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Florida Statute 766.203 | Lawyer Caselaw & Research
F.S. 766.203 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS
Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS
View Entire Chapter
F.S. 766.203
766.203 Presuit investigation of medical negligence claims and defenses by prospective parties.
(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.

F.S. 766.203 on Google Scholar

F.S. 766.203 on Casetext

Amendments to 766.203


Arrestable Offenses / Crimes under Fla. Stat. 766.203
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 766.203.



Annotations, Discussions, Cases:

Cases from cite.case.law:

D. RIGGENBACH, M. D. v. A. RHODES,, 267 So. 3d 551 (Fla. App. Ct. 2019)

. . . Because Rhodes failed to comply with the requirement of sections 766.203, 776.202(6), and 766.102(5)( . . . presuit requirements of filing a medical malpractice complaint against Petitioners pursuant to section 766.203 . . .

DYCK- O NEAL, INC. v. LANHAM,, 264 So. 3d 1115 (Fla. App. Ct. 2019)

. . . . §§ 766.203-.206, Fla. Stat. (2014). . . .

DAVIS v. A. KARR, M. D. M. D. P. A. D B A M. D., 264 So. 3d 279 (Fla. App. Ct. 2019)

. . . (citing § 766.203(2)(a)-(b), Fla. Stat. (2016) ) ). Dr. . . . Section 766.203, Florida Statutes, specifically governs the presuit investigation requirements of medical . . .

L. MORRIS, v. S. MUNIZ, M. D., 252 So. 3d 1143 (Fla. 2018)

. . . medical malpractice litigation and a verified written medical expert opinion, as required by section 766.203 . . . Under section 766.203(2), prior to filing a medical malpractice action, a prospective plaintiff "shall . . . Section 766.203(2) provides that the medical expert opinion is for "corroboration of reasonable grounds . . . See §§ 766.102(1) ; 766.203(2). . . . Id. § 766.203(4). The statute does not specify the scope of this discovery. . . . . § 766.203(2), Fla. Stat. (2011). . . . was insufficient to "corroborate reasonable grounds to support the claim of medical negligence." § 766.203 . . .

SHANDS JACKSONVILLE MEDICAL CENTER, INC. v. PUSHA,, 254 So. 3d 1076 (Fla. App. Ct. 2018)

. . . did not contain a written medical expert opinion corroborating Pusha's claim as required by section 766.203 . . . dismiss the complaint on grounds that Pusha failed to comply with the presuit requirements of section 766.203 . . . provided negligent care or treatment and that such negligence resulted in an injury to the claimant. § 766.203 . . . opinion to corroborate that there are reasonable grounds to support the claim of medical negligence. § 766.203 . . .

MANZARO, v. HCA, INC., 254 So. 3d 576 (Fla. App. Ct. 2018)

. . . contended that his obligation to submit a verified written medical expert opinion (required by section 766.203 . . .

RODRIGUEZ v. NICOLITZ, M. D. M. D., 246 So. 3d 550 (Fla. App. Ct. 2018)

. . . . § 766.203(2)(b), Fla. Stat. (2012). . . .

NATIONAL DEAF ACADEMY, LLC, v. TOWNES,, 242 So. 3d 303 (Fla. 2018)

. . . . § 766.203(2); see generally id. § 766.201-.212. . . .

PP TRANSITION, LP f k a LP d b a v. MUNSON,, 232 So. 3d 515 (Fla. Dist. Ct. App. 2017)

. . . See § 766.203(2) (requiring a medical malpractice claimant to -submit a medical expert opinion to corroborate . . . medical malpractice action has failed to satisfy the presuit notice requirements set forth in section 766.203 . . .

CLARE, M. D. v. LYNCH,, 220 So. 3d 1258 (Fla. Dist. Ct. App. 2017)

. . . requisite “[cjorroboration of reasonable grounds to initiate medical negligence litigation” under section 766.203 . . . Section 766.203 requires the claimant to conduct a presuit investigation to determine whether there are . . . As part of that presuit investigation, section 766.203(2) requires that the claimant provide “[c]orroboration . . .

DOCKSWELL, v. BETHESDA MEMORIAL HOSPITAL, INC., 210 So. 3d 1201 (Fla. 2017)

. . . . § 766.203(3). . . .

MERIDIAN PAIN DIAGNOSTICS, INC. v. GREBER, 197 So. 3d 153 (Fla. Dist. Ct. App. 2016)

. . . Section 766.203 describes the parties’ respective responsibilities of presuit notice and investigation . . . defenses and have those claims and defenses corroborated with written opinions from medical experts. § 766.203 . . .

L. MORRIS, S. v. S. MUNIZ, M. D. OB GYN d b a G. M. D., 189 So. 3d 348 (Fla. Dist. Ct. App. 2016)

. . . . § 766.203(2), Fla. Stat. . . . The presuit medical expert opinion is subject to discovery. § 766.203(4), Fla. Stat. . . . .” § 766.203(2), Fla.-Stat. (2011). . . .

