The Plaintiff Attorney’s Guide to Handling the Medical Malpractice Pre-suit

Audio program! (check our CLE Programs page for live versions)

To bring a medical malpractice action in Florida requires much more than a complaint and a filing fee. Florida has enacted labyrinthine statutes and rules which can trap the unwary.

At this comprehensive seminar, your faculty – all experts in Medical Malpractice suits – will cover those issues related to pre-suit investigations, and help you prepare your case for the optimum results.

Your faculty will review procedures for filing a medical malpractice action in Florida, and review recent case law dealing with hot issues. They will cover topics such as obtaining your expert’s affidavit, preparing the Notice of Intent Letter, handling presuit discovery, making your demand, Presuit Arbitration options and designing an effective presuit mediation. Your faculty will also dig into damages – both economic and non economic.

This program is still in the planning stages and additional topics will be added.


The audio packages, including seminar materials, will be available within two-three weeks after the live program date.  CD and Download format are available. The recording date for this program is May 10, 2019.

Prefer to attend in person? This program will be held live on May 10, 2019 in Fort Lauderdale, FL. Please go here to register to attend in person.



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What You Will Learn

The medical malpractice 90-day suit period

  • Client assessment and intake
  • Time line /statute of limitation considerations
  • Types of cases that require the statutory pre-suit
  • Pre-Suit Automatic SOL extensions
  • Preparing your case
  • Preparing / Serving the Notice of Intent to Initiate Litigation
  • Handling the case during the 90 days
    • Handling unsworn statements of both the prospective claimant and defendant
    • Responding to discovery
  • Records Retrieval
  • Reviewing medical records

Pre-suit arbitration options

Pre-suit discovery

  • What are the necessary pre-suit documents you need to obtain?
  • Choosing your medical expert
  • Obtaining your expert’s affidavit
  • Handling pre-suit discovery
    • Documents
    • Interrogatories
    • Physical/Mental Examinations
    • Unsworn Statements
    • Adverse Medical Incidents
    • Policies and Procedures
    • Confidentiality
    • Spoilation of evidence

Making your demand and designing an effective pre-suit mediation

  • Preparing demand package
    • Offers/Demands of / for Judgment
  • Economic/non-economic damages and damage caps
  • Settlement proposals
  • Use of PowerPoints
  • Utilizing video opinions of experts
  • Highlighting medical records
  • Day in the life video
  • Animation of surgical or other interventions
  • Use of radiographs
  • Use of medical literature
  • Life care plans and economics

Thinking outside of the box: Pre-suit strategies

  • Knowing your defendant
  • Practical considerations in pre-suit
  • Desired outcomes
  • Offensive Strategies
  • Defensive Strategies
  • Getting to done


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Herb Borroto, Esq.
The Alverez Law Firm

Mr. Borroto is a partner and heads the firm’s Medical Negligence Division. Born and raised in Miami, Florida, Mr. Borroto graduated from the University of Miami in 1983 with Bachelors degrees in Chemistry and Biology. Subsequently, he attended and graduated from medical school at the Universidad Technologica de Santiago with his M.D. degree. With this medical degree, Mr. Borroto is uniquely qualified to handle medical malpractice claims.

After completing medical school, Mr. Borroto returned to Miami where he worked for a local physician malpractice insurance company assisting in the defense of medical malpractice claims. He became a licensed adjuster in the State of Florida. Intrigued by the medical-legal field, he decided to study law at St. Thomas University where he attained his J.D. degree with honors in 1990.

Mr. Borroto’s legal career has included both the defense of healthcare professionals as well as representing clients in lawsuits against these individuals. He is one of the few attorneys that have actual experience on both sides of the fence as well as holding both an M.D. and J.D. degree. This makes him uniquely qualified to handle the complex issues that arise in medical malpractice cases.

Stephen F. Cain
Stewart Tilghman Fox Bianchi & Cain, P.A.

Stephen has successfully pursued personal injury claims on behalf of clients in cases involving medical malpractice, defective products, automobile accidents, negligent security, legal malpractice, admiralty/maritime accidents and general negligence. His efforts have resulted in numerous verdicts and settlements in excess of a million dollars. 

