HOUSE AMENDMENT
Bill No. HB 1713
   
1 CHAMBER ACTION
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Senate House
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12          Representative Ambler offered the following:
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14          Amendment (with title amendment)
15          Remove line(s) 1168-1188, and insert:
16          Section 30. Subsections (2) and (3) of section 766.203,
17    Florida Statutes, are amended to read:
18          766.203 Presuit investigation of medical negligence claims
19    and defenses by prospective parties.--
20          (2) Prior to issuing notification of intent to initiate
21    medical malpractice litigation pursuant to s. 766.106, the
22    claimant shall conduct an investigation to ascertain that there
23    are reasonable grounds to believe that:
24          (a) Any named defendant in the litigation was negligent in
25    the care or treatment of the claimant; and
26          (b) Such negligence resulted in injury to the claimant.
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28          Corroboration of reasonable grounds to initiate medical
29    negligence litigation shall be provided by the claimant's
30    submission of a verified written medical expert opinion from a
31    medical expert as defined in s. 766.202(5), at the time the
32    notice of intent to initiate litigation is mailed, which
33    statement shall corroborate reasonable grounds to support the
34    claim of medical negligence. This opinion and statement are
35    subject to discovery.
36          (3) Prior to issuing its response to the claimant's notice
37    of intent to initiate litigation, during the time period for
38    response authorized pursuant to s. 766.106, the defendant or the
39    defendant's insurer or self-insurer shall conduct an
40    investigation to ascertain whether there are reasonable grounds
41    to believe that:
42          (a) The defendant was negligent in the care or treatment
43    of the claimant; and
44          (b) Such negligence resulted in injury to the claimant.
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46          Corroboration of lack of reasonable grounds for medical
47    negligence litigation shall be provided with any response
48    rejecting the claim by the defendant's submission of a verified
49    written medical expert opinion from a medical expert as defined
50    in s. 766.202(5), at the time the response rejecting the claim
51    is mailed, which statement shall corroborate reasonable grounds
52    for lack of negligent injury sufficient to support the response
53    denying negligent injury. This opinion and statement are subject
54    to discovery.
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57    ================= T I T L E A M E N D M E N T =================
58          Remove line(s) 80, and insert:
59          F.S.; providing for discovery of