SHANDS TEACHING HOSPITAL AND CLINICS, INC. d b a v. ESTATE OF ASHLEY LAWSON, LAWSON,, 175 So. 3d 327 (Fla. Dist. Ct. App. 2015)

. . . See, e.g., § 766.203, Fla. Stat. . . . example of a provision which would make no sense outside the context of medical judgment is section 766.203 . . .

PLANTZ, M. D. v. JOHN, M. Ad a k a C., 170 So. 3d 822 (Fla. Dist. Ct. App. 2015)

. . . might constitute a failure to comply with the statutory presuit screening requirements under sections 766.203 . . . See § 766.203(2). Dr. Plantz commenced formal discovery concerning Dr. Dellerson’s credentials. . . .

UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES, V. M. D. d b a v. MANN,, 159 So. 3d 283 (Fla. Dist. Ct. App. 2015)

. . . Budoff, M.D., was legally insufficient under the applicable statutory provision, i.e., section 766.203 . . . medical malpractice action has failed to satisfy the presuit notice requirements set forth in section 766.203 . . .

SALAZAR, v. COELLO, M. D., 154 So. 3d 430 (Fla. Dist. Ct. App. 2014)

. . . .— (a) After completion of presuit investigation pursuant to s. 766.203(2) and pri- or to filing a complaint . . . prospective defendant or the defendant’s insurer or self-insurer shall conduct a review as provided in s. 766.203 . . .

HOLMES REGIONAL MEDICAL CENTER, INC. v. DUMIGAN, 151 So. 3d 1282 (Fla. Dist. Ct. App. 2014)

. . . medical malpractice action but does not satisfy the presuit notice requirements set forth in section 766.203 . . .

NIEVES, M. D. v. VIERA,, 150 So. 3d 1236 (Fla. Dist. Ct. App. 2014)

. . . Viera failed to satisfy the pre-suit notice requirements of section 766.203(2), Florida Statutes (2011 . . . Simon’s affidavit did not meet the requirements of section 766.203(2) “on its face.” . . .

MURPHY, v. C. DULAY, C. M. D. P. A., 768 F.3d 1360 (11th Cir. 2014)

. . . . § 766.203(2). . . . Id. § 766.203(2). . . .

BERY, v. FAHEL, D. O., 143 So. 3d 962 (Fla. Dist. Ct. App. 2014)

. . . See § 766.203, Fla. Stat. (2008). . . .

YOUNG v. NAPLES COMMUNITY HOSPITAL, INC. P. A. LLC M. D., 129 So. 3d 456 (Fla. Dist. Ct. App. 2014)

. . . Section 766.106(2)(a) provides in part that "[a]fter completion of presuit investigation pursuant to s, 766.203 . . .

EDWARDS, v. SUNRISE OPHTHALMOLOGY ASC, LLC, d b a A. M. D., 134 So. 3d 1056 (Fla. Dist. Ct. App. 2013)

. . . subsequently filed an Answer, asserting noncompliance with sections 766.102, 766.106, 766.202, and 766.203 . . . to serve a corroborating written medical expert.opinion in compliance with the requirements of F.S. 766.203 . . . believe” that a defendant was negligent and that the “negligence resulted in injury” to the plaintiff. § 766.203 . . . “a verified written medical expert opinion from a medical expert as defined in s. 766.202(6)....” § 766.203 . . . .” § 766.203(2), Fla. Stat. (2009). . . . which statement shall corroborate reasonable grounds to support the claim of medical negligence.” § 766.203 . . .

FRANKS, v. BOWERS, M. D., 116 So. 3d 1240 (Fla. 2013)

. . . . § 766.203(3)(b). . . .

PIERROT, v. OSCEOLA MENTAL HEALTH, INC., 106 So. 3d 491 (Fla. Dist. Ct. App. 2013)

. . . Section 766.203 is governed by the definition of health care provider in section 766.202(4). . . .

C. RELL, D. P. M. P. A. v. McCULLA, 101 So. 3d 878 (Fla. Dist. Ct. App. 2012)

. . . motion on the basis that the McCullas had satisfied the presuit notice requirements set forth in section 766.203 . . . dismiss, arguing that the McCullas failed to comply with the presuit notice requirements of section 766.203 . . . Section 766.203(2) provides that: Presuit investigation by claimant.— Prior to issuing notification of . . . We agree that the affidavit in this case did not meet the requirements set forth in section 766.203(2 . . . Bonati, the presuit notice requirements of section 766.203(2) had not been met. Id. at 288. . . .

