(1) APPLICATION OF PRESUIT INVESTIGATION.—Presuit investigation of medical negligence claims and defenses pursuant to this section and ss. 766.204-766.206 shall apply to all medical negligence claims and defenses. This shall include:
(a) Rights of action under s. 768.19 and defenses thereto.
(b) Rights of action involving the state or its agencies or subdivisions, or the officers, employees, or agents thereof, pursuant to s. 768.28 and defenses thereto.
(2) PRESUIT INVESTIGATION BY CLAIMANT.—Prior to issuing notification of intent to initiate medical negligence litigation pursuant to s. 766.106, the claimant shall conduct an investigation to ascertain that there are reasonable grounds to believe that:
(a) Any named defendant in the litigation was negligent in the care or treatment of the claimant; and
(b) Such negligence resulted in injury to the claimant.
Corroboration 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. 766.202(6), at the time the notice of intent to initiate litigation is mailed, which statement shall corroborate reasonable grounds to support the claim of medical negligence.
(3) PRESUIT INVESTIGATION BY PROSPECTIVE DEFENDANT.—Prior to issuing its response to the claimant’s notice of intent to initiate litigation, during the time period for response authorized pursuant to s. 766.106, the prospective defendant or the defendant’s insurer or self-insurer shall conduct an investigation as provided in s. 766.106(3) to ascertain whether there are reasonable grounds to believe that:
(a) The defendant was negligent in the care or treatment of the claimant; and
(b) Such negligence resulted in injury to the claimant.
Corroboration 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. 766.202(6), at 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.
(4) PRESUIT MEDICAL EXPERT OPINION.—The 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.
Structure Florida Statutes
Chapter 766 - Medical Malpractice and Related Matters
766.101 - Medical Review Committee, Immunity From Liability.
766.1016 - Patient Safety Data Privilege.
766.102 - Medical Negligence; Standards of Recovery; Expert Witness.
766.103 - Florida Medical Consent Law.
766.104 - Medical Negligence Cases; Reasonable Investigation Required Before Filing.
766.105 - Florida Patient’s Compensation Fund.
766.1065 - Authorization for Release of Protected Health Information.
766.108 - Mandatory Mediation and Mandatory Settlement Conference in Medical Negligence Actions.
766.110 - Liability of Health Care Facilities.
766.111 - Engaging in Unnecessary Diagnostic Testing; Penalties.
766.1115 - Health Care Providers; Creation of Agency Relationship With Governmental Contractors.
766.118 - Determination of Noneconomic Damages.
766.201 - Legislative Findings and Intent.
766.202 - Definitions; Ss. 766.201-766.212.
766.203 - Presuit Investigation of Medical Negligence Claims and Defenses by Prospective Parties.
766.205 - Presuit Discovery of Medical Negligence Claims and Defenses.
766.206 - Presuit Investigation of Medical Negligence Claims and Defenses by Court.
766.207 - Voluntary Binding Arbitration of Medical Negligence Claims.
766.208 - Arbitration to Allocate Responsibility Among Multiple Defendants.
766.209 - Effects of Failure to Offer or Accept Voluntary Binding Arbitration.
766.211 - Payment of Arbitration Award; Interest.
766.212 - Appeal of Arbitration Awards and Allocations of Financial Responsibility.
766.301 - Legislative Findings and Intent.
766.302 - Definitions; Ss. 766.301-766.316.
766.303 - Florida Birth-Related Neurological Injury Compensation Plan; Exclusiveness of Remedy.
766.304 - Administrative Law Judge to Determine Claims.
766.305 - Filing of Claims and Responses; Medical Disciplinary Review.
766.306 - Tolling of Statute of Limitations.
766.307 - Hearing; Parties; Discovery.
766.31 - Administrative Law Judge Awards for Birth-Related Neurological Injuries; Notice of Award.
766.311 - Conclusiveness of Determination or Award; Appeal.
766.312 - Enforcement of Awards.
766.313 - Limitation on Claim.
766.314 - Assessments; Plan of Operation.
766.316 - Notice to Obstetrical Patients of Participation in the Plan.