Earlier this week, I posted about a Florida case deciding that an expert witness used by a Plaintiff was not qualified under Florida’s pre-suit rules for medical malpractice cases. In that case, the Court ruled that the Plaintiff did not satisfy the pre-suit screening rules because their expert was insufficiently qualified. My earlier post about the perils of complying with the pre-suit rules is here:
Now, the Supreme Court has addressed another aspect of the pre-suit rules: certified mailing of the pre-suit notice letter. The issue was whether the short two-year statute of limitations is tolled when the certified letter to the health care provider is mailed … or when it is received. This question is important because Plaintiffs cannot control the delivery of certified mail or whether it is accepted by the proper person when it arrives. In cases nearing their deadline, a matter of days can determine success or failure. Which reminds me – I need to tell a few stories about cases in which I had to chase letter recipients around when they dodged their mail.
The link to the story about Boyle v. Samotin is here.
