Board Certified Civil Trial Attorney
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Approved Mediator
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Approved Arbitrator
Board Certified Civil Trial Attorney
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Approved Mediator
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Approved Arbitrator
Medical Malpractice Mediation & Arbitration
Tampa Civil Mediation, LLC, a Tampa, Florida medical malpractice mediation practice, resolves medical negligence disputes between injured patients, healthcare providers, and malpractice insurers without a jury verdict. Martino also serves as arbitrator in medical malpractice disputes, whether sole arbitrator, panel chair, or panel member, when parties elect that path instead of a negotiated settlement.
Anthony T. Martino, named by Best Lawyers in America for Medical Malpractice Law, has tried medical negligence cases across Hillsborough County and the greater Tampa Bay area for more than 45 years. That trial record shapes how he frames the competing expert testimony each side brings to the table before parties schedule a mediation.
Medical malpractice mediation is a confidential settlement process in which a neutral mediator helps an injured patient or a patient’s estate negotiate with a healthcare provider or malpractice insurer, without a jury deciding the standard-of-care dispute. Florida medical negligence claims turn on competing expert testimony about whether a provider met the accepted standard of care, which makes an experienced mediator’s read of that testimony central to the process.
Parties with a personal injury claim outside the medical context can review Tampa Civil Mediation’s personal injury mediation page separately.
Florida medical negligence claims follow a mediation track distinct from ordinary personal injury cases, built around a mandatory presuit investigation period before litigation and a mandatory mediation deadline once a lawsuit is filed.
A claimant must serve presuit notice on each prospective defendant under Fla. Stat. § 766.106, which opens a 90-day presuit investigation period during which the statute of limitations is tolled and no suit may be filed. Once a medical negligence lawsuit is filed and binding arbitration has not been agreed to, Fla. Stat. § 766.108(1) requires all parties to attend in-person mandatory mediation within 120 days of filing, unless that period is extended by mutual agreement.
Medical malpractice mediators commonly bill by the hour, split among the parties, with a higher session minimum than routine personal injury mediation reflecting the added preparation time for reviewing expert reports and medical records; this reflects Tampa Civil Mediation’s practice rather than a fixed statutory rate. Total cost depends on the number of defendants, the number of retained experts, and whether the carrier requires a full-day session.
Request a quote directly from Tampa Civil Mediation based on party count and case complexity.
The statutory mediation conference required under Fla. Stat. § 766.108(1) is conducted in person. The session opens with a joint session before moving into separate caucus rooms for each party, built around competing expert opinions rather than liability facts alone.
In Tampa Civil Mediation’s experience, parties who arrive with organized expert reports and complete medical records typically move toward resolution faster than those relying on summaries alone. A representative with full authority to settle must attend, under Fla. R. Civ. P. 1.720, and for a malpractice insurer that typically means an adjuster or claims counsel with settlement authority.
Mediation, arbitration, and trial resolve a medical negligence dispute through three different decision structures, and the professional and reputational stakes of a public verdict make the choice especially consequential for a named provider.
| Factor | Mediation | Jury Trial |
|---|---|---|
| Decision maker | The parties themselves | A judge or jury |
| Public record | Confidential under Fla. Stat. § 44.405, with a signed agreement itself not protected | Public court record, including any adverse verdict against the named provider |
| Standard-of-care dispute | Resolved by negotiated agreement between the parties | Decided by a jury weighing competing expert testimony |
| Cost | Mediator fee, split among parties | Trial costs, multiple expert witness fees, court costs |
| Outcome control | Parties control the settlement terms | Judge or jury issues a binding verdict |
| Factor | Mediation | Arbitration |
|---|---|---|
| Decision authority | Mediator facilitates, does not decide | Arbitrator hears expert testimony and decides |
| Binding outcome | Only if parties agree and sign | Binding, when offered and accepted in lieu of litigation under Fla. Stat. § 766.207 |
| Process formality | Informal, flexible negotiation | Formal, evidence-based hearing |
| Best fit | Parties want control over the result and confidentiality | Parties want a third-party ruling without a jury trial |
Parties who want a binding decision on the merits instead of a negotiated settlement can review arbitration services separately. Martino personally serves as arbitrator for parties who choose that path.
At a glance
Common Questions
Presuit timing, the 120-day deadline, limitations, and confidentiality — with the governing statute or rule cited for each.
A claimant must first complete a 90-day presuit investigation under Fla. Stat. § 766.106 before filing suit. Once suit is filed, all parties must attend mandatory mediation within 120 days, unless that period is extended by mutual agreement, under Fla. Stat. § 766.108(1).
Yes, unless the parties have agreed to binding arbitration. Fla. Stat. § 766.108(1) requires all parties to attend in-person mediation within 120 days of filing suit, and the court separately requires a settlement conference at least three weeks before trial.
Costs are typically higher than in routine personal injury mediation because expert reports and medical records require additional preparation time, which is billed hourly and split between the parties, per Tampa Civil Mediation’s practice. Multiple named defendants or competing experts on both sides raise the per-session minimum.
An action must generally be commenced within two years from the incident or within two years of discovering the injury, whichever applies, and in no event more than four years from the incident, under Fla. Stat. § 95.11(5)(c). Fraudulent concealment can extend the period by up to 7 years, and separate rules apply to minors.
The statutory mediation required under Fla. Stat. § 766.108(1) within 120 days of filing suit must be conducted in person. Voluntary mediation outside that statutory track may be conducted by video, with separate virtual caucus rooms that mirror an in-person session.
Complete medical records relevant to the standard-of-care dispute, expert witness reports and CVs, and any life-care planning or economic-loss documentation. A representative with full settlement authority must also attend, under Fla. R. Civ. P. 1.720.
It centers on competing expert testimony about the standard of care rather than liability facts alone, and follows the presuit notice and mandatory 120-day in-person mediation deadline under Fla. Stat. § 766.106 and § 766.108, which do not apply to ordinary personal injury claims.
Yes. Under Fla. Stat. § 44.405, mediation communications are confidential, and parties hold a privilege against having them used in later proceedings, with limited statutory exceptions. A signed settlement agreement itself is not protected by that confidentiality.
The mediator reports the lack of agreement to the court without comment or recommendation, under Fla. R. Civ. P. 1.730(a). The case then proceeds toward the mandatory pretrial settlement conference required under Fla. Stat. § 766.108(2)(a), and ultimately trial.
Each party, their counsel of record, and a representative with full authority to settle must attend, under Fla. R. Civ. P. 1.720. For a malpractice insurer, that typically means an adjuster or claims counsel empowered to bind the company to any agreement.
Yes, alongside the provider’s insurer, self-insurer, or employing practice or hospital, depending on how the claim is structured. Fla. Stat. § 766.106 defines the prospective defendant broadly to include self-insured and uninsured healthcare providers.
Anthony T. Martino brings 45 years of civil trial experience with medical negligence claims to every mediation or arbitration table, helping counsel and carriers work through competing expert testimony before trial.
Check available dates for mediation or arbitration in Tampa Bay or statewide by video.