KING, v. BAPTIST HOSPITAL OF MIAMI, INC. d b a s, 87 So. 3d 39 (Fla. Dist. Ct. App. 2012)

. . . .— (a) After completion of presuit investigation pursuant to s. 766.203(2) and pri- or to filing a complaint . . .

BERRY D. v. PADDEN, M. D., 84 So. 3d 1145 (Fla. Dist. Ct. App. 2012)

. . . Plaintiff failed to provide a verified written medical expert opinion pursuant to Florida Statute § 766.203 . . . Section 766.203(2), Florida Statutes (2006), provides: Presuit investigation by claimant.— Prior to issuing . . .

BERY, v. FAHEL, D. O., 88 So. 3d 236 (Fla. Dist. Ct. App. 2011)

. . . . § 766.203(2), Fla. Stat. (2008). . . .

JOSEPH, v. UNIVERSITY BEHAVIORAL LLC,, 71 So. 3d 913 (Fla. Dist. Ct. App. 2011)

. . . conditions precedent prior to the filing of this action pursuant to Florida Statutes § 766.106 and § 766.203 . . .

HERBER, v. MARTIN MEMORIAL MEDICAL CENTER, INC., 76 So. 3d 1 (Fla. Dist. Ct. App. 2011)

. . . medical records waived the requirement of a “written opinion” under subsection 766.202(5) and section 766.203 . . .

JAMES, v. Lt. GORYL,, 62 So. 3d 1225 (Fla. Dist. Ct. App. 2011)

. . . Regarding his medical malpractice claim, James failed to comply with section 766.203, Florida Statutes . . .

HOLMES REGIONAL MEDICAL CENTER, INC. v. WIRTH, 49 So. 3d 802 (Fla. Dist. Ct. App. 2010)

. . . certiorari challenges whether the Wirths satisfied the pre-suit notice requirements set forth in subsection 766.203 . . . precedent establishes that certiorari review is proper when a plaintiff fails to comply with section 766.203 . . . with a “verified written medical expert opinion from a medical expert as defined in s. 766.202(6).” § 766.203 . . .

BALDWIN v. SHANDS TEACHING HOSPITAL AND CLINICS, INC. a k a, 45 So. 3d 118 (Fla. Dist. Ct. App. 2010)

. . . corroboration documents, which are a prerequisite for proceeding in a medical negligence action, see section 766.203 . . .

OLIVEROS, v. ADVENTIST HEALTH SYSTEMS SUNBELT, INC. d b a d b a Dr. D. Dr. LLC., 45 So. 3d 873 (Fla. Dist. Ct. App. 2010)

. . . trial court determined that the appellants failed to comply with the presuit requirements of section 766.203 . . . In an attempt to comply with the presuit requirements of section 766.203(2), the appellants listed Dr . . . See § 766.203(2). In April 2007, the appellants filed their complaint in the trial court. . . . that the appellants failed to comply with the presuit corroborating affidavit requirement in section 766.203 . . . Section 766.203(2) requires a corroborating affidavit from a medical expert as defined in section 766.202 . . .

BAPTIST MEDICAL CENTER OF BEACHES, INC. v. RHODIN, 40 So. 3d 112 (Fla. Dist. Ct. App. 2010)

. . . As required by section 766.203(2), Florida Statutes (2009), respondents filed the affidavit of Dr. . . . [sjuch negligence resulted in injury to the claimant.” § 766.203(2), Fla. . . . The dispute here focuses upon whether respondents satisfied the requirements of section 766.203(2): Corroboration . . . essential requirements of law in construing the pre-suit notice requirements, we begin with section 766.203 . . . Section 766.203 requires just that, not proof after a mini-trial of actual malpractice on the facts presented . . .

HOLDEN, v. BOBER, M. D. Gu, M. D. W. M. D. P. A. d b a d b a, 39 So. 3d 396 (Fla. Dist. Ct. App. 2010)

. . . of intent to initiate a medical malpractice action against him pursuant to sections 766.106(2) and 766.203 . . . Gu as required by section 766.203(2) before issuing the notice of intent. . . . requirements to initiate a medical malpractice action The purpose of a presuit investigation under section 766.203 . . . verified written medical expert opinion from a medical expert as defined under section 766.202(6). § 766.203 . . . See § 766.203(3)(b). . . .

JEFFREY A. HUNT, D. O. P. A. d b a v. HUPPMAN,, 28 So. 3d 989 (Fla. Dist. Ct. App. 2010)

. . . did not provide a corroborating affidavit by a qualified medical expert in compliance with section 766.203 . . . In June 2008, Huppman served her notice of intent to initiate litigation (“NOI”) pursuant to section 766.203 . . . Huppman did not serve a corroborating medical expert opinion with the NOI as required by section 766.203 . . . Thus, under sections 766.203(2), 766.202(6), and 766.102(5), the written expert opinion that accompanies . . . meet these two requirements, she is not qualified to render a medical expert opinion under section 766.203 . . .

