SECTION 766.205. Presuit discovery of medical negligence claims and defenses.
Latest version.
1(1) 2Upon the completion of presuit investigation pursuant to s. 11766.203, 12which investigation has resulted in the mailing of a notice of intent to initiate litigation in accordance with s. 31766.106, 32corroborated by medical expert opinion that there exist reasonable grounds for a claim of negligent injury, each party shall provide to the other party reasonable access to information within its possession or control in order to facilitate evaluation of the claim.
73(2) 74Such access shall be provided without formal discovery, pursuant to s. 85766.106, 86and failure to so provide shall be grounds for dismissal of any applicable claim or defense ultimately asserted.
104(3) 105Failure of any party to comply with this section shall constitute evidence of failure of that party to comply with good faith discovery requirements and shall waive the requirement of written medical corroboration by the party seeking production.
143(4) 144No statement, discussion, written document, report, or other work product generated solely by the presuit investigation process is discoverable or admissible in any civil action for any purpose by the opposing party. All participants, including, but not limited to, hospitals and other medical facilities, and the officers, directors, trustees, employees, and agents thereof, physicians, investigators, witnesses, and employees or associates of the defendant, are immune from civil liability arising from participation in the presuit investigation process. Such immunity from civil liability includes immunity for any acts by a medical facility in connection with providing medical records pursuant to s. 243766.204(1)244regardless of whether the medical facility is or is not a defendant.
History.-s. 52, ch. 88-1; s. 28, ch. 88-277; s. 34, ch. 91-110.