Stephen is also active in various legal organizations on both a state and national level that focus on preserving the legal rights of victims and their families. He currently serves on the Board of Directors and the Executive Committee of the Florida Justice Association (FJA). With the full support of the firm, he spends countless hours in Tallahassee lobbying our elected officials in the Florida Legislature to ensure that victims and their families continue to have the rights guaranteed them under the Constitution to pursue their claims for injuries and death resulting from the negligence of others.

Stephen received his undergraduate degree from Florida State University. He graduated cum laude from the University of Miami School of Law where he was recognized with honors in the nationally renowned Litigation Skills program. He has continued to excel in his professional practice and has been recognized by various publications and his peers as a Florida Trend "Legal Elite", a Florida Super Lawyer "Top Young Lawyer", and as an "Up and Comer" by the South Florida Legal Guide.

Stephen is married to his wife, Marni, and together they have three children, Raftin, Hudson and Savannah. He is actively involved in the community and with various charities.

Jay Cohen, Esq.
Senior Partner
Law Office of Jay Cohen PA

Florida attorney Jay Cohen represents individuals and families who suffer due to the negligence of others. His experience and professionalism have earned him membership in the American Board of Trial Advocates, where he earned the distinction of “Lawyer of The Year,” as well as peer recognition from Florida Trend Magazine’s Legal Elite, Florida Super Lawyers, and The Best Lawyers in America©. Jay was a finalist two years running for the Daily Business Review’s Best Medical Malpractice Lawyer. He is also the recipient of America’s Top 100 Attorneys® Lifetime Achievement Award, and the Broward County Bar Association’s Professionalism Award. Jay is AV Preeminent® rated by Martindale-Hubbell®.

Jay has won large jury verdicts in medical malpractice, other personal injury and complex commercial cases in Florida. He is involved in numerous bar association activities and was elected to serve as a member of The Florida Bar Board of Governors for 9 years. He was an adjunct professor of law at Nova Law School and St. Thomas University.

Jay completed his undergraduate studies at the University of Florida, graduating cum laude in 1975. He received his J.D. at South Texas College of Law. He was admitted to the Texas Bar in 1978 and to the Florida Bar in 1980 and is licensed to practice in all state and federal courts in Florida.

Jay has represented both plaintiffs and defendants in litigation. In addition to his many years representing victims of medical negligence, he has successfully defended hospitals and doctors for over 25 years. Because of his broad perspective on the litigation process, he continues to be an invited lecturer to hospitals and physicians groups, as well as to the Plaintiff’s Trial Bar Associations. Jay also sits on the Board of Directors of The Urban League.

Jeffrey Davis, B.C.S.
Jeffrey R. Davis, P.A.

Jeffrey R. Davis grew up in Massapequa, Long Island, New York.  He attended college at the State University of New York at Stony Brook where he graduated with high honors in 1983.  Mr. Davis then attended law school at the University of Miami School of Law where he graduated in 1986.  He was admitted to The Florida Bar that same year.

Jeffrey R. Davis has practiced in the area of Plaintiff’s personal injury, wrongful death and medical malpractice exclusively. After working as an associate in a Plaintiff’s injury firm Mr. Davis formed his own practice in 1997.

As a practicing lawyer, Jeffrey R. Davis has served on various committees of The Florida Bar, including several grievance committees and committees on the unauthorized practice of law.  He has held memberships in several local, state and national lawyer organizations and is admitted to practice law in both Federal and State Court.


Deborah Gander, Esq.
Colson Hicks Eidson

Deborah J. Gander is a board certified civil trial lawyer with more than 0 million in verdicts and settlements for her clients. A partner at Colson Hicks Eidson since 2002, she represents clients who have suffered catastrophic injuries or who have lost family members; she also represents clients who face financial ruin because of insurance company bad faith.

Deborah has twenty verdicts exceeding million. This includes an award that was the largest ever in a Federal Tort Claims Act Case: million for medical negligence at a Naval hospital, and was the first time in history the U.S. government was held liable for the acts of a doctor it alleged was an “independent contractor.” She recently obtained a verdict of .3 million against Royal Caribbean Cruises, Ltd. in an admiralty case on behalf of a crewmember seriously injured aboard a vessel.  She obtained a verdict in excess of million for the parents of two pedestrians who were killed while crossing the street at dusk. Additionally, she handled several multimillion-dollar settlements in medical malpractice, heavy trucking (18-wheelers), and other personal injury cases.