DERESPINA, v. NORTH BROWARD HOSPITAL DISTRICT d b a, 19 So. 3d 1128 (Fla. Dist. Ct. App. 2009)

. . . Section 766.203(2) requires that the notice be corroborated by a “verified written medical expert opinion . . . ” furnished to the defendant. § 766.203(2). . . .

OKEN, M. D. a v. WILLIAMS,, 23 So. 3d 140 (Fla. Dist. Ct. App. 2009)

. . . based on medical negligence, a claimant must comply with the presuit requirements outlined in section 766.203 . . .

GROSS, v. WHITE,, 340 F. App'x 527 (11th Cir. 2009)

. . . . § 766.203(2)). Gross does not allege that he mailed those documents. . . .

NOBLES, In v. CORRECTIONS CORPORATION OF AMERICA,, 327 F. App'x 838 (11th Cir. 2009)

. . . The court found that Plaintiff had not complied with the statutory requirements of §§ 766.106 and 766.203 . . .

GERM a v. ST. LUKE S HOSPITAL ASSOCIATION, a P. M. D. M. D. M. D. s P. A., 993 So. 2d 576 (Fla. Dist. Ct. App. 2008)

. . . Pursuant to section 766.203, Florida Statutes (2006), Appellants were required to investigate their claim . . .

GONZALEZ, v. F. TRACY, D. P. M., 994 So. 2d 402 (Fla. Dist. Ct. App. 2008)

. . . Lazzarin’s affidavit failed to satisfy the requirements of sections 766.102, 766.202, and 766.203, Florida . . .

TENET SOUTH FLORIDA HEALTH SYSTEMS d b a v. B. JACKSON,, 991 So. 2d 396 (Fla. Dist. Ct. App. 2008)

. . . .— (a) After completion of presuit investigation pursuant to s. 766.203(2) and prior to filing a complaint . . . prospective defendant or the defendant’s insurer or self-insurer shall conduct a review as provided in s. 766.203 . . .

MARAJ v. NORTH BROWARD HOSPITAL DISTRICT,, 989 So. 2d 682 (Fla. Dist. Ct. App. 2008)

. . . Section 766.203(2) requires a medical malpractice claimant to corroborate the assertion that reasonable . . .

MARTIN MEMORIAL MEDICAL CENTER, INC. v. HERBER,, 984 So. 2d 661 (Fla. Dist. Ct. App. 2008)

. . . motion to dismiss for failure to comply with statutory presuit screening requirements under sections 766.203 . . . Further, failure to meet the requirements of a pre-suit investigation under section 766.203 results in . . . After conducting an investigation, Martin Memorial rejected Herber’s claim pursuant to section 766.203 . . . Section 766.203(2) provides that the institution of a medical malpractice action is conditioned upon . . . Section 766.203(3) provides that the presuit investigation must be done in good faith and is used to . . .

JOHNSON, T. v. McNEIL, RN M. D. ARNP, 278 F. App'x 866 (11th Cir. 2008)

. . . the Florida Statutes, and failed to comply with the pre-suit investigation requirements of section 766.203 . . . Johnson conceded that she had not complied with the pre-suit requirements of sections 766.106(2)(a) and 766.203 . . . Stat. § 766.203(2) (2005). . . . Stat, § 766.203(2) (2005). . . .

JACKSON, v. J. MORILLO, M. D., 976 So. 2d 1125 (Fla. Dist. Ct. App. 2007)

. . . First, Danny Ray Jackson failed to comply with section 766.203, Florida Statutes (2003). . . . We reasoned in Mirza that section 766.203 did not require that each future defendant be individually . . . determined that Jackson had failed to conduct a proper pre-suit investigation as required by section 766.203 . . . Lee’s affidavit, and fully complied with the spirit and specific provisions of section 766.203. Dr. . . . constitutionally guaranteed access to the courts support our decision to reject a narrow construction of section 766.203 . . .

LIFESOUTH COMMUNITY BLOOD CENTERS, INC. v. FITCHNER, v. a, 970 So. 2d 379 (Fla. Dist. Ct. App. 2007)

. . . (a) After completion of presuit investigation pursuant to s. 766.203(2) & 766.203 and prior to filing . . .

E. MICHAEL, S. v. MEDICAL STAFFING NETWORK, INC. d b a R. N., 947 So. 2d 614 (Fla. Dist. Ct. App. 2007)

. . . . § 766.203(2), Fla. Stat. (2004). . . . Instead, section 766.203(2), Florida Statutes, indicates that “[c]orroboration of reasonable grounds . . . the claimant’s submission of a verified written medical expert opinion from a medical expert....” § 766.203 . . .

