Florida Medical Malpractice Presuit: Key Requirements and Strategic Decisions – The Chapter 766 Roadmap (FL) [Two-Part Webinar] (OnDemand Streaming and Recorded Packages)

What You Will Learn

Agenda

90 Minute Webinar

Thursday, August 20, 2026

12:00 p.m. – 1:30 p.m. Eastern Time

Faculty: Edward R. Blumberg, Robert (Beau) Blumberg and Cosme Caballero

Introduction and Overview 

• Purpose and policy behind Florida’s medical malpractice presuit requirements
• Legislative goals: screening claims and encouraging early resolution
• Overview of Florida’s medical negligence statutory framework
• Key statutes and rules governing presuit investigations

 Determining Whether the Claim Falls Within Chapter 766 

• What constitutes a medical negligence claim?
• Distinguishing ordinary negligence from medical malpractice
• Common jurisdictional and classification disputes
• Impact on statute of limitations and procedural requirements

Plaintiff’s Presuit Investigation Requirements 

• Reasonable Investigation
  • Statutory requirements under Chapter 766
  • Gathering medical records and relevant evidence
  • Identifying proper defendants
• Corroborating Medical Expert Affidavit
  • Qualifications of corroborating experts
  • Specialty and licensure requirements
  • Common pitfalls in expert selection
  • Contents of the corroborating opinion
• Notice of Intent to Initiate Litigation
  • Required contents
  • Service requirements
  • Authorizations and disclosures accompanying the notice

Defendant’s Rights and Obligations During Presuit 

• The 90-Day Investigation Period
  • Commencement of the investigation period
  • Tolling of statutes of limitation
  • Defense evaluation of liability and damages
• Informal Discovery Procedures
  • Unsworn statements
  • Informal interviews of treating providers
  • Production of documents
  • Physical and mental examinations
  • Discovery disputes and enforcement issues
• Strategic Considerations During Presuit
  • Evaluating settlement opportunities
  • Preserving defenses
  • Managing experts

Presuit Responses and Their Consequences 

• Rejection of the Claim
  • Procedural effects
  • Filing suit after rejection
• Offer to Arbitrate Liability and Damages
  • Statutory arbitration framework
  • Benefits and risks
  • Limitations on damages
• Admission of Liability and Arbitration on Damages
  • Defendant’s election
  • Damage caps and statutory limitations
  • Practical considerations for plaintiffs and defendants
• Settlement During Presuit
  • Negotiation strategies
  • Confidentiality considerations

Litigation Following Presuit 

• Filing the Complaint
  • Required allegations regarding presuit compliance
  • Exhibits and supporting documentation
• Challenges to Presuit Compliance
  • Motions to dismiss
  • Common compliance defects
  • Curable versus incurable defects
• Statute of Limitations Issues
  • Tolling provisions
  • Extensions under Chapter 766
  • Relation-back concerns

Recent Case Law and Practice Tips 

• Significant Florida Supreme Court and District Court decisions affecting presuit
• Emerging issues involving experts and informal discovery
• Practical guidance for plaintiff and defense counsel
• Checklist for avoiding common presuit mistakes

Questions and Answers 

Key Takeaways

• Proper presuit compliance is mandatory and often case-dispositive.
• Expert selection and corroboration remain the most heavily litigated presuit issues.
• The 90-day investigation period provides meaningful opportunities for case resolution.
• Understanding arbitration options can significantly affect case value and strategy.
• Early attention to limitations periods and procedural requirements prevents avoidable dismissals.

Testimonials

The following testimonials are from prior years that this program has been held, with a similar agenda.

“Very informative and well-presented. I didn’t not realize how much strategy could be utilized in the pre-suit. Mr. Silva took a boring issue in arbitration and made it entertaining. Cohen’s use of PowerPoint presentation with medical records for pre-suit mediation was very effective.” – Timothy Kenison, Esq.

“Pre-suit discovery session was excellent! Very informative.” – Janice Fisher, Esq.

“Very good info. I learned arbitration was not a bad word. Pre-suit discovery session was excellent! I learned I could stage my pre-suit defenses to encourage an early settlement with one defense then purse the remainder of potential defenses. Brilliant strategy!” – Cheryl Smith, Esq.

“Well presented. Valuable presentation suggestions by Jay Cohen. Deborah Gander was very knowledgeable.” – Kelli Newman, Esq.

“I practice defending medical malpractice cases. This gave me insight into the Plaintiff’s mindset that I was seeking in this course. Superb presentation by Michael and Jay. Very professional with excellent advice for those desiring careers in medical malpractice law. Deborah Gander gave an excellent, energetic presentation with exceptionally good handout materials.” – Daniel J. D’Alesio Jr., Esq.

“Great seminar.” – John Eversole, Esq.

“Excellent. Good, hard work by all speakers! Nice Job!” – William Petros, Esq.

“Lots of valuable information/insights.” – Dan Calvert, Esq.