As a personal injury attorney, Deborah works closely with clients during lengthy and complex cases, developing strong relationships that last long after the case resolves.

Julie Braman Kane, Esq.
Colson Hicks Eidson

Julie Braman Kane has decades of experience successfully representing injured plaintiffs in high-level litigation. A partner of Colson Hicks Eidson since 1999, she has secured multimillion-dollar verdicts and personal injury settlements, including a million verdict in a medical malpractice and drug negligence case.

AV-rated trial lawyer by Martindale-Hubbel, Julie focuses her practice on representing plaintiffs in personal injury, medical malpractice and product liability lawsuits when harmed by the negligence of other individuals or corporations. Her practice also includes commercial litigation and class actions as well as data breach litigation, and she currently serves on the Plaintiffs’ Steering Committee for the In Re: 21st Century Oncology Customer Data Security Breach Litigation.

She is committed to personal attention and works closely with each of her clients to inform and involve them in every step of their case, assuring they receive the highest quality representation possible.

Seth Miles, Esq.
Buckner + Miles

Seth Miles is an experienced trial lawyer successfully litigating personal injury, wrongful death, medical malpractice, maritime, class action, commercial tort, and qui tam cases. In each area, Mr. Miles has had clients recover in excess of one million dollars. In total, his recoveries for his clients exceed 0,000,000.

In one of the pivotal cases in his career, Seth received an million verdict on behalf of three Cuban migrants forced to work as modern day slaves at a drydock. As a result of his work on this case, he was honored with the prestigious “Most Effective Lawyer” award given by the Daily Business Review. He also received a .7 million verdict in an automobile accident case in Volusia County, Florida. This is believed to be the largest automobile accident personal injury verdict in the history of Volusia County. In April 2014, Mr. Miles tried a wrongful death case in federal court in the Northern District of Illinois. The deceased contracted legionnaires disease while staying at a JW Marriott. After nearly a week long trial, the federal jury awarded the 83 year old widow nearly .3 million for the loss of her 80 year old husband.

Another one of Seth’s most notable victories involves recovering million on behalf of all Lloyds of London property insurance clients assessed a hurricane deductible in the 2004-2005 season. In this class action, Seth successfully argued that statute-required language advising of high hurricane deductibles was not included and therefore policy owners should be reimbursed. After two years of litigation, the case was settled with each owner getting 65 percent of their deductible refunded—a clear victory. Recently, Mr. Miles served as class counsel in Dishkin v. Tire Kingdom, a class action brought under the Florida Deceptive and Unfair Trade Practices Act. The trial court certified the class and granted summary judgment in favor of the class. These rulings were defended all the way to the Florida Supreme Court. In October of 2014, the trial court granted final approval to a .5 million settlement that afforded each class member approximately 100% of their loss.

Mr. Miles was selected to serve on the Plaintiff’s Executive Committee for the crash of American Airlines Flight 331 and chosen as Liason Counsel for nationwide force-placed flood insurance claims against J.P. Morgan Chase that resulted in a .5 million settlement. He also currently serves on the Southern District of Florida’s Bar Grievance Committee and the Florida Bar’s Constitutional Judiciary Committee. In addition, Seth was selected by the Florida Supreme Court to serve on the Civil Jury Instruction Committee.

Prior to entering private practice, Seth served as an Assistant United States Attorney in the criminal division of the United States Attorney’s Office in the Southern District of Florida. While serving as an Assistant United States Attorney, he tried numerous jury trials on matters ranging from airplane skyjacking to healthcare fraud and argued before the Eleventh Circuit Court of Appeals multiple times.

Andrew Moss, Esq.
Kutner, Rubinoff & Moss, P.A.


Andrew M. Moss is a civil trial lawyer who represents individuals and families who have suffered due to the negligence or intentional acts of others. He has been recognized as one of the leading attorneys in Florida in general personal injury litigation, medical malpractice litigation, and product liability litigation.

Drew was born and raised in Miami. He received his undergraduate degrees in U.S. history and journalism from Southern Methodist University in Dallas. A second-generation Miami attorney, Drew attended the University of Miami School of Law, from which he graduated cum laude.

During and after college, he worked as a freelance journalist. Drew was then hired by a presidential campaign as a writer and media and policy advisor. He has co-authored a book on Medicare and the American health system.