MIRZA, M. D. v. TROMBLEY, 946 So. 2d 1096 (Fla. Dist. Ct. App. 2006)

. . . with the pre-suit investigatory affidavit requirement. , First, I address the statement that section 766.203 . . . Furthermore, section 766.203(2) requires the claimant to investigate to determine whether reasonable . . . What is most troubling is the language of the majority that seeks to rewrite section 766.203(2). . . . and did not individually name him in their corroborating expert affidavit, filed pursuant to section 766.203 . . . medical expert” that “corroborate^ reasonable grounds to support the claim of medical negligence.” § 766.203 . . . named in the investigatory affidavit is not compelled or supported by the express language of section 766.203 . . . See § 766.203(2), Fla. Stat. (2004). . . .

ANDERSON, v. B. WAGNER, DPM,, 955 So. 2d 586 (Fla. Dist. Ct. App. 2006)

. . . Anderson failed to provide a corroborating affidavit for his complaint, as required by section 766.203 . . . that reasonable grounds existed to support the claims of medical negligence as required by section 766.203 . . . this hearing, plaintiff has failed to submit a verified written medical opinion as required by section 766.203 . . . Anderson contends that the trial court: (1) improperly relied on section 766.203 in dismissing his case . . . Section 766.203(2), Florida Statutes (2003), provides: PRESUIT INVESTIGATION BY CLAIMANT. — Prior to . . .

UNIVERSITY OF MIAMI, v. WILSON,, 948 So. 2d 774 (Fla. Dist. Ct. App. 2006)

. . . . §§ 766.106(3)(b), 766.203(3), Fla. Stat. (2002). . . .

BONATI, M. D. M. D. P. A. v. ALLEN, D. O. R. M. D. M. M. D., 911 So. 2d 285 (Fla. Dist. Ct. App. 2005)

. . . Prior to filing suit, Allen conducted a presuit investigation pursuant to section 766.203, Florida Statutes . . . Bonati filed a motion to dismiss asserting that Allen had not complied with section 766.203 and that . . . However, section 766.203(2) requires that the claimant shall conduct an investigation to ascertain that . . .

LARGIE v. GREGORIAN, M. D. M. D. P. A. A. R. N. P. C. M. D. M. D. P. A., 913 So. 2d 635 (Fla. Dist. Ct. App. 2005)

. . . to inform nurse Jessica Wang of “reasonable grounds” for a claim of medical negligence under Section 766.203 . . . Section 766.203, Florida Statutes (2000) provides: (2) Presuit investigation by claimant. . . . Largie complied with the statutory requirements of Section 766.203, Florida Statutes (2000). . . . The majority opinion appears to read into Section 766.203, Florida Statutes (2000), a requirement that . . . Section 766.203(2), Florida Statutes (2000). . . . .” § 766.203(2), Fla. Stat. (2002); see also § 766.104(1), Fla. . . . students, has knowledge of the applicable standard of care for ... nurse practitioners”); see also § 766.203 . . . in compliance with the reasonable investigation requirements of sections 766.201 through 766.212); § 766.203 . . . there existed “reasonable grounds to initiate medical negligence litigation” against this nurse. § 766.203 . . .

J. PALEY, M. D. M. D. v. MARAJ, 910 So. 2d 282 (Fla. Dist. Ct. App. 2005)

. . . Section 766.203, Florida Statutes (2003) requires a medical malpractice claimant to provide, in the presuit . . .

R. FASSY, M. D. P. A. v. P. CROWLEY,, 884 So. 2d 359 (Fla. Dist. Ct. App. 2004)

. . . Whether section 766.203 presuit requirements apply to a cause of action founded on another statutory . . .

J. YOCOM, D. C. v. WUESTHOFF HEALTH SYSTEMS, INC., 880 So. 2d 787 (Fla. Dist. Ct. App. 2004)

. . . Yocom initiated a malpractice pre-suit investigation pursuant to section 766.203(2), Florida Statutes . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RE THE MEDICAL LIABILITY CLAIMANT S COMPENSATION AMENDMENT, 880 So. 2d 675 (Fla. 2004)

. . . See §§ 766.203-766.206, Fla. Stat. (2003). . . .

APOSTOLICO, v. ORLANDO REGIONAL HEALTH CARE SYSTEM, INC., 871 So. 2d 283 (Fla. Dist. Ct. App. 2004)

. . . Specifically, section 766.203(2) provides: Prior to issuing notification of intent to initiate medical . . . While section 766.203(2) directs the claimant to conduct an investigation to ascertain that there are . . . See §§ 766.102, 766.203, Fla. Stat. (2002). . . . See §§ 766.203(2), 766.205(5), Fla. Stat. (2002). . . . Instead, the 2002 version of section 766.203(2) provides, in pertinent part, that "[c]orroboration of . . .

CREEL v. J. DANISI, M. D., 868 So. 2d 603 (Fla. Dist. Ct. App. 2004)

. . . I am notifying you in accordance with Florida Statute Section 766.203 that she intends to pursue a medical . . .

