The 2023 Florida Statutes (including Special Session C)
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. . . 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 . . .
. . . . §§ 766.203-.206, Fla. Stat. (2014). . . .
. . . (citing § 766.203(2)(a)-(b), Fla. Stat. (2016) ) ). Dr. . . . Section 766.203, Florida Statutes, specifically governs the presuit investigation requirements of medical . . .
. . . 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 . . .
. . . 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 . . .
. . . contended that his obligation to submit a verified written medical expert opinion (required by section 766.203 . . .
. . . . § 766.203(2)(b), Fla. Stat. (2012). . . .
. . . . § 766.203(2); see generally id. § 766.201-.212. . . .
. . . 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 . . .
. . . 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 . . .
. . . . § 766.203(3). . . .
. . . 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 . . .
. . . . § 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). . . .
. . . 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 . . .
. . . 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. . . .
. . . 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 . . .
. . . .— (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 . . .
. . . medical malpractice action but does not satisfy the presuit notice requirements set forth in section 766.203 . . .
. . . 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.” . . .
. . . . § 766.203(2). . . . Id. § 766.203(2). . . .
. . . See § 766.203, Fla. Stat. (2008). . . .
. . . Section 766.106(2)(a) provides in part that "[a]fter completion of presuit investigation pursuant to s, 766.203 . . .
. . . 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 . . .
. . . Section 766.203 is governed by the definition of health care provider in section 766.202(4). . . .
. . . 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. . . .
. . . .— (a) After completion of presuit investigation pursuant to s. 766.203(2) and pri- or to filing a complaint . . .
. . . 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 . . .
. . . . § 766.203(2), Fla. Stat. (2008). . . .
. . . conditions precedent prior to the filing of this action pursuant to Florida Statutes § 766.106 and § 766.203 . . .
. . . medical records waived the requirement of a “written opinion” under subsection 766.202(5) and section 766.203 . . .
. . . Regarding his medical malpractice claim, James failed to comply with section 766.203, Florida Statutes . . .
. . . 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 . . .
. . . corroboration documents, which are a prerequisite for proceeding in a medical negligence action, see section 766.203 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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). . . .
. . . 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 . . .
. . . Section 766.203(2) requires that the notice be corroborated by a “verified written medical expert opinion . . . ” furnished to the defendant. § 766.203(2). . . .
. . . based on medical negligence, a claimant must comply with the presuit requirements outlined in section 766.203 . . .
. . . . § 766.203(2)). Gross does not allege that he mailed those documents. . . .
. . . The court found that Plaintiff had not complied with the statutory requirements of §§ 766.106 and 766.203 . . .
. . . Pursuant to section 766.203, Florida Statutes (2006), Appellants were required to investigate their claim . . .
. . . Lazzarin’s affidavit failed to satisfy the requirements of sections 766.102, 766.202, and 766.203, Florida . . .
. . . .— (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 . . .
. . . Section 766.203(2) requires a medical malpractice claimant to corroborate the assertion that reasonable . . .
. . . 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 . . .
. . . 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). . . .
. . . 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 . . .
. . . (a) After completion of presuit investigation pursuant to s. 766.203(2) & 766.203 and prior to filing . . .
. . . . § 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 . . .
. . . 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 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 . . .
. . . . §§ 766.106(3)(b), 766.203(3), Fla. Stat. (2002). . . .
. . . 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 . . .
. . . 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 . . .
. . . Section 766.203, Florida Statutes (2003) requires a medical malpractice claimant to provide, in the presuit . . .
. . . Whether section 766.203 presuit requirements apply to a cause of action founded on another statutory . . .
. . . Yocom initiated a malpractice pre-suit investigation pursuant to section 766.203(2), Florida Statutes . . .
. . . See §§ 766.203-766.206, Fla. Stat. (2003). . . .
. . . 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 . . .
. . . I am notifying you in accordance with Florida Statute Section 766.203 that she intends to pursue a medical . . .
. . . . §§ 766.104(1), 766.203(2). . . . Section 766.203(2) requires the claim be corroborated by at least one “verified written medical expert . . .
. . . accompanied by an affidavit of a nurse, who was not a medical expert under the requirements of section 766.203 . . .
. . . Florida Statutes (2001), provides: (1) Upon the completion of presuit investigation pursuant to s. 766.203 . . .
. . . During the statutory presuit process required under section 766.203, Florida Statutes (2000), Dr. . . .
. . . 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 . . .
. . . . § 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 . . .
. . . 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. . . .
. . . 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 . . .
. . . , that defendants had not made a reasonable investigation as required by sections 766.106(3)(a) and 766.203 . . .
. . . See also § 766.203, Fla. Stat. (1997). . . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . prejudice of their medical malpractice complaint for failure to comply with the requirements of section .766.203 . . .
. . . . § 766.203. . . . F.S.A. § 766.203 provides in part: (2) Prior to issuing notification of intent to initiate medical malpractice . . .
. . . 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 . . .
. . . “After completion of presuit investigation pursuant to § 766.203 and prior to filing a claim for medical . . .
. . . refused to provide it to the doctor) to comply with the presuit investigation requirements of section 766.203 . . .
. . . settlement of claims and prevent the filing of baseless litigation, the legislature enacted section 766.203 . . .
. . . 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 . . .
. . . opinion with the notice of intent to initiate the medical negligence action as required by section 766.203 . . .
. . . Likewise, section 766.203(2) provides that "[p]rior to issuing notification of intent to initiate medical . . .
. . . Jackson Memorial Hospital and to the University of Miami School of Medicine, as required by section 766.203 . . .
. . . . § 766.203,-Fla. Stat. . . .
. . . respond by rejecting claim, offering settlement, or admitting liability and arbitrating damages); and § 766.203 . . .
. . . 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 . . .
. . . 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 . . .
. . . Subsection 766.203(2)(b), Florida Statutes (1995), requires that corroboration of reasonable grounds . . .
. . . 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 . . .
. . . Nichols (Nichols), failed to provide “a verified written medical expert opinion” as required by section 766.203 . . .
. . . See §§ 766.106(3)(a), 766.203(3), Fla. Stat. (1995). . . .
. . . 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 . . .
. . . Section 766.203(2)(b), Fla. . . .
. . . 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 . . .
. . . . § 766.203(3)(b). . . .
. . . For example, subsection 766.203(2)(a) provides that a plaintiff “shall conduct an investigation to ascertain . . .
. . . . § 766.203(2), Fla. Stat. (1993). That requirement was waived by Dr. . . .