The Supreme Court Says Medical Malpractice Presuit Requirements Don’t Apply

Like many states, Florida doesn’t just let you file a medical malpractice case. Before your case is even filed, there is a complex process that must be done, and if it isn’t done, your case can be dismissed.

Aside from a waiting period allowing for the parties to investigate, Florida law also requires that the victim seeking to sue for malpractice hand over information and records, and provide an affidavit from a medical expert that a victim’s claims have merit. The parties also have to attempt to settle the case before it is filed.

A Challenge in Delaware

Florida’s requirements are much like those of many other states, including the state of Delaware, where a challenge to these kinds of medical malpractice presuit requirements was brought up.

These presuit laws and requirements are state laws. But in the Delaware case, the case was filed in federal court. The victim did not do the state required presuit requirements, and the Defendant sought to have the case dismissed on that basis.

The victim, however, made the novel argument that all of these state law requirements did not apply, because their case was filed in federal court, not state court, and only federal courts and federal law could say what was required as a prerequisite to filing a case in federal court–not state law.

Supreme Court Strikes Down Requirements

The case made it all the way up to the United States Supreme Court, which agreed with the victim–in federal court, these kinds of procedural presuit requirements mandated by state laws, don’t apply when a case is filed in federal court, unless or until a requirement is mandated by federal law or the federal courts.

Should You File in Federal Court?

Before you go running to federal court for your malpractice case to try to avoid the presuit requirements, be aware that not every case gets to go to federal court, and you don’t just get to choose whether your case is filed in state or federal court.

To file a case in federal court, the amount in controversy must be over $75,000, which is usually the case in medical malpractice cases, but also, both parties must reside in, or have headquarters in different states. That’s called diversity jurisdiction.

So if you’re just suing your doctor for malpractice, there may not be diversity jurisdiction. But if you’re suing a hospital with offices, facilities, and staff, in multiple states, there may in fact be diversity jurisdiction, allowing you to file your case in federal court.

Of course, federal court has some good things and some bad things, as compared to state court–pros and cons you should discuss with your lawyer. Federal court can require more work and more time. Just avoiding presuit medical malpractice requirements may not make it worth filing a medical malpractice case in federal court.

Have a possible medical malpractice case? Schedule a consultation with our Tampa personal injury lawyers at Barbas, Nunez, Sanders, Butler & Hovsepian today to discuss it with our malpractice attorneys.

Sources:

fjc.gov/history/work-courts/jurisdiction-federal-courts

scotusblog.com/2026/01/justices-reject-state-limits-on-malpractice-actions-for-cases-in-federal-court/