| HOUSE AMENDMENT |
| Bill No. HB 1713 |
|
|
|
|
|
1
|
CHAMBER ACTION |
|
2
|
|
|
3
|
. |
|
4
|
. |
|
5
|
. |
|
6
|
|
|
7
|
|
|
8
|
|
|
9
|
|
|
10
|
|
|
11
|
|
|
12
|
Representative Ambler offered the following: |
|
13
|
|
|
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. |
|
27
|
|
|
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. |
|
45
|
|
|
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. |
|
55
|
|
|
56
|
|
|
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 |