United States · Florida medical negligence
When must the court require a settlement conference in a Florida medical-malpractice action?
Section 766.108(2)(a) requires a settlement conference at least three weeks before the date set for trial in the stated medical-malpractice damages action. Trial attorneys, parties and people with settlement authority must attend unless the court excuses attendance for good cause. The court must establish the actual conference setting.
- Period
- A court-required settlement conference at least three weeks before the actual trial setting
- Trigger
- The actual date set for trial, court conference setting and any court-granted attendance excuse
- Rule
- 2026 Florida Statutes section 766.108(2)(a),(b)
2026 Florida Statutes, October 1, 2026 civil compilation and July 1, 2026 general practice compilation
Source guide · No automated date
Establish the complete Florida medical negligence procedure
The statute requires an actual court conference with minimum trial lead time and specified participants. A trial-date-only backward preset cannot establish the setting, authority or good-cause excuse. The complete backward calculation remains guarded.
2026 Florida Statutes section 766.108(2)(a),(b)What lawyers say
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Which actual event starts this Florida medical negligence period?
Read the operative order setting the actual trial date.
Preserve the court’s actual settlement-conference setting and compare the required lead time.
Identify trial attorneys, parties and people with settlement authority, and preserve any court excuse.
2026 Florida Statutes section 766.108(2)(a),(b)How does Florida count this civil period?
- Read the operative order setting the actual trial date.
- The statute requires at least three weeks before the date set for trial. Rule 2.514(a)(5) distinguishes backward from forward computation. Preserve the minimum lead time and the actual court setting. This guarded guide does not move an isolated backward result forward or turn a trial input into a conference order.
- Check the observed statutory holidays, actual clerk calendar and chief-justice directions.
- Complete the required act with the proper court or recipient.
Apply the observed New Year’s Day, Martin Luther King Jr. birthday, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, Friday after Thanksgiving and Christmas Day holidays. Section 110.117 observes Saturday holidays on the preceding Friday and Sunday holidays on the following Monday. Rule 2.514 also includes clerk-observed holidays and days designated by the chief justice or chief judge. An ineligible final day moves in the counting direction. The bundled Florida calendar covers 2026 through 2028. Verify additional closures and chief-justice extensions separately.
Florida Rule of General Practice and Judicial Administration 2.514(a)Why does this procedure need a separate comparison?
The statute requires an actual court conference with minimum trial lead time and specified participants. A trial-date-only backward preset cannot establish the setting, authority or good-cause excuse. The complete backward calculation remains guarded.
Which Florida medical negligence qualifications change the procedure?
- The statute defines the covered damages action
- Section 766.108(2)(a) covers personal-injury or wrongful-death damages arising from medical malpractice, whether in tort or contract. Establish the actual action rather than applying this specific requirement to every negligence suit.
- Trial attorneys and settlement-authority participants must attend
- Paragraph (2)(b) identifies attorneys who will conduct the trial, parties and people with authority to settle. A person’s presence alone does not establish actual authority, and an attorney who will not conduct trial is not automatically the specified trial attorney.
- An attendance excuse requires court action for good cause
- Paragraph (2)(b) permits attendance to be excused by the court for good cause. Preserve the actual order or court direction. A request, a party agreement or an assumed inconvenience does not establish a granted judicial excuse.
- The mediation requirement is separate
- Paragraph (1) addresses in-person mediation within 120 days after suit filing, with binding-arbitration and mutual-extension conditions. The court settlement conference uses the actual trial setting instead.
- This guide does not establish timely presuit notice, a limitation or repose extension, a complete filing window or medical negligence.
- Check the governing historical edition, actual motions, orders, clerk holidays and filing receipts.
What must be filed, served and preserved?
Questions about this Florida medical negligence act
When must the court require a settlement conference in a Florida medical-malpractice action?
Does the statute set a particular conference day automatically?
Paragraph (2)(a) requires the court to require a conference with at least three weeks of trial lead time. Preserve its actual setting.
2026 Florida Statutes section 766.108(2)(a)Can a party excuse itself from attendance?
Paragraph (2)(b) requires the stated participants unless the court excuses attendance for good cause.
2026 Florida Statutes section 766.108(2)(b)Is this the same event as the postfiling mediation?
Paragraph (1) and paragraph (2) use different events, periods and conditions. Review both applicable procedures.
2026 Florida Statutes section 766.108(1),(2)Official Florida medical negligence sources and review
Provisions used (7)
| Provision | Purpose |
|---|---|
| 2026 Florida Statutes section 766.108(2)(a),(b) | The responsible actor, actual event and stated procedural period |
| 2026 Florida Statutes section 766.108(2)(a) | The statute defines the covered damages action |
| 2026 Florida Statutes section 766.108(2)(b) | Trial attorneys and settlement-authority participants must attend |
| 2026 Florida Statutes section 766.108(2)(b) | An attendance excuse requires court action for good cause |
| 2026 Florida Statutes section 766.108(1),(2) | The mediation requirement is separate |
| Florida Rule of General Practice and Judicial Administration 2.514(a)–(b) | Applicable computation, filing, service and proof |
| 2026 Florida Statutes section 110.117(1) | Observed statutory holidays and weekend substitutions |