HOUSE AMENDMENT Bill No. HB 1713
1	CHAMBER ACTION
2	Senate House
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12	Representative Bucher offered the following:
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14	Amendment (with title amendment)
15	Remove lines 1139-1212, and insert:
16	Section 28. Subsection (5) of section 766.202, Florida
17	Statutes, is amended to read:
18	766.202 Definitions; ss. 766.201-766.212.--As used in ss.
19	766.201-766.212, the term:
20	(5) "Medical expert" means a person familiar with the
21	evaluation, diagnosis, or treatment of the medical condition at
22	issue who:
23	(a) Isduly and regularly engaged in the practice of his
24	or her profession,whoholds a health care professional degree
25	from a university or college,and has had special professional
26	training and experience;or
27	(b) Hasone possessed ofspecial health care knowledge or
28	skill about the subject upon which he or she is called to
29	testify or provide an opinion.
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31	Such expert shall certify that he or she has similar credentials
32	and expertise in the area of the defendant's particular practice
33	or specialty, if the defendant is a specialist.
34	Section 29. Subsection (2) of section 766.203, Florida
35	Statutes, is amended to read:
36	766.203 Presuit investigation of medical negligence claims
37	and defenses by prospective parties.--
38	(2) Prior to issuing notification of intent to initiate
39	medical malpractice litigation pursuant to s. 766.106, the
40	claimant shall conduct an investigation to ascertain that there
41	are reasonable grounds to believe that:
42	(a) Any named defendant in the litigation was negligent in
43	the care or treatment of the claimant; and
44	(b) Such negligence resulted in injury to the claimant.
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46	Corroboration of reasonable grounds to initiate medical
47	negligence litigation shall be provided by the claimant's
48	submission of a verified written medical expert opinion from a
49	medical expert as defined in s. 766.202(5), at the time the
50	notice of intent to initiate litigation is mailed, which
51	statement shall corroborate reasonable grounds to support the
52	claim of medical negligence. This opinion and statement are
53	subject to discovery and are admissible in future proceedings,
54	subject to exclusion under s. 90.403.
55	Section 30. Subsections (2) and (3) and paragraph (b) of
56	subsection (7) of section 766.207, Florida Statutes, are amended
57	to read:
58	766.207 Voluntary binding arbitration of medical
59	negligence claims.--
60	(2) Upon the completion of presuit investigation with
61	preliminary reasonable grounds for a medical negligence claim
62	intact, the parties may elect to have damages determined by an
63	arbitration panel. Such election may be initiated by either
64	party by serving a request for voluntary binding arbitration of
65	damages within 15090days after service of the claimant's
66	notice of intent to initiate litigation upon the defendant. The
67	evidentiary standards for voluntary binding arbitration of
68	medical negligence claims shall be as provided in ss.
69	120.569(2)(g) and 120.57(1)(c).
70	(3) Upon receipt of a party's request for such
71	arbitration, the opposing party may accept the offer of
72	voluntary binding arbitration within 30 days. However, in no
73	event shall the defendant be required to respond to the request
74	for arbitration sooner than 15090days after service of the
75	notice of intent to initiate litigation under s. 766.106. Such
76	acceptance within the time period provided by this subsection
77	shall be a binding commitment to comply with the decision of the
78	arbitration panel. The liability of any insurer shall be subject
79	to any applicable insurance policy limits.
80	(7) Arbitration pursuant to this section shall preclude
81	recourse to any other remedy by the claimant against any
82	participating defendant, and shall be undertaken with the
83	understanding that:
84	(b) Noneconomic damages shall be limited to a maximum of
85	$250,000 per incident, and shall becalculated on a percentage
86	basis with respect to capacity to enjoy life, so that a finding
87	that the claimant's injuries resulted in a 50-percent reduction
88	in his or her capacity to enjoy life would warrant an award of
89	not more than $125,000 noneconomic damages.
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91	The provisions of this subsection shall not preclude settlement
92	at any time by mutual agreement of the parties.
93	Section 31. Paragraph (a) of subsection (4) of section
94	766.209, Florida Statutes, is amended to read:
95	766.209 Effects of failure to offer or accept voluntary
96	binding arbitration.--
97	(4) If the claimant rejects a defendant's offer to enter
98	voluntary binding arbitration:
99	(a) The damages awardable at trial shall be limited to net
100	economic damages, plus noneconomic damages not to exceed
101	$350,000 per incident. The Legislature expressly finds that such
102	conditional limit on noneconomic damages is warranted by the
103	claimant's refusal to accept arbitration, and represents an
104	appropriate balance between the interests of all patients who
105	ultimately pay for medical negligence losses and the interests
106	of those patients who are injured as a result of medical
107	negligence.
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109	================= T I T L E A M E N D M E N T =================
110	Remove line(s) 75-84, and insert:
111	judgment; establishing assessments by the court; amending s.
112	766.202, F.S.; providing requirements for medical experts;
113	amending s. 766.203, F.S.; providing for discovery and
114	admissibility of opinions and statements tendered during presuit
115	investigation; amending s. 766.207, F.S.; conforming provisions
116	to the extension in the time period for presuit investigation;
117	removing a limitation on noneconomic damages; amending s.
118	766.209, F.S.; removing a limitation on noneconomic damages;
119	requiring the Department of Health to study