“Excellent speakers.”

“Extensive and substantial presentation by Deborah Gander and excellent practical presentation by Jay Cohen.”

Faculty

Edward R. Blumberg, Esq.
Partner
Deutsch Blumberg & Caballero P.A.

Edward R. Blumberg has served as President of the Florida Bar, as a member of the Board of Governors of the Florida Bar, and as a member of the House of Delegates of the American Bar Association. He has chaired and served on countless professional committees and groups and provides continuing legal education lectures to lawyers. He has served as the Chairman of the Board of the National Judicial College. He has been continuously certified and re-certified in civil trial law by The Florida Bar and The National Board of Trial Advocacy. He routinely handles extremely large and complex cases to a successful conclusion.

ROBERT (“Beau”) E. BLUMBERG is a Partner with the trial law firm of Deutsch, Blumberg & Caballero P.A., where he practices personal injury, medical malpractice, and product liability law. He is a member of The Florida Bar and has served on a Grievance Committee and is the current Vice-Chair of the Code & Rules of Evidence Committee, appointed to the Florida Courts Technology Commission by the Florida Supreme Court from 2022-2024, Miami-Dade Bar (“MDB”) Board of Directors 2022-2024, MDB Treasurer 2024-2025, MDB Secretary 2025-2026, and President of the MDB YLS (2023-2024); Appointed to the Florida Bar Young Lawyer’s Division Board of Governors 2025-2026. Mr. Blumberg earned his B.A. degree from the College of William and Mary and his J.D. degree from the William and Mary School of Law.

Mr. Caballero is a graduate of the University of Miami School of Law where he served as Articles & Comments Editor of the University of Miami Law Review, where he published an article titled Curbing Corporate Abuse from Jurisprudential Off-Sites: Problematic Paradigms in United States v. Textron Inc. Following graduation, Mr. Caballero was admitted to practice law in Florida.  He was also admitted to practice in the United States District Court for the Southern District of Florida and the Eleventh Circuit Court of Appeals. He is a member of the Dade County Bar Association and is a Florida Bar  Grievance Committee Member for the 11th Judicial Circuit.

Fees

Pre-order now and save $25 on your purchase with the Early Bird Rate!* Early Bird Expires July 9th!
(discount will be applied automatically at check out)

Fees & Format Options

💻 OnDemand Streaming

Watch the recorded seminar on your own schedule, as often as you’d like, from any device. Access lasts one year from purchase.

• Standard Rate: $189
• Early Bird Rate: $164*
• Includes: Seminar recording + written materials
• For individual use only

Group rates available for 3–4 attorneys watching together. Licenses available for 5+ attorneys—contact us for details. info@pincusproed.com or (877) 858-3848.

📦 Recorded Packages (Download, DVD, or CD)

These packages are for a single viewer and include seminar materials.

▶️ Video Recording (Download or DVD)

• Standard Rate: $189
• Early Bird Rate: $164*
• For individual use only

🎧 Audio Only Recording (Download or CD)

Great for listening in your car or on the go.

• Standard Rate: $189
• Early Bird Rate: $164*
• For individual use only

🎥 + 🎧 Video + Audio Combo (Download, DVD, or CD)

• Standard Rate: $239
• Early Bird Rate: $214*
• For individual use only

Shipping & Tax: $12 shipping added to DVD/CD orders (plus sales tax in CA)

🗓️ Availability

This program will be recorded live on August 20, 2026.
OnDemand Streaming and Recorded Packages will be available approximately 2–3 weeks after the seminar. If you need access sooner, direct Zoom links will be provided.

⚠️ Important Notes

• OnDemand Streaming can be viewed on any device.
• Recorded Downloads must be downloaded to a computer first before transferring to another device. Files are delivered as a zipped folder containing the recording and written materials.

💼 Group Access & Licensing

Discounted rates are available for 3–4 attorneys watching together (Live or OnDemand).
Licenses are also available for firms or agencies with 5+ attorneys.

To inquire or purchase group access:
📧 info@pincusproed.com | ☎ (877) 858-3848

CLE Credit

🎓 CLE Credit Information

Florida General: This program is approved for 1.5 General CLE Credits
Florida Civil Trial Certification CLE: This program is approved for 1.5 Certification Credits in Civil Trial through 02/29/2028.

CA General:  This program is approved for 1.25 units of general CLE in California.

NY General: This course is eligible for approval, under New York’s CLE Approved Jurisdiction policy, for 1.25 CLE units. Pincus Professional Education is a CA Accredited Provider, which is a NY approved jurisdiction. See Section 6 of the New York State CLE Board Regulations and Guidelines for further information.

🌎 Other States

CLE credit is officially approved in the states listed above.
If you practice in a different state, we’re happy to help—upon request, we will provide the materials and information you need to apply for CLE credit on your own. Many of our past attendees have successfully obtained credit in other jurisdictions.

To request assistance:
📧 info@pincusproed.com | ☎ (877) 858-3848