FLORIDA HOSPITAL WATERMAN, v. STOLL, 855 So. 2d 271 (Fla. Dist. Ct. App. 2003)

. . . . §§ 766.104(1), 766.203(2). . . . Section 766.203(2) requires the claim be corroborated by at least one “verified written medical expert . . .

COHEN, v. WEST BOCA MEDICAL CENTER, INC. d b a a d b a a D. O. P. A. a M. D. P. A. a M. D. M. D. P. A. d b a a M. D. P. A. d b a a, 854 So. 2d 276 (Fla. Dist. Ct. App. 2003)

. . . accompanied by an affidavit of a nurse, who was not a medical expert under the requirements of section 766.203 . . .

VINCENT, v. A. KAUFMAN, M. D., 855 So. 2d 1153 (Fla. Dist. Ct. App. 2003)

. . . Florida Statutes (2001), provides: (1) Upon the completion of presuit investigation pursuant to s. 766.203 . . .

SULTAN, D. D. S. D. D. S. P. A. a v. EARING- DOUD, 852 So. 2d 313 (Fla. Dist. Ct. App. 2003)

. . . During the statutory presuit process required under section 766.203, Florida Statutes (2000), Dr. . . .

C. WALKER, Jr. v. VIRGINIA INSURANCE RECIPROCAL,, 842 So. 2d 804 (Fla. 2003)

. . . Insurance complied with the medical malpractice presuit screening requirements of sections 766.104 and 766.203 . . . investigation of medical negligence claims and applies to “all medical negligence ... claims and defenses.” § 766.203 . . . the care or treatment of the claimant and that this negligence resulted in injury to the claimant. § 766.203 . . . Section 766.203, Florida Statutes (1997), which is entitled "Presuit investigation of medical negligence . . . the claimant. .As provided in section 766.106(2), after the presuit investigation required by section 766.203 . . .

INTEGRATED HEALTH CARE SERVICES, INC. v. LANG- REDWAY,, 840 So. 2d 974 (Fla. 2002)

. . . . § 766.203(1)-(2), Fla. Stat. (1997). . . . Section 766.106 provides in relevant part: (2) After completion of presuit investigation pursuant to s. 766.203 . . .

SOLOMON v. WELL CARE HMO, INC., 822 So. 2d 543 (Fla. Dist. Ct. App. 2002)

. . . Section 766.106(2), provides: After completion of presuit investigation pursuant to s. 766.203 and prior . . . Presuit investigation under section 766.203, applies to “medical negligence” claims. . . . See § 766.203(1), Fla. . . .

COLUMBIA JFK MEDICAL CENTER LIMITED PARTNERSHIP, d b a JFK v. BROWN M. D. M. D. P. A., 805 So. 2d 28 (Fla. Dist. Ct. App. 2001)

. . . The corroborating affidavit required by section 766.203 was from an emergency physician. . . . requires that the corroborating expert opinion identify every possible instance of medical negligence. § 766.203 . . .

D. GRAU, M. D. P. A. v. R. WELLS, 795 So. 2d 988 (Fla. Dist. Ct. App. 2001)

. . . , that defendants had not made a reasonable investigation as required by sections 766.106(3)(a) and 766.203 . . .

INTEGRATED HEALTH CARE SERVICES, INC. St. a k a a k a v. LANG- REDWAY, W., 783 So. 2d 1108 (Fla. Dist. Ct. App. 2001)

. . . See also § 766.203, Fla. Stat. (1997). . . . .

S. TORREY, v. LEESBURG REGIONAL MEDICAL CENTER,, 796 So. 2d 544 (Fla. Dist. Ct. App. 2001)

. . . See section 766.203(4), Florida Statutes. . . . Section 766.203(4), Florida Statutes (emphasis added). This issue was well decided in Clark v. . . . has ever disqualified them as experts, that omission flies in the face of the express language of § 766.203 . . . In sum, since the Plaintiffs have failed to comply with the presuit requirements of §§ 766.106 and 766.203 . . . after a second notice coupled with the failure to comply within the statute of limitations with section 766.203 . . .

E. GUTIERREZ, M. D. E. M. D. P. A. v. PERALTA,, 785 So. 2d 536 (Fla. Dist. Ct. App. 2001)

. . . the verified opinion of Richard Turner, M.D., sent with the notice of intent as required by section 766.203 . . . The requirements of pre-suit investigation apply to “all medical negligence” claims and defenses. § 766.203 . . . care and treatment of the claimant; and (b), [s]uch negligence resulted in injury to the claimant.” § 766.203 . . . See § 766.203(2), Fla. . . . of the cap requirements in section 766.207 differs from the pre-suit notice requirements of section 766.203 . . . NOTICE OF INTENT TO INITIATE LITIGATION PURSUANT TO SECTION 766.106, FLORIDA STATUTES, AND SECTION 766.203 . . . The majority’s opinion would require “claimant” to mean one thing in sections 766.106 and 766.203 and . . .

