766.205 Florida Stautes - Pre-suit Screening - Discovery of Claims and Defenses

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PRE-SUIT CLAIMS AND DEFENSES

Disclaimer: This is part of the 2009 version of Florida Statutes and it is offered for general information purposes. The statutes on this site should not be relied on without reviewing your legal situation with an experienced medical malpractice lawyer and making sure you are using the appropriate version of the statute for your case. The provisions applicable to your potential claim may or may not be the version that was in effect at the time of the incident because some changes to statutes are retroactive and some changes are not. Other statutes and other case law interpreting or applying these statutes may also apply to your case.

(1) Upon the completion of presuit investigation pursuant to s. 766.203, which investigation has resulted in the mailing of a notice of intent to initiate litigation in accordance with s. 766.106, corroborated 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.

(2) Such access shall be provided without formal discovery, pursuant to s. 766.106, and failure to so provide shall be grounds for dismissal of any applicable claim or defense ultimately asserted.

(3) Failure 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.

(4) No 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. 766.204(1) regardless of whether the medical facility is or is not a defendant.

While our firm started in Orlando and its main office is there, for many years we have handled cases throughout Florida, and even out of state. To serve you better we have opened additional satellite offices in several major Florida cities. We use these offices to conduct client interviews, take depositions, and as war rooms when we have trials in these cities. When advantageous to you, we will also associate with other lawyers and law firms in some areas of the state to serve you better. If we do associate with other lawyers on your case it will be at no additional attorney fee or expense to you.

This site contains only general background information and is not intended to constitute specific legal advice or establish an attorney/client relationship. Laws vary from state to state and are constantly changing. If you think you may have a case you should promptly contact a lawyer in your state with experience in handling this type of case.

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