, life-care evidence, economic loss, and noneconomic harm.

Process 4 Herbert M. Berkowitz

Document a Resolution

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.

Presuit Requirements and Timing

Mediation timing should be evaluated against the presuit process and the separate deadlines that govern medical malpractice claims.

Matters Covered

Focused Experience for Civil Disputes

Mr. Berkowitz mediates medical malpractice disputes in Hillsborough County, helping parties evaluate expert opinions, standard of care, causation, damages, and presuit status.

"Medical malpractice cases require the parties to make sense of technical evidence and competing expert narratives. I bring more than 50 years of trial and judicial experience, including evaluating complex civil evidence from the bench, to help each side assess the practical risks of standard-of-care, causation, and damages arguments."

— Herbert M. Berkowitz

Frequently Asked Questions

Questions Parties Often Consider

What must a claimant prove in a Florida medical malpractice case?

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.

Schedule a Medical Malpractice Mediation

To discuss a Hillsborough County medical malpractice matter, contact Herbert M. Berkowitz directly.