BARCLAY, M. D. v. A. SUSAC, M. D., 780 So. 2d 152 (Fla. Dist. Ct. App. 2000)

. . . See § 766.203, Fla. Stat. (1996). Dr. Barclay opined that Dr. . . . As provided by section 766.203(3)(b): Corroboration of lack of reasonable grounds for medical negligence . . . Susac’s file and otherwise failed to comply with the requirements of section 766.203(3)(b). . . . Barclay in accordance with section 766.203(3), we are confident that suit would not have been filed against . . .

PAVOLINI v. F. BIRD, M. D. F. M. D. P. A., 769 So. 2d 410 (Fla. Dist. Ct. App. 2000)

. . . to the pre-suit notice requirement are the pre-suit investigation requirements contained in section 766.203 . . . The requirements of pre-suit investigation apply to “all medical negligence” claims and defenses. § 766.203 . . . care and treatment of the claimant; and (b), [s]uch negligence resulted in injury to the claimant.” § 766.203 . . . See § 766.203(2), Fla. . . . which statement shall corroborate reasonable grounds to support the claim of medical negligence.” § 766.203 . . . the requirement that presuit notice be sent “after completion of presuit investigation pursuant to § 766.203 . . .

TAPIA- RUANO, v. O. ALVAREZ, M. D., 765 So. 2d 942 (Fla. Dist. Ct. App. 2000)

. . . prejudice of their medical malpractice complaint for failure to comply with the requirements of section .766.203 . . .

ERICSON, v. Z. POLLACK, M. D. Z. P. C., 110 F. Supp. 2d 582 (E.D. Mich. 2000)

. . . . § 766.203. . . . F.S.A. § 766.203 provides in part: (2) Prior to issuing notification of intent to initiate medical malpractice . . .

VIRGINIA INSURANCE RECIPROCAL, s v. C. WALKER, Jr. M. D. P. A., 765 So. 2d 229 (Fla. Dist. Ct. App. 2000)

. . . plaintiff complied with the medical malpractice presuit screening requirements of sections 766.104 and 766.203 . . . By the terms of section 766.203(1), all claims of medical malpractice are subject to the mandatory presuit . . .

NGS AMERICAN, INC. v. JEFFERSON,, 218 F.3d 519 (6th Cir. 2000)

. . . “After completion of presuit investigation pursuant to § 766.203 and prior to filing a claim for medical . . .

L. DIMICK- RUSSELL v. FRANKEL, D. D. S., 734 So. 2d 486 (Fla. Dist. Ct. App. 1999)

. . . refused to provide it to the doctor) to comply with the presuit investigation requirements of section 766.203 . . .

J. CASCIO, v. ST. JOSEPH HOSPITAL OF PORT CHARLOTTE, INC. R. N. M. D., 734 So. 2d 1099 (Fla. Dist. Ct. App. 1999)

. . . settlement of claims and prevent the filing of baseless litigation, the legislature enacted section 766.203 . . .

J. COHEN, M. D. v. DAUPHINEE,, 739 So. 2d 68 (Fla. 1999)

. . . District Court in Citron on the issue of whether the presuit affidavit, required pursuant to sections 766.203 . . . he had prepared as part of Dauphinee’s compliance with the presuit screening requirements of section 766.203 . . . complaint on the grounds that it failed to comply with the presuit screening requirement of section 766.203 . . . See § 766.203(2), Fla. Stat. (1989). . . . Sections 766.203(2) and (3) provide: (2) Prior to issuing notification of intent to initiate medical . . . issue in this case is the corroborating verified written medical expert opinion required by section 766.203 . . . the plaintiffs arguments and pointed out that plaintiff had failed to consider the effect of section 766.203 . . . product protection in section 766.106 not to apply to the corroborating opinion requirement in section 766.203 . . . petitioner’s insurers and was not the verified written medical expert opinion that is required by section 766.203 . . .

L. GODBOLD, M. D. v. COX- NOVOA s, 730 So. 2d 767 (Fla. Dist. Ct. App. 1999)

. . . opinion with the notice of intent to initiate the medical negligence action as required by section 766.203 . . .

MUSCULOSKELETAL INSTITUTE CHARTERED, d b a E. III, M. D. E. III, M. D. P. A. A. M. D. v. S. PARHAM,, 745 So. 2d 946 (Fla. 1999)

. . . Likewise, section 766.203(2) provides that "[p]rior to issuing notification of intent to initiate medical . . .