Drew is honored to be a member of the American Board of Trial Advocates, a national invitation-only association of trial lawyers. He currently serves on the Board of Directors of the Miami ABOTA Chapter. Since 2012, Drew has been listed in the prestigious publication, Best Lawyers in America, in three separate practice areas, one of a handful of attorneys in Florida to be recognized in this many specialties. Since 2015, he has been listed as one of the top 100 lawyers in South Florida by Florida Super Lawyers Magazine, a peer reviewed publication. He is named in U.S. News and World Report as one of the best lawyers in America. Drew is “AV” rated by Martindale Hubbell, the highest rating for legal accomplishment, professional achievement and ethics. Drew is a past president the Miami-Dade County Trial Lawyers Association, the largest local trial lawyers bar association in Florida.

In 2017, Drew received a .1 million verdict in an automobile accident case in Miami-Dade County, which was one of the top-20 verdicts in the State of Florida. In addition to his trial successes in personal injury cases, Drew has received a million verdict in a commercial banking case.

Drew is the managing partner of Kutner, Rubinoff & Moss.









Bar Admissions:

• Florida, 1999

• U.S. District Court, Southern District of Florida

• U.S. District Court, Northern District of Florida

• U.S. District Court, Middle District of Florida.

• U.S. District Court, Northern District of California (pro hoc vice)


• University of Miami, J.D., cum laude, 1998

• Southern Methodist University, dual B.A., 1993

Professional Associations and Memberships:

• The Florida Bar. Former Member, Student Education and Admission to the Bar Committee

• Miami Dade Justice Association. President (2014)

• Dade County Bar Association

• American Bar Association

• Academy of Florida Trial Lawyers

• Association of Trial Lawyers of America

• Million-Dollar Advocates Forum


• Martindale H

• American Board of Trial Advocates, Member.

• Best Lawyers in America, 2012-2018

• Top 100 Lawyers in South Florida, Florida Super Lawyers Magazine (2015- )

• Top Lawyers in Florida, Florida Legal Elite

• Best Lawyers in America, U.S. News & World Report

• Top Lawyers in South Florida, South Florida Legal Guide




Audio Recording & Materials Package – CD or Download format: $425

For CDs please add $7.50 shipping and, in CA, sales tax.

(Audio packages are available approximately two to three weeks after the seminar is held.)

CLE Credit

FL General:  This program is approved for 8.0 units of general CLE credit in Florida through November 30, 2020.

FL Board Certified: This program is approved for units of Board Certified CLE in Florida as follows:

  • Civil Trial: 8.0 units

CA General: This program is approved for 6.5 hours of general CLE in California.

Upon request, Pincus Pro Ed will provide any information an attorney needs to support their application for CLE approval in other states other than what is listed above.

Terms and Policies

Recording policy: No audio or video recording of any program is permitted.

Seminar Cancellations: Should you be unable to attend for any reason, please inform us in writing no later than 14 days prior to the event and a credit voucher will be issued. If you prefer, a refund, less a $50 non-refundable deposit, will be issued. No refunds or credits will be given for cancellations received within 14 days of an event. However, if you notify us within 14 days of an event, and wish to convert your in-person attendance registration to an Audio CD package (with handout), we can do so. A small additional shipping charge, and sales tax in CA, will be incurred. No shipping charge is incurred for downloads. We will also issue a voucher for the amount paid if you notify us within 14 days and prefer not to have the audio recording.

Substitutions may be made at any time.

Webinars, Tele-seminars and Webcast Cancellations: Once log-in codes and passwords are issued for a webinar, tele-seminars or webcasts, a refund is not possible. If for any reason you cannot attend the event after you have received the codes, we will automatically convert your registration to an instant streaming/instant download or CD format and provide you with the information you need to access the recording after the program concludes and the recording is available.  Conversions to CD require a $7.50 shipping fee, and in CA, 9% sales tax.

Downloads/CDs/DVDs – Refund policy:

Downloads are non-returnable/non-refundable once purchased and received. Tapes, CDs and DVDs are returnable for a full refund or replacement if defective, within 90 days of purchase.

Reminder: The room temperature at hotels and other seminar locations are notoriously hard to control. Please bring a sweater or jacket in case it gets cold and/or layer as if you are going to the movies so you are comfortable.

$425.00 each

Recording/Recorded on May 10th, 2019.