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

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 pre-suit discovery, making your demand, Pre-suit Arbitration options and designing an effective pre-suit mediation. Your faculty will also dig into damages – both economic and non economic.


Can’t attend? This program will be recorded live on May 10, 2019 in Fort Lauderdale, FL. The audio packages, including seminar materials, will be available within two-three weeks after each live program date. Just click the order audio package button to the right to pre-order it.


Do you want to improve your public speaking skills? Get Faith Pincus’ newly published book Being Heard: Presentation Skills for Attorneys, from the ABA now (ABA members receive 10% off). It is also available on Amazon in Kindle and paperback versions.


9:00 – 11:00
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

11:00 – 11:15

11:15 – 12:15
Pre-suit arbitration options

12:15 – 1:15
Lunch (on your own)

1:15 – 2:25
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

2:25 – 3:35
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

3:35 – 3:50

3:50 – 5:00
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


May 10, 2019
9:00 a.m. – 5:00 p.m. (lunch on your own)
Check in between 8:30 – 9:00 a.m.


Courtyard by Marriott Fort Lauderdale Airport & Cruise Port
400 Gulf Stream Way
Dania Beach, FL 33004


“It’s not merely about getting in the required CLE hours. The content of the seminar I attended impressed me and sold me on your programs. It’s very easy to get the hours. Getting something of substance that is beneficial is different. I’m proud to say that this is what separates you from the competition.” – Jerry Szymanski, Esq.

“I have utilized all of the service providers that I noted in the survey and truly felt I received great service from each. My favorite continuing legal education seminar provider, Pincus Professional Education is particularly noteworthy though. I have attended about five Pincus seminars. Each was phenomenally packed with useful content and had presenters/speakers of the highest skill level. I would unhesitatingly recommend Pincus to other lawyers and am already planning my next couple of seminars with this CLE provider.”

– Quote from The Recorder’s ‘Best of CA 2013’ survey


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 was born and raised in Miami. He received his undergraduate degrees in U.S. history and journalism from Southern Methodist University in Dallas.

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, and has spoken around the country on these subjects as well as other political issues.

A second-generation Miami attorney, Drew attended the University of Miami School of Law, from which he graduated cum laude in 1999.

In 2011, Drew was honored in the prestigious publication, Best Lawyers in America, in three separate practice areas: General personal injury litigation, medical malpractice, and product liability. In 2010-11, he was honored as a Law Dragon Finalist — one of the top 3,000 lawyers in the United States. In 2010 and 2011, he was also named to the Florida Legal Elite as one of the top lawyers in Florida.He was listed among the top 2.5% of lawyers under the age of 40 in Florida by the Florida Super Lawyers and Law & Politics publication, and is listed among the top young lawyers in South Florida by the South Florida Legal Guide. Drew is "AV" rated by Martindale Hubbell, the highest rating for legal accomplishment, professional achievement and ethics. Currently, Drew serves the secretary of the Board of Directors of the Miami-Dade Justice Association (formerly the Dade County Trial Lawyers Association).


Register by March 16, 2019 and save on each registration with the Early Bird rate!

Registration fees are per person

Individual: $425
Early Bird registration $399

Group: $399 per person for 2 or more from the same company pre-registering at the same time
Early Bird registration $380

Government employee/Legal Aid* Rate: $375
Early Bird registration $350

Law Students/paralegals*: $235 (current JD students only)
Early Bird registration $210

Program materials:

We’ve gone green.  Registration fees include an electronic copy of your handbook emailed one week in advance of the program.  Be sure to check your spam folder if you don’t see it by then.

If you prefer, you may order a hard copy of the handout to be provided the day of the program for $25. To do so, please be sure to check the box when you register. If you want a hard copy, you must order it when you register; there will not be any available for purchase the day of the program.

* Law Student Rate is for current law students only.

** Legal Aid attorneys are those attorneys employed by Legal Aid/non-profit firms. It does not include attorneys who have their own practice, or are employed by law firms, that volunteer their time for non-profit causes or take on pro-bono cases. Full and partial scholarships may be available to a limited number of Legal Aid attorneys, based upon registration. Please call (877) 858-3848 to discuss or email your request to

CLE Credits

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.

NY/NJ General: This program (the live version only) is approved for 6.5 hours in New York and New Jersey via their reciprocity policy with California.

This program is approved for CLE in the states listed above.  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 & Refund 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.

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.

For policies related to audio products, please select “I want a download or CD” on the right.

$235.00$425.00 each

May 10, 2019 | Fort Lauderdale, FL


Printed Materials

[ All attendees receive a pdf of the materials one week prior to the program. To purchase a printed hard copy, please select this option to order it now. ]

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