MEDINA v. PUBLIC HEALTH TRUST d b a, 743 So. 2d 541 (Fla. Dist. Ct. App. 1999)

. . . Jackson Memorial Hospital and to the University of Miami School of Medicine, as required by section 766.203 . . .

A. WENDEL, M. D. f u b o v. HAUSER, M. D. d b a, 726 So. 2d 378 (Fla. Dist. Ct. App. 1999)

. . . . § 766.203,-Fla. Stat. . . .

FOX, v. McCAW CELLULAR COMMUNICATIONS OF FLORIDA, d b a s d b a, 745 So. 2d 330 (Fla. Dist. Ct. App. 1998)

. . . respond by rejecting claim, offering settlement, or admitting liability and arbitrating damages); and § 766.203 . . .

PARANZINO, v. BERGER, M. D., 755 So. 2d 655 (Fla. Dist. Ct. App. 1998)

. . . provides as follows: (1) After the completion of presuit investigation by the parties pursuant to s. 766.203 . . . not only failed to present a corroborating verified medical expert opinion in accordance with section 766.203 . . .

GORADESKY v. Dr. HICKOX, 721 So. 2d 419 (Fla. Dist. Ct. App. 1998)

. . . failed to file a corroborating expert affidavit in accordance with the presuit requirements of section 766.203 . . . They failed to file, pursuant to section 766.203(2), Florida Statutes (1993), any affidavit of a qualified . . . that a notice of intent was timely so long as it was filed within the statutory limitations period); § 766.203 . . .

CENTRAL FLORIDA REGIONAL HOSPITAL, v. HILL,, 721 So. 2d 404 (Fla. Dist. Ct. App. 1998)

. . . Subsection 766.203(2)(b), Florida Statutes (1995), requires that corroboration of reasonable grounds . . .

CLARK, v. SARASOTA COUNTY PUBLIC HOSPITAL BOARD, d b a, 65 F. Supp. 2d 1308 (M.D. Fla. 1998)

. . . which a claimant must provide in conjunction with serving his notice of intent to sue pursuant to § 766.203 . . . the same “expert” has been disqualified in another legal proceeding, as specifically required by § 766.203 . . . In sum, since the Plaintiffs have failed to comply with the presuit requirements of §§ 766.106 and 766.203 . . . Pursuant to § 766.203(2), the claimant must also provide a corroborating verified written expert medical . . . Section 766.203, Florida Statutes provides that "the medical expert opinions required by this section . . .

MAGUIRE, M. D. v. NICHOLS, d b a, 712 So. 2d 784 (Fla. Dist. Ct. App. 1998)

. . . Nichols (Nichols), failed to provide “a verified written medical expert opinion” as required by section 766.203 . . .

ROTHSCHILD, v. NME HOSPITALS, INC. d b a, 707 So. 2d 952 (Fla. Dist. Ct. App. 1998)

. . . See §§ 766.106(3)(a), 766.203(3), Fla. Stat. (1995). . . .

R. PAGAN, M. D. R. M. D. P. A. v. SMITH, 705 So. 2d 1034 (Fla. Dist. Ct. App. 1998)

. . . Pagan’s pleadings on the basis of sections 766.203(3) and 766.206(3), Florida Statutes. . . . As pertinent to the defendant in this case, Section 766.203(3) requires the defendant to perform “an . . .

OKALOOSA COUNTY, a v. C. CUSTER,, 697 So. 2d 1297 (Fla. Dist. Ct. App. 1997)

. . . Section 766.203(2)(b), Fla. . . .

FORT WALTON BEACH MEDICAL CENTER, INC. D. D. P. A. v. M. DINGLER L., 697 So. 2d 575 (Fla. Dist. Ct. App. 1997)

. . . an affirmative defense that respondents had failed to corroborate their claim as required by section 766.203 . . . Further, section 766.203(2) requires that prior to the claimant issuing the notice of intent to initiate . . . provides two alternative bases for a person to qualify to render a medical expert opinion under section 766.203 . . . Ill Petitioners argue that respondents failed to comply with the requirements of section 766.203(2) to . . . trial, they assert it would be ludicrous to rule that he cannot give an opinion for purposes of section 766.203 . . .

ST. MARY S HOSPITAL, INC. s v. PHILLIPE,, 699 So. 2d 1017 (Fla. Dist. Ct. App. 1997)

. . . . § 766.203(3)(b). . . .

COMMUNITY BLOOD CENTERS OF SOUTH FLORIDA, INC. f k a v. DAMIANO,, 697 So. 2d 948 (Fla. Dist. Ct. App. 1997)

. . . For example, subsection 766.203(2)(a) provides that a plaintiff “shall conduct an investigation to ascertain . . .

WATSON, v. BECKMAN, D. D. S., 695 So. 2d 436 (Fla. Dist. Ct. App. 1997)

. . . . § 766.203(2), Fla. Stat. (1993). That requirement was waived by Dr. . . .