SECTION 766.203. Presuit investigation of medical negligence claims and defenses by prospective parties.
Latest version.
1(1) 2APPLICATION OF PRESUIT INVESTIGATION.6-7Presuit investigation of medical negligence claims and defenses pursuant to this section and ss. 21766.20422-23766.20624shall apply to all medical negligence claims and defenses. This shall include:
36(a) 37Rights of action under s. 42768.1943and defenses thereto.
46(b) 47Rights of action involving the state or its agencies or subdivisions, or the officers, employees, or agents thereof, pursuant to s. 68768.2869and defenses thereto.
72(2) 73PRESUIT INVESTIGATION BY CLAIMANT.77-78Prior to issuing notification of intent to initiate medical negligence litigation pursuant to s. 92766.106, 93the claimant shall conduct an investigation to ascertain that there are reasonable grounds to believe that:
109(a) 110Any named defendant in the litigation was negligent in the care or treatment of the claimant; and
127(b) 128Such negligence resulted in injury to the claimant.
136Corroboration of reasonable grounds to initiate medical negligence litigation shall be provided by the claimant’s submission of a verified written medical expert opinion from a medical expert as defined in s. 167766.202(6), 168at the time the notice of intent to initiate litigation is mailed, which statement shall corroborate reasonable grounds to support the claim of medical negligence.
193(3) 194PRESUIT INVESTIGATION BY PROSPECTIVE DEFENDANT.199-200Prior to issuing its response to the claimant’s notice of intent to initiate litigation, during the time period for response authorized pursuant to s. 224766.106, 225the prospective defendant or the defendant’s insurer or self-insurer shall conduct an investigation as provided in s. 242766.106(3)243to ascertain whether there are reasonable grounds to believe that:
253(a) 254The defendant was negligent in the care or treatment of the claimant; and
267(b) 268Such negligence resulted in injury to the claimant.
276Corroboration of lack of reasonable grounds for medical negligence litigation shall be provided with any response rejecting the claim by the defendant’s submission of a verified written medical expert opinion from a medical expert as defined in s. 314766.202(6), 315at the time the response rejecting the claim is mailed, which statement shall corroborate reasonable grounds for lack of negligent injury sufficient to support the response denying negligent injury.
344(4) 345PRESUIT MEDICAL EXPERT OPINION.349-350The medical expert opinions required by this section are subject to discovery. The opinions shall specify whether any previous opinion by the same medical expert has been disqualified and if so the name of the court and the case number in which the ruling was issued.
History.-s. 50, ch. 88-1; s. 26, ch. 88-277; s. 33, ch. 91-110; s. 113, ch. 92-33; s. 3, ch. 92-278; s. 60, ch. 2003-416; s. 154, ch. 2004-5.
