Pre-Suit Investigation

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.

DISCLAIMER – Some of these Florida malpractice laws are exactly like they were first written years ago, but others have been amended several times over the years.  They can be amended again at any time.  For some of these laws you apply the version that existed at the time the malpractice occurred, but for others you apply the version of the law that exists at the time you file your case, or at the time your case gets to trial.  It can be tricky knowing which ones to use. We are showing you these Florida laws to help educate you about medical malpractice issues, but you should always consult an experienced Florida medical malpractice attorney before relying on